78(R) SB 1254 - Introduced version


                                                                                

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.