79R12471 QS-D


By:  Hamric                                                       H.B. No. 2828

Substitute the following for H.B. No. 2828:                                   

By:  Phillips                                                 C.S.H.B. No. 2828



A BILL TO BE ENTITLED

AN ACT

relating to the powers and duties of a navigation district or port 
authority.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 60.412(a), Water Code, is amended to 
read as follows:    
	(a)  A contract for a purchase is exempt from the 
requirements of Sections 60.404 and 60.405 [of this code] if a 
contract is for the purchase of:
		(1)  an item that must be purchased in a case of public 
calamity if it is necessary to make the purchase promptly to relieve 
the necessity of the citizens or to preserve the property of the 
district or port authority;
		(2)  an item necessary to preserve or protect the 
public health or the safety of the residents of the district or port 
authority;
		(3)  an item made necessary by unforeseen damage to the 
property of the district or port authority;
		(4)  a personal or professional service;                                      
		(5)  any work performed and paid for by the day as the 
work progresses;     
		(6)  any land or right-of-way;                                                
		(7)  an item that can be obtained only from one source, 
including:          
			(A)  items for which competition is precluded 
because of the existence of patents, copyrights, secret processes, 
or natural monopolies;
			(B)  films, manuscripts, or books;                                           
			(C)  public utility services; and                                            
			(D)  captive replacement parts or components for 
equipment; [or]
		(8)  any item necessary to secure a district or port 
authority during a period of heightened security as determined by:
			(A)  the federal Department of Homeland Security, 
including the Transportation Security Administration;
			(B)  the United States Coast Guard;                                          
			(C)  [the] United States Customs and Border 
Protection [Service];
			(D)  the Federal Bureau of Investigation;                                    
			(E)  the federal Department of Transportation, 
including the Maritime Administration; or
			(F)  another federal, state, or local agency; or                      
		(9)  an item from the United States or from this state, 
including an agency of this state.
	SECTION 2.  Section 60.454, Water Code, is amended to read as 
follows:       
	Sec. 60.454.  PURCHASING CONTRACT METHODS.  Notwithstanding 
any other provision of this chapter or other law, a district 
contract valued at $25,000 or more in the aggregate for each 
12-month period may be made by the method below that, in the opinion 
of the district's commission, provides the best value for the 
district:
		(1)  a design-build contract to construct, 
rehabilitate, alter, or repair facilities;
		(2)  a contract to construct, rehabilitate, alter, or 
repair facilities that involves using a construction manager-agent 
or construction manager-at-risk;
		(3)  competitive sealed proposals;                                            
		(4)  a job order contract for the construction, repair, 
rehabilitation, or alteration of a facility;
		(5)  a request for proposals, if the contract is for 
services other than construction services;
		(6)  competitive sealed bids;                                                 
		(7)  a catalog purchase as provided by Subchapter B, 
Chapter 2157, Government Code;
		(8)  an interlocal contract as provided by Chapter 791, 
Government Code; [or]
		(9)  the reverse auction procedure as defined by 
Section 2155.062(d), Government Code;
		(10)  a contract with the United States; or                            
		(11)  a contract with this state, including an agency 
of this state. 
	SECTION 3.  Section 60.459(c), Water Code, is amended to 
read as follows:    
	(c)  The district shall document the basis of its selection 
and shall make the evaluations public not later than the later of:
		(1)  the 30th [seventh] day after the date of the award 
of the contract; or
		(2)  the next scheduled commission meeting.                            
	SECTION 4.  Chapter 60, Water Code, is amended by adding 
Subchapter Q to read as follows:

SUBCHAPTER Q.  MISCELLANEOUS PROVISIONS
	Sec. 60.501.  SAFETY PROCEDURES; IMMUNITY FROM SUIT.  A 
district that adopts a safety or security code, policy, or manual 
may not be sued for noncompliance with that code, policy, or manual.
	SECTION 5.  Subchapter D, Chapter 62, Water Code, is amended 
by adding Section 62.121 to read as follows:
	Sec. 62.121.  CONTRACTS WITH POLITICAL SUBDIVISIONS IN 
COUNTIES ADJACENT TO DISTRICT.  (a)  A district may contract with 
any person in a county adjacent to the district or with a county 
adjacent to the district to exercise a district power for any 
district purpose.
	(b)  As part of a contract under this section, a district 
may:        
		(1)  issue bonds, including bonds secured by ad valorem 
taxation; and
		(2)  use proceeds from bonds issued by the district to 
finance a project that serves a district purpose in a county 
adjacent to the district.
	SECTION 6.  This Act takes effect September 1, 2005.