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.
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