By: Hamric (Senate Sponsor - Gallegos) H.B. No. 2828
(In the Senate - Received from the House May 2, 2005;
May 3, 2005, read first time and referred to Subcommittee on
Agriculture and Coastal Resources; May 18, 2005, rereferred to
Committee on Intergovernmental Relations; May 21, 2005, reported
favorably, as amended, by the following vote: Yeas 5, Nays 0;
May 21, 2005, sent to printer.)
COMMITTEE AMENDMENT NO. 1 By: Deuell
Amend HB 2828, on page 2, line 37 by striking section 60.501 of the
bill and inserting a new section 60.501 to read as follows:
Sec. 60.501. SAFETY AND SECURITY PROCEDURES; NO NEW
DUTIES. The adoption and use by a district of a safety or security
code, policy, or manual does not create any new or additional legal
duties of the district not existing under common law or statutory
law.
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.
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