By:  Bernsen                                          S.B. No. 1788
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation, administration, powers, duties,
 1-3     operation, and financing of the Jefferson County Waterway and
 1-4     Navigation District and the merger of the Jefferson County
 1-5     Navigation District with that district.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  CREATION.  (a)  A navigation district, to be
 1-8     known as the Jefferson County Waterway and Navigation District, is
 1-9     created in Jefferson County, subject to approval at a confirmation
1-10     election under Section 10 of this Act.  The district is a
1-11     governmental agency and a body politic and corporate.
1-12           (b)  The district is created under and is essential to
1-13     accomplish the purposes of Section 59, Article XVI,  Texas
1-14     Constitution.
1-15           SECTION 2.  DEFINITIONS.  In this Act:
1-16                 (1)  "Commissioners court" means the Jefferson County
1-17     Commissioners Court.
1-18                 (2)  "District" means the Jefferson County Waterway and
1-19     Navigation District.
1-20           SECTION 3.  BOUNDARIES.  The boundaries of the district are
1-21     coextensive with the boundaries of Jefferson County, Texas.
1-22           SECTION 4.  FINDING OF BENEFIT.  All of the land and other
1-23     property included within the boundaries of the district will be
1-24     benefited by the works and projects that are to be accomplished by
1-25     the district under powers conferred by Section 59, Article XVI,
 2-1     Texas Constitution.  The district is created to serve a public use
 2-2     and benefit.
 2-3           SECTION 5.  GENERAL POWERS.  The district has all of the
 2-4     rights, powers, privileges, authority, functions, and duties
 2-5     provided by the general law of this state, including Chapters 49,
 2-6     60, and 62, Water Code, applicable to navigation districts created
 2-7     under Section 59, Article XVI, Texas Constitution.  This Act
 2-8     prevails over any provision of general law that is in conflict or
 2-9     inconsistent with this Act.
2-10           SECTION 6.  ADDITIONAL POWERS.  (a)  The district may
2-11     operate, develop, and improve ship channels and waterways within
2-12     its boundaries and outside but adjacent to its boundaries and
2-13     extending into the Gulf of Mexico  or  may act as local sponsor for
2-14     such projects developed by the federal government.
2-15           (b)  The district may:
2-16                 (1)  acquire land or interests in land within or
2-17     outside its boundaries by purchase, lease, or otherwise;
2-18                 (2)  convey land or interests in land by lease,
2-19     installment sale, or otherwise; and
2-20                 (3)  purchase, construct, enlarge, extend, repair,
2-21     maintain, operate, develop, sell by installment sale or otherwise,
2-22     and lease as lessor or as lessee any other facility or aid
2-23     incidental to or useful in the operation or development of ports
2-24     adjacent to the ship channels and waterways that the district
2-25     develops or federal developments for which the district acts as
2-26     local sponsor, or in aid of navigation and navigation-related
 3-1     commerce in those ship channels, for those ports, and in those
 3-2     waterways, including navigation locks and saltwater barriers.
 3-3           SECTION 7.  RELATIONSHIP OF DISTRICT TO EXISTING DISTRICTS IN
 3-4     AREA.  The district is created in addition to all other existing
 3-5     conservation and reclamation districts in Jefferson County.  The
 3-6     district's powers are concurrent with, but do not supersede, the
 3-7     powers exercised by the existing Port of Beaumont Navigation
 3-8     District of Jefferson County, Texas, the existing Port of Port
 3-9     Arthur Navigation District of Jefferson County, Texas, and the
3-10     existing Sabine Pass Port Authority over territory those districts
3-11     have in common with the district.  The district and each of the
3-12     other navigation districts may contract with each other or with
3-13     other entities as necessary to provide for division of jurisdiction
3-14     or for responsibility for the joint development, operation, or
3-15     maintenance and funding of new or existing projects.  Each district
3-16     may levy its maintenance taxes to the extent required to satisfy
3-17     its obligations under such a contract.
3-18           SECTION 8.  NAVIGATION AND CANAL COMMISSION.  (a)  The
3-19     district is governed by five navigation and canal commissioners
3-20     appointed by the commissioners court.
3-21           (b)  Chapter 62, Water Code, governs the qualifications,
3-22     appointment, terms, and removal of commissioners.
3-23           (c)  Three commissioners constitute a quorum.  The
3-24     concurrence of three commissioners is required to conduct the
3-25     business of the district.
3-26           SECTION 9.  APPOINTMENT OF COMMISSIONERS.  As soon as
 4-1     practicable after the confirmation of the district at an election
 4-2     held as provided by Section 10 of this Act, the commissioners court
 4-3     shall appoint five initial navigation and canal commissioners to
 4-4     terms that comply with Chapter 62, Water Code.
 4-5           SECTION 10.  CONFIRMATION ELECTION.  (a)  At any time after
 4-6     the effective date of this Act, the commissioners court may call an
 4-7     election to confirm establishment of the district, to approve the
 4-8     merger of the Jefferson County Navigation District with the
 4-9     district, and to approve the levy and collection, by the
4-10     commissioners court on behalf of the district, of a maintenance and
4-11     operations tax at a rate not to exceed 10 cents for each $100
4-12     valuation of taxable property in the district.
4-13           (b)  The ballot must provide for voting for or against the
4-14     proposition:  "The creation of the Jefferson County Waterway and
4-15     Navigation District, the merger of the existing Jefferson County
4-16     Navigation District with the new district, and the levy and
4-17     collection, by the commissioners court on behalf of the new
4-18     district, of a maintenance and operations tax at a rate not to
4-19     exceed 10 cents for each $100 valuation of taxable property in the
4-20     new district."
4-21           (c)  If a majority of qualified voters in the district voting
4-22     in the election vote in favor of the proposition, the creation of
4-23     the district is confirmed, the Jefferson County Navigation District
4-24     is merged with the district on the date determined as provided by
4-25     Section 11 of this Act, and the commissioners court is authorized,
4-26     on the date determined as provided by Section 11 of this Act, to
 5-1     levy and collect a maintenance and operations tax on behalf of the
 5-2     district not to exceed the specified rate.
 5-3           (d)  If a majority of the qualified voters in the district
 5-4     voting in the election vote against the proposition, the
 5-5     proposition fails.  If the proposition fails,  the commissioners
 5-6     court may resubmit the proposition at an election held as provided
 5-7     by this section.
 5-8           (e)  Subsection (a), Section 41.001, Election Code, does not
 5-9     apply to a confirmation election held as provided by this section.
5-10           (f)  Except as provided by this section, a confirmation
5-11     election must be conducted as provided by Sections 62.031 through
5-12     62.035, Water Code, and the Election Code.
5-13           SECTION 11.  MERGER.  (a)  The commissioners court by order
5-14     shall set the effective date of the merger so as to avoid
5-15     disruption in the levy and collection of maintenance and operations
5-16     taxes.
5-17           (b)  On the effective date of the merger:
5-18                 (1)  the Jefferson County Navigation District is merged
5-19     into the district;
5-20                 (2)  all powers, duties, rights, and obligations of the
5-21     Jefferson County Navigation District, including all powers and
5-22     rights granted the Jefferson County Navigation District under
5-23     general or special law, are the powers, duties, rights, and
5-24     obligations of the district;
5-25                 (3)  all assets, personnel, equipment, data, documents,
5-26     facilities, and other items of the Jefferson County Navigation
 6-1     District are transferred to the district; and
 6-2                 (4)  the commissioners court may levy and collect a
 6-3     maintenance and operations tax on behalf of the district.
 6-4           (c)  After the date of merger, the commissioners court shall
 6-5     levy and collect, in addition to any other maintenance and
 6-6     operations tax that may be levied on behalf of the district, a
 6-7     maintenance and operations tax sufficient to provide for timely
 6-8     payment or satisfaction of all obligations of the Jefferson County
 6-9     Navigation District assumed by the district, the total maintenance
6-10     and operations tax not to exceed the rate specified in Subsection
6-11     (a), Section 10 of this Act.
6-12           SECTION 12.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
6-13     (a)  The proper and legal notice of the intention to introduce this
6-14     Act, setting forth the general substance of this Act, has been
6-15     published as provided by law, and the notice and a copy of this Act
6-16     have been furnished to all persons, agencies, officials, or
6-17     entities to which they are required to be furnished by the
6-18     constitution and other laws of this state, including the governor,
6-19     who has submitted the notice and Act to the Texas Natural Resource
6-20     Conservation Commission.
6-21           (b)  The Texas Natural Resource Conservation Commission has
6-22     filed its recommendations relating to this Act with the governor,
6-23     the lieutenant governor, and the speaker of the house of
6-24     representatives within the required time.
6-25           (c)  All requirements of the constitution and laws of this
6-26     state and the rules and procedures of the legislature with respect
 7-1     to the notice, introduction, and passage of this Act are fulfilled
 7-2     and accomplished.
 7-3           SECTION 13.  EFFECTIVE DATE.  This Act takes effect
 7-4     immediately if it receives a vote of two-thirds of all the members
 7-5     elected to each house, as provided by Section 39, Article III,
 7-6     Texas Constitution.  If this Act does not receive the vote
 7-7     necessary for immediate effect, this Act takes effect September 1,
 7-8     2001.