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.