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A BILL TO BE ENTITLED
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AN ACT
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relating to the name and powers of the Jefferson County Waterway and |
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Navigation District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1472, Acts of the 77th Legislature, |
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Regular Session, 2001, is amended by adding Section 1A to read as |
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follows: |
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Sec. 1A. NAME OF DISTRICT. (a) The name of the Jefferson |
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County Waterway and Navigation District is changed to the |
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"Sabine-Neches Navigation District of Jefferson County, Texas." |
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(b) A reference in law to the Jefferson County Waterway and |
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Navigation District means the Sabine-Neches Navigation District of |
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Jefferson County, Texas. |
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SECTION 2. Section 2, Chapter 1472, Acts of the 77th |
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Legislature, Regular Session, 2001, is amended to read as follows: |
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Sec. 2. DEFINITIONS. In this Act: |
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(1) "Commission" means the navigation and canal |
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commission of the district. |
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(2) "Commissioners court" means the Jefferson County |
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Commissioners Court. |
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(3) [(2)] "District" means the Sabine-Neches |
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Navigation District of Jefferson County, Texas [Waterway and
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Navigation District]. |
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SECTION 3. Chapter 1472, Acts of the 77th Legislature, |
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Regular Session, 2001, is amended by adding Section 6A to read as |
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follows: |
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Sec. 6A. SECURITY AND LAW ENFORCEMENT. (a) The commission |
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may adopt, amend, repeal, and enforce an ordinance, rule, or police |
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regulation necessary to: |
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(1) protect, secure, and defend the ship channels and |
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waterways in the jurisdiction of the district and facilities served |
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by those ship channels and waterways; |
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(2) promote the health, safety, and general welfare of |
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any person using the ship channels and waterways in the |
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jurisdiction of the district; and |
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(3) comply with a federal law or regulation or |
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implement a directive or standard of the federal government, |
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including the United States Department of Homeland Security and the |
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United States Coast Guard, relating to securing ship channels and |
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waterways and facilities served by ship channels and waterways and |
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preventing terrorist attacks on ship channels, waterways, |
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associated maritime facilities, and other facilities served by ship |
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channels and waterways. |
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(b) In the enforcement of a district ordinance, rule, or |
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police regulation, a sheriff, constable, or other duly constituted |
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peace officer of this state or a peace officer employed or appointed |
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by the commission may make arrests, serve criminal warrants, |
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subpoenas, or writs, and perform any other service or duty that may |
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be performed by any sheriff, constable, or other duly constituted |
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peace officer of this state in enforcing other laws of this state. |
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(c) In adopting an ordinance, rule, or police regulation |
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under Subsection (a) of this section, the commission shall comply |
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with the procedures provided by Sections 60.074 and 60.075, Water |
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Code. |
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(d) The district may enter into an interlocal agreement with |
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this state or a county, municipality, or other political |
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subdivision of this state to jointly provide, and share the costs |
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of, security for the ship channels and waterways in the |
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jurisdiction of the district. |
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(e) To protect the public interest, the district may |
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contract with a qualified party, including the federal government |
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or Jefferson County, for the provision of law enforcement services |
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in all or part of the jurisdiction of the district for a fee. The |
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district may establish fees, charges, and tolls to offset the cost |
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of law enforcement services provided under a contract. |
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(f) To cover the costs incurred by the district in providing |
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security for the ship channels and waterways in the jurisdiction of |
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the district, the district may: |
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(1) except as provided by Subsection (g) of this |
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section, impose fees, charges, and tolls for the use of those |
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channels and waterways; or |
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(2) use other revenues or funds of the district. |
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(g) The district may not impose a fee, charge, or toll under |
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Subsection (f)(1) of this section on an oceangoing vessel docking |
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at a public dock of either of the following navigation districts |
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unless approved by the board of port commissioners of the |
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navigation district at which the vessel docks: |
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(1) the Port of Beaumont Navigation District of |
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Jefferson County, Texas; or |
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(2) the Port of Port Arthur Navigation District of |
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Jefferson County, Texas. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |