By: Smith of Harris	H.B. No. 3158

	A BILL TO BE ENTITLED
	AN ACT
	relating to the name, powers, and board of directors of the Chambers
	County-Cedar Bayou Navigation District.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 1(a), Chapter 589, Acts of the 75th
	Legislature, Regular Session, 1997, is amended to read as follows:
	(a)  The [There is created and established a] special
	district [to be] known as the "Cedar ["Chambers County-Cedar] Bayou
	Navigation District" [that] is a governmental agency, a body
	politic and corporate, and a political subdivision of the state.
	SECTION 2.  Section 2, Chapter 589, Acts of the 75th
	Legislature, Regular Session, 1997, is amended to read as follows:
	Sec. 2.  DEFINITION.  In this Act, "district" means the Cedar
	[Chambers County-Cedar] Bayou Navigation District.
	SECTION 3.  Section 5, Chapter 589, Acts of the 75th
	Legislature, Regular Session, 1997, is amended to read as follows:
	Sec. 5.  BOARD OF DIRECTORS.  (a)  The district is to be
	governed by a board of seven [five (5)] directors.
	(b)  The five directors serving in director positions 1, 2,
	3, 4, and 5 [Except for the initial directors, each director] shall
	be appointed by the Commissioners Court of Chambers County from a
	list of candidates recommended by the board in the manner provided
	in Section 375.064, Local Government Code, or, if the commissioners
	court is not satisfied with any of the recommended candidates, from
	nominees submitted by members of the commissioners court. Said
	directors shall serve staggered six (6) year terms with the terms of
	the directors in positions 1 and 3 expiring May 1 of an odd-numbered
	year, the directors in positions 2 and 4 expiring May 1 of another
	odd-numbered year, and the director in position 5 expiring May 1 of
	another odd-numbered year [either 2 directors or 1 director
	expiring on May 1 of each odd-numbered year as provided below].
	Each director so appointed shall serve a term of office of six (6)
	years, and until his or her successor is appointed and has
	qualified. Appointments to fill an unexpired term shall be made by
	the remaining directors.
	(b-1)  The directors serving in director positions 1 and 2
	must be representatives of a company or business in the district
	that has the highest and second highest taxable value of real and
	personal property located in the district, as certified by the
	Chambers County Appraisal District. The directors serving in
	director positions 3 and 4 must be representatives of a company or
	business in the district that owns real or personal property that
	has a taxable value of at least $25,000,000 but less than
	$250,000,000, as certified by the Chambers County Appraisal
	District. The director serving in director position 5 must be a
	representative of a company or business that owns real or personal
	property in the district that has a taxable value of at least
	$5,000,000 but less than $25,000,000, as certified by the Chambers
	County Appraisal District.
	(b-2)  The directors shall elect a chairperson from the
	directors. The person elected serves a term of four years as
	chairperson. Beginning September 1, 2007, the chairperson shall be
	elected by the directors from among the directors in positions 1, 2,
	3, 4, and 5. At the conclusion of the term of the initial
	chairperson elected under this subsection, the chairperson shall be
	elected by the directors from among the directors in positions 6 and
	7. The group of directors from which the chairperson is elected
	shall continue to alternate between the directors in positions 1,
	2, 3, 4, and 5, and the directors in positions 6 and 7.
	(c)  One director, who shall serve in director position 6,
	shall be appointed by the mayor of the City of Baytown, and one
	director, who shall serve in director position 7, shall be
	appointed by the city council of the City of Baytown.  The two
	directors shall serve staggered six (6) year terms with the term of
	the director in position 6 expiring May 1 of the odd-numbered year
	in which the terms of positions 1 and 3 expire and with the term of
	the director in position 7 expiring May 1 of the odd-numbered year
	in which the terms of positions 2 and 4 expire. Each director
	appointed to serve in position 6 or 7 shall serve a term of office of
	six (6) years, and until his or her successor is appointed and has
	qualified.  Appointments to fill an unexpired term in position 6
	shall be made by the mayor of the City of Baytown, and appointments
	to fill an unexpired term in position 7 shall be made by the city
	council of the City of Baytown. [At the time this Act takes effect,
	the following persons shall constitute the initial board of
	directors of the district and are hereby appointed for the terms
	prescribed by Subsection (d) of this section:
	[Director Position Name of Director
	[1 Jim Molnar
	[2 David Baker
	[3 Johnnie Jennings
	[4 Joseph S. Antoline
	[5 Gordon Christman]
	(d)  Directors serving in director positions 1, 2, 3, 4, and
	5 [Of the initial directors, the directors appointed for director
	positions 1 and 3 shall serve until May 1, 1999; the directors
	appointed for director positions 2 and 4 shall serve until May 1,
	2001; and the director appointed for director position 5 shall
	serve until May 1, 2003.
	[(e)  Each initial director and each subsequent director
	appointed] for either a full or partial term shall meet the
	following qualifications:
	(i)  be at least eighteen (18) years of age; and
	(ii)  be an owner of property in the district; or
	(iii)  be an owner of stock, whether beneficial or
	otherwise, of a corporate owner of property in the district; or
	(iv)  be an owner of a beneficial interest in a trust
	that owns property in the district; or
	(v)  be an agent, employee or tenant of a person
	described in the foregoing Subdivisions (ii), (iii), or (iv).
	(e)  Directors serving in director positions 6 and 7 shall
	meet the following qualifications:
	(1)  be at least 18 years of age; and
	(2)  be a resident of the City of Baytown.
	(f)  No person may be appointed as a director or continue to
	serve as a director unless they satisfy the [these] requirements
	prescribed by this section.  Each director shall qualify for office
	as provided in Subchapter D, Chapter 375, Local Government Code.
	(g) [(f)]  The board shall be governed by the terms and
	conditions set forth in Subchapter C, Chapter 63, Water Code, to the
	extent such provisions do not conflict with the provisions of this
	Act.
	(h) [(g)]  Directors shall be compensated in the manner
	provided by Section 63.098, Water Code.
	(i)  On September 1, 2007, the board is expanded from five
	members to seven members by adding director positions 6 and 7 as
	provided by Subsections (c) and (e) of this section. Regardless of
	the length of the term prescribed by Subsection (c), the initial
	term of the director serving in position 6 begins September 1, 2007,
	and expires May 1, 2011, and the initial term of the director
	serving in position 7 begins September 1, 2007, and expires May 1,
	2013.
	SECTION 4.  Section 6, Chapter 589, Acts of the 75th
	Legislature, Regular Session, 1997, is amended by adding
	Subsections (a-1) and (e) to read as follows:
	(a-1)  The district may:
	(1)  develop navigation and improve bayous, bays,
	creeks, and streams inside or adjacent to the district;
	(2)  construct and maintain harbors, basins, and
	waterways to permit or aid navigation; and
	(3)  purchase or otherwise acquire, establish,
	construct, own, maintain, operate, develop, and regulate wharves,
	piers, docks, fleeting areas, land, roadways, and other structures
	and facilities incident to or accommodating of commerce or
	navigation.
	(e)  The rights, powers, privileges, and authority conferred
	on the district by this Act do not supersede or diminish the rights,
	powers, privileges, and authority of the Port of Houston Authority
	of Harris County, Texas, the United States Army Corps of Engineers,
	or any state agency or other federal agency. The district may not
	exercise its powers inside the boundaries of another navigation
	district without that district's agreement.
	SECTION 5.  Chapter 589, Acts of the 75th Legislature,
	Regular Session, 1997, is amended by adding Section 6A to read as
	follows:
	Sec. 6A.  CONTRACT WITH ANOTHER DISTRICT.  The district may
	make a contract with another navigation district created under
	Section 52 of Article III or Section 59 of Article XVI, Texas
	Constitution, or both, for the performance of any service that is
	authorized to be provided by the districts.  Any payments due under
	the contract may be made from and secured by ad valorem taxes or
	other revenues of the districts or by a combination of revenues.  If
	the constitution of this state requires an election to permit the
	payment and security, an election shall be held substantially in
	accordance with the requirements of Subchapter F, Chapter 62, Water
	Code.
	SECTION 6.  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, 2007.