By Lindsay S.B. No. 1665
76R7428 WP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of certain navigation districts to
1-3 acquire land or improvements on land, annex territory, and issue
1-4 bonds.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 62.107(a), Water Code, is amended to read
1-7 as follows:
1-8 (a) Any district created under this chapter may acquire by
1-9 gift, purchase, or condemnation and may own land or improvements
1-10 adjacent or accessible to the navigable water and ports developed
1-11 by it which may be necessary or required for any and all purposes
1-12 incident to or necessary for the development and operation of the
1-13 navigable water or ports within the district, or may be necessary
1-14 or required for or in aid of the development of industries on the
1-15 land. Notwithstanding the provisions of any other law governing
1-16 procurement, a district may acquire land or improvements from any
1-17 public or private owner on any terms to which the commission of
1-18 the district and the property owner agree.
1-19 SECTION 2. Subchapter D, Chapter 62, Water Code, is amended
1-20 by adding Section 62.1071 to read as follows:
1-21 Sec. 62.1071. ADDITIONAL COMMISSIONERS FOR ACQUISITIONS FROM
1-22 CERTAIN MUNICIPALITIES. (a) A district that acquires land or an
1-23 improvement from a municipality that has a population of more than
1-24 35,000 shall add one member to its commission. The governing body
2-1 of the municipality in which the acquired land or improvement is
2-2 located shall appoint the additional commissioner. If the acquired
2-3 land or improvement is located in more than one municipality with
2-4 populations of more than 35,000 and that are located in the same
2-5 county, the governing bodies of all the municipalities jointly
2-6 shall appoint the additional commissioner.
2-7 (b) The additional commissioner shall serve a term as
2-8 provided by Sections 62.314(c) and (d).
2-9 SECTION 3. Subchapter F, Chapter 62, Water Code, is amended
2-10 by adding Sections 62.209 and 62.210 to read as follows:
2-11 Sec. 62.209. USE OF BOND PROCEEDS TO ACQUIRE LAND. The
2-12 district may not expend for the acquisition of land or improvement
2-13 outside of the district's territorial boundaries proceeds of bonds
2-14 issued by a district that were authorized by the district's voters
2-15 before the annexation of territory or an acquisition of land or an
2-16 improvement.
2-17 Sec. 62.210. BOND ISSUANCE AFTER ANNEXATION OF TERRITORY.
2-18 After the annexation of territory:
2-19 (1) bond proceeds of district bonds may be used only
2-20 in the territory in which an election was called and held for the
2-21 voters of the territory to approve the issuance and use of the
2-22 bonds; and
2-23 (2) an election described by Subdivision (1) may be
2-24 held in the entire district or only:
2-25 (A) in the territorial boundaries of the
2-26 district as it existed before the annexation of the territory; or
2-27 (B) in the boundaries of the annexed territory.
3-1 SECTION 4. Sections 62.295 and 62.297, Water Code, are
3-2 amended to read as follows:
3-3 Sec. 62.295. ELECTION ORDER. (a) If after the hearing the
3-4 commission finds that inclusion of the territory proposed to be
3-5 annexed would be a direct benefit to all the land in that
3-6 territory, the commission shall order an election to be held in the
3-7 territory proposed to be annexed.
3-8 (b) A district may order an annexation election to annex
3-9 territory without imposing on the territory any part of the bonded
3-10 debt of the district. Unless the voters approve at an annexation
3-11 election the assumption of the bonded debt, the district may not
3-12 impose a tax on the annexed territory or use tax money collected
3-13 from the annexed territory for payment of the principal of or
3-14 interest on bond debt issued by the district before the
3-15 annexation.
3-16 Sec. 62.297. BALLOTS. (a) The ballots for the election
3-17 shall be printed to allow for voting for or against: "Annexation to
3-18 the navigation district."; and "Assumption of a pro rata part of
3-19 the bonded debt of the navigation district."
3-20 (b) Notwithstanding Subsection (a), if the district holds an
3-21 election to approve the annexation of territory without imposing on
3-22 the territory a part of the district's bonded debt, the ballot for
3-23 the election shall be printed to allow for voting for or against:
3-24 "Annexation to the navigation district."
3-25 SECTION 5. Sections 62.314(b)-(d), Water Code, are amended
3-26 to read as follows:
3-27 (b) The commissioners court of the annexed county shall
4-1 appoint one commissioner who is an elector of and resides [two
4-2 commissioners, both of whom shall be electors who reside] in the
4-3 district. The additional commissioner is a member [two commission
4-4 members shall be additional members] of the commission of the
4-5 district and has [shall have] the same duties and receives
4-6 [receive] the same compensation as incumbent commission members.
4-7 (c) The additional commissioner [commission members] shall
4-8 hold office for a term equal to and expiring with the terms of the
4-9 incumbent commission members or, if the members of the commission
4-10 are serving staggered terms, expiring with the term of the
4-11 commission member whose term first expires.
4-12 (d) At the expiration of the term [terms] of the additional
4-13 commissioner [commission members], the terms of all commission
4-14 members shall be automatically terminated.
4-15 SECTION 6. The change in law made by this Act to Sections
4-16 62.314(b)-(d), Water Code, does not effect the composition of the
4-17 navigation and canal commission of a navigation district that
4-18 annexed a county under Subchapter H, Water Code, before the
4-19 effective date of this Act, and the former law is continued in
4-20 effect for that purpose.
4-21 SECTION 7. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended,
4-26 and that this Act take effect and be in force from and after its
4-27 passage, and it is so enacted.