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.