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78R7704 RCJ-D
By: Armbrister S.B. No. 1254
A BILL TO BE ENTITLED
AN ACT
relating to the leasing and contracting powers of a port authority
or navigation district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 60.039, Water Code, is amended to read as
follows:
Sec. 60.039. SURFACE LEASE FOR NOT MORE THAN 30 [10] YEARS.
The commission may lease the surface of land for not more than 30
[10] years by the entry of an order on the minutes of the commission
and the execution of a lease in the manner provided by the original
order. The lease may not be extended beyond the 30-year [10-year]
period by renewal, extension, or otherwise.
SECTION 2. Section 60.040, Water Code, is amended to read as
follows:
Sec. 60.040. PUBLICATION OF NOTICE FOR SALES AND LEASES IN
EXCESS OF 30 [10] YEARS. Before making a sale or lease of land for
more than 30 [10] years, the commission shall publish a notice in
the manner provided in Section 60.035 of this subchapter.
SECTION 3. Section 60.041, Water Code, is amended to read as
follows:
Sec. 60.041. SECURITY FOR BIDS ON LAND TO BE SOLD OR LEASED
FOR MORE THAN 30 [10] YEARS. Each bid submitted on land to be sold
or leased for more than 30 [10] years shall be accompanied by a
certified check, cashier's check, or bidder's bond with a
responsible corporate surety authorized to do business in Texas.
The check or bond shall be in an amount equal to the bid for the land
or for the first rental payment under the lease and shall guarantee
that the bidder will perform the terms of his bid if it is accepted
by the commission.
SECTION 4. The heading to Section 60.042, Water Code, is
amended to read as follows:
Sec. 60.042. AWARD AND EXECUTION OF DEED OR LEASE IN EXCESS
OF 30 [10] YEARS.
SECTION 5. Section 60.151, Water Code, is amended to read as
follows:
Sec. 60.151. PURPOSE. It is the purpose and intent of this
subchapter to confer on districts individually, jointly, or
mutually interested in a navigation project, including a project
relating to improvements and facilities described in Sections
60.032 and 60.101 of this code, the fullest possible power of
contract with regard to navigation or other projects of individual
or common interest.
SECTION 6. Section 60.152(a), Water Code, is amended to
read as follows:
(a) One [Two] or more districts, which are interested in or
may, in the judgment of the commission, be benefited by a navigation
or other project, may enter into contracts with the United States or
with another district [each other], or both, to consummate
navigation or other projects of common interest.
SECTION 7. Section 60.403(a), Water Code, is amended to
read as follows:
(a) A port commission, [or] authorized designated officer
of the port commission, or authorized designated employee of a port
authority or district may make routine purchases or contracts in an
amount not to exceed $25,000.
SECTION 8. Subchapter N, Chapter 60, Water Code, is amended
by adding Section 60.4115 to read as follows:
Sec. 60.4115. NOTIFICATION OF SAFETY AND ENVIRONMENTAL
RECORD OF CONTRACTOR. (a) A person that enters into a contract
with a district or port authority shall provide, at the request of
the district or port authority, notice to the district or authority
of any citation, notice of violation or penalty, or other similar
document, regarding a serious safety or environmental violation
that the person received from an agency or department of this state
or of the federal government. The notice must include:
(1) a general description of the conduct that resulted
in the citation, violation, penalty, or similar sanction; and
(2) the document from the agency or department that
provided notice to the person of the citation, violation, penalty,
or similar sanction.
(b) A district or port authority may terminate a contract
with a person if the district or authority determines that the
person failed to give notice as required by Subsection (a) or
misrepresented conduct that resulted in a citation, notice of
violation or penalty, or similar sanction. The district or port
authority shall compensate the person for services performed before
the termination of the contract.
(c) This section applies to all purchasing methods
available to a district or port authority.
SECTION 9. (a) This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.
(b) Section 60.4115, Water Code, as added by this Act,
applies only to a contract entered into on or after the effective
date of this Act. A contract entered into before the effective date
of this Act is governed by the law in effect at the time the contract
was entered into, and the former law is continued in effect for that
purpose.
(c) The changes in law made to Sections 60.039, 60.040,
60.041, and 60.042, Water Code, by this Act apply only to a lease
entered into on or after the effective date of this Act. A lease
entered into before the effective date of this Act is governed by
the law in effect at the time the lease was entered into, and the
former law is continued in effect for that purpose.