1-1 By: Bernsen S.B. No. 1788 1-2 (In the Senate - Filed March 30, 2001; April 3, 2001, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 23, 2001, reported favorably by the following vote: Yeas 6, 1-5 Nays 0; April 23, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the creation, administration, powers, duties, 1-9 operation, and financing of the Jefferson County Waterway and 1-10 Navigation District and the merger of the Jefferson County 1-11 Navigation District with that district. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. CREATION. (a) A navigation district, to be 1-14 known as the Jefferson County Waterway and Navigation District, is 1-15 created in Jefferson County, subject to approval at a confirmation 1-16 election under Section 10 of this Act. The district is a 1-17 governmental agency and a body politic and corporate. 1-18 (b) The district is created under and is essential to 1-19 accomplish the purposes of Section 59, Article XVI, Texas 1-20 Constitution. 1-21 SECTION 2. DEFINITIONS. In this Act: 1-22 (1) "Commissioners court" means the Jefferson County 1-23 Commissioners Court. 1-24 (2) "District" means the Jefferson County Waterway and 1-25 Navigation District. 1-26 SECTION 3. BOUNDARIES. The boundaries of the district are 1-27 coextensive with the boundaries of Jefferson County, Texas. 1-28 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-29 property included within the boundaries of the district will be 1-30 benefited by the works and projects that are to be accomplished by 1-31 the district under powers conferred by Section 59, Article XVI, 1-32 Texas Constitution. The district is created to serve a public use 1-33 and benefit. 1-34 SECTION 5. GENERAL POWERS. The district has all of the 1-35 rights, powers, privileges, authority, functions, and duties 1-36 provided by the general law of this state, including Chapters 49, 1-37 60, and 62, Water Code, applicable to navigation districts created 1-38 under Section 59, Article XVI, Texas Constitution. This Act 1-39 prevails over any provision of general law that is in conflict or 1-40 inconsistent with this Act. 1-41 SECTION 6. ADDITIONAL POWERS. (a) The district may 1-42 operate, develop, and improve ship channels and waterways within 1-43 its boundaries and outside but adjacent to its boundaries and 1-44 extending into the Gulf of Mexico or may act as local sponsor for 1-45 such projects developed by the federal government. 1-46 (b) The district may: 1-47 (1) acquire land or interests in land within or 1-48 outside its boundaries by purchase, lease, or otherwise; 1-49 (2) convey land or interests in land by lease, 1-50 installment sale, or otherwise; and 1-51 (3) purchase, construct, enlarge, extend, repair, 1-52 maintain, operate, develop, sell by installment sale or otherwise, 1-53 and lease as lessor or as lessee any other facility or aid 1-54 incidental to or useful in the operation or development of ports 1-55 adjacent to the ship channels and waterways that the district 1-56 develops or federal developments for which the district acts as 1-57 local sponsor, or in aid of navigation and navigation-related 1-58 commerce in those ship channels, for those ports, and in those 1-59 waterways, including navigation locks and saltwater barriers. 1-60 SECTION 7. RELATIONSHIP OF DISTRICT TO EXISTING DISTRICTS IN 1-61 AREA. The district is created in addition to all other existing 1-62 conservation and reclamation districts in Jefferson County. The 1-63 district's powers are concurrent with, but do not supersede, the 1-64 powers exercised by the existing Port of Beaumont Navigation 2-1 District of Jefferson County, Texas, the existing Port of Port 2-2 Arthur Navigation District of Jefferson County, Texas, and the 2-3 existing Sabine Pass Port Authority over territory those districts 2-4 have in common with the district. The district and each of the 2-5 other navigation districts may contract with each other or with 2-6 other entities as necessary to provide for division of jurisdiction 2-7 or for responsibility for the joint development, operation, or 2-8 maintenance and funding of new or existing projects. Each district 2-9 may levy its maintenance taxes to the extent required to satisfy 2-10 its obligations under such a contract. 2-11 SECTION 8. NAVIGATION AND CANAL COMMISSION. (a) The 2-12 district is governed by five navigation and canal commissioners 2-13 appointed by the commissioners court. 2-14 (b) Chapter 62, Water Code, governs the qualifications, 2-15 appointment, terms, and removal of commissioners. 2-16 (c) Three commissioners constitute a quorum. The 2-17 concurrence of three commissioners is required to conduct the 2-18 business of the district. 2-19 SECTION 9. APPOINTMENT OF COMMISSIONERS. As soon as 2-20 practicable after the confirmation of the district at an election 2-21 held as provided by Section 10 of this Act, the commissioners court 2-22 shall appoint five initial navigation and canal commissioners to 2-23 terms that comply with Chapter 62, Water Code. 2-24 SECTION 10. CONFIRMATION ELECTION. (a) At any time after 2-25 the effective date of this Act, the commissioners court may call an 2-26 election to confirm establishment of the district, to approve the 2-27 merger of the Jefferson County Navigation District with the 2-28 district, and to approve the levy and collection, by the 2-29 commissioners court on behalf of the district, of a maintenance and 2-30 operations tax at a rate not to exceed 10 cents for each $100 2-31 valuation of taxable property in the district. 2-32 (b) The ballot must provide for voting for or against the 2-33 proposition: "The creation of the Jefferson County Waterway and 2-34 Navigation District, the merger of the existing Jefferson County 2-35 Navigation District with the new district, and the levy and 2-36 collection, by the commissioners court on behalf of the new 2-37 district, of a maintenance and operations tax at a rate not to 2-38 exceed 10 cents for each $100 valuation of taxable property in the 2-39 new district." 2-40 (c) If a majority of qualified voters in the district voting 2-41 in the election vote in favor of the proposition, the creation of 2-42 the district is confirmed, the Jefferson County Navigation District 2-43 is merged with the district on the date determined as provided by 2-44 Section 11 of this Act, and the commissioners court is authorized, 2-45 on the date determined as provided by Section 11 of this Act, to 2-46 levy and collect a maintenance and operations tax on behalf of the 2-47 district not to exceed the specified rate. 2-48 (d) If a majority of the qualified voters in the district 2-49 voting in the election vote against the proposition, the 2-50 proposition fails. If the proposition fails, the commissioners 2-51 court may resubmit the proposition at an election held as provided 2-52 by this section. 2-53 (e) Subsection (a), Section 41.001, Election Code, does not 2-54 apply to a confirmation election held as provided by this section. 2-55 (f) Except as provided by this section, a confirmation 2-56 election must be conducted as provided by Sections 62.031 through 2-57 62.035, Water Code, and the Election Code. 2-58 SECTION 11. MERGER. (a) The commissioners court by order 2-59 shall set the effective date of the merger so as to avoid 2-60 disruption in the levy and collection of maintenance and operations 2-61 taxes. 2-62 (b) On the effective date of the merger: 2-63 (1) the Jefferson County Navigation District is merged 2-64 into the district; 2-65 (2) all powers, duties, rights, and obligations of the 2-66 Jefferson County Navigation District, including all powers and 2-67 rights granted the Jefferson County Navigation District under 2-68 general or special law, are the powers, duties, rights, and 2-69 obligations of the district; 3-1 (3) all assets, personnel, equipment, data, documents, 3-2 facilities, and other items of the Jefferson County Navigation 3-3 District are transferred to the district; and 3-4 (4) the commissioners court may levy and collect a 3-5 maintenance and operations tax on behalf of the district. 3-6 (c) After the date of merger, the commissioners court shall 3-7 levy and collect, in addition to any other maintenance and 3-8 operations tax that may be levied on behalf of the district, a 3-9 maintenance and operations tax sufficient to provide for timely 3-10 payment or satisfaction of all obligations of the Jefferson County 3-11 Navigation District assumed by the district, the total maintenance 3-12 and operations tax not to exceed the rate specified in Subsection 3-13 (a), Section 10 of this Act. 3-14 SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 3-15 (a) The proper and legal notice of the intention to introduce this 3-16 Act, setting forth the general substance of this Act, has been 3-17 published as provided by law, and the notice and a copy of this Act 3-18 have been furnished to all persons, agencies, officials, or 3-19 entities to which they are required to be furnished by the 3-20 constitution and other laws of this state, including the governor, 3-21 who has submitted the notice and Act to the Texas Natural Resource 3-22 Conservation Commission. 3-23 (b) The Texas Natural Resource Conservation Commission has 3-24 filed its recommendations relating to this Act with the governor, 3-25 the lieutenant governor, and the speaker of the house of 3-26 representatives within the required time. 3-27 (c) All requirements of the constitution and laws of this 3-28 state and the rules and procedures of the legislature with respect 3-29 to the notice, introduction, and passage of this Act are fulfilled 3-30 and accomplished. 3-31 SECTION 13. EFFECTIVE DATE. This Act takes effect 3-32 immediately if it receives a vote of two-thirds of all the members 3-33 elected to each house, as provided by Section 39, Article III, 3-34 Texas Constitution. If this Act does not receive the vote 3-35 necessary for immediate effect, this Act takes effect September 1, 3-36 2001. 3-37 * * * * *