1-1     By:  Lindsay, Gallegos, Ellis                         S.B. No. 1665
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Natural Resources;
 1-4     May 3, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 0; May 3, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1665              By:  Armbrister
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the authority of certain navigation districts to
1-11     acquire land, equipment, or improvements and issue bonds.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter D, Chapter 62, Water Code, is amended
1-14     by adding Sections 62.1071 and 62.1072 to read as follows:
1-15           Sec. 62.1071.  ACQUISITION OF LAND, EQUIPMENT, OR
1-16     IMPROVEMENTS IN CERTAIN COUNTIES.  (a)  This section applies only
1-17     to a district that has a county of jurisdiction with a population
1-18     of more than 2.8 million.
1-19           (b)  A district may acquire, by any means except by
1-20     condemnation, and own land, equipment, or improvements located in a
1-21     county that is adjacent to the district's county of jurisdiction if
1-22     the commission considers the land, equipment, or improvements:
1-23                 (1)  necessary, required, or convenient for any purpose
1-24     necessary or incident to the development and operation of navigable
1-25     water or a port located in the district's county of jurisdiction or
1-26     a county adjacent to that county; or
1-27                 (2)  may be in aid of, or necessary, required, or
1-28     convenient for, the development of industries and businesses on the
1-29     land in the county of jurisdiction or a county adjacent to that
1-30     county.
1-31           (c)  Notwithstanding any other law or municipal charter, a
1-32     district may acquire, and any public or private owner may dispose
1-33     of, land, equipment, or improvements on any terms to which the
1-34     commission and the property owner agree.
1-35           (d)  If in connection with an acquisition or disposition of
1-36     land, equipment, or improvements under this section the governing
1-37     body of a municipality decides to discontinue operations of a port,
1-38     as a utility of the municipality or otherwise, the acquisition or
1-39     disposition of the land, equipment, or improvements may not be
1-40     completed until a majority of the qualified voters of the
1-41     municipality voting at an election called and held for that purpose
1-42     approve of the discontinuance of the operations.
1-43           (e)  The commissioners may change the name of the district in
1-44     connection with the acquisition of land, equipment, or improvements
1-45     under this section.
1-46           (f)  Notwithstanding the source of the revenue, a district
1-47     that acquires land, equipment, or improvements under this section
1-48     may use or pledge to the payment of obligations of the district for
1-49     the development of any district facility, regardless of the
1-50     location of the facility, any revenue of the district, except as
1-51     provided by Section 62.209.
1-52           (g)  Section 41.001(a), Election Code, does not apply to an
1-53     election held under this section.
1-54           (h)  Except as provided by this section, an election held
1-55     under this section must be conducted as provided by the Election
1-56     Code.
1-57           Sec. 62.1072.  ADDITIONAL COMMISSIONERS FOR ACQUISITIONS FROM
1-58     CERTAIN MUNICIPALITIES.  (a)  A district that acquires land,
1-59     equipment, or improvements under Section 62.1071 from a
1-60     municipality with a population of more than 35,000 that operates
1-61     navigation and port facilities and that is located in a county
1-62     adjacent to the county of jurisdiction may add positions for
1-63     members of the commission, as determined by the commission.  Not
1-64     more than two positions may be added to the commission under this
 2-1     section.
 2-2           (b)  The governing body of the municipality in which the
 2-3     acquired land, equipment, or improvements are located shall appoint
 2-4     the additional commissioners.
 2-5           (c)  Commissioners serving in the positions added under
 2-6     Subsection (a) shall serve terms that are consistent with the law
 2-7     governing the terms of the other commissioners.
 2-8           SECTION 2.  Subchapter F, Chapter 62, Water Code, is amended
 2-9     by adding Section 62.209 to read as follows:
2-10           Sec. 62.209.  USE OF BOND PROCEEDS FOR CERTAIN ACQUISITIONS
2-11     OF CERTAIN DISTRICTS.  A district to which Section 62.1071 applies
2-12     may not spend for the acquisition of land, equipment, or
2-13     improvements under that section the proceeds of bonds authorized by
2-14     the district's voters before the district undertakes the
2-15     acquisition.
2-16           SECTION 3.  The importance of this legislation and the
2-17     crowded condition of the calendars in both houses create an
2-18     emergency and an imperative public necessity that the
2-19     constitutional rule requiring bills to be read on three several
2-20     days in each house be suspended, and this rule is hereby suspended,
2-21     and that this Act take effect and be in force from and after its
2-22     passage, and it is so enacted.
2-23                                  * * * * *