80R13917 SGA-D
 
  By: Deshotel H.B. No. 3634
 
Substitute the following for H.B. No. 3634:
 
  By:  Krusee C.S.H.B. No. 3634
 
A BILL TO BE ENTITLED
AN ACT
relating to the name and powers of the Jefferson County Waterway and
Navigation District.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 1472, Acts of the 77th Legislature,
Regular Session, 2001, is amended by adding Section 1A to read as
follows:
       Sec. 1A.  NAME OF DISTRICT.  (a) The name of the Jefferson
County Waterway and Navigation District is changed to the
"Sabine-Neches Navigation District of Jefferson County, Texas."
       (b)  A reference in law to the Jefferson County Waterway and
Navigation District means the Sabine-Neches Navigation District of
Jefferson County, Texas.
       SECTION 2.  Section 2, Chapter 1472, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
       Sec. 2.  DEFINITIONS.  In this Act:
             (1)  "Commission" means the navigation and canal
commission of the district.
             (2)  "Commissioners court" means the Jefferson County
Commissioners Court.
             (3) [(2)]  "District" means the Sabine-Neches
Navigation District of Jefferson County, Texas [Waterway and
Navigation District].
       SECTION 3.  Chapter 1472, Acts of the 77th Legislature,
Regular Session, 2001, is amended by adding Section 6A to read as
follows:
       Sec. 6A.  SECURITY AND LAW ENFORCEMENT. (a)  The commission
may adopt, amend, repeal, and enforce an ordinance, rule, or police
regulation necessary to:
             (1)  protect, secure, and defend the ship channels and
waterways in the jurisdiction of the district and facilities served
by those ship channels and waterways;
             (2)  promote the health, safety, and general welfare of
any person using the ship channels and waterways in the
jurisdiction of the district; and
             (3)  comply with a federal law or regulation or
implement a directive or standard of the federal government,
including the United States Department of Homeland Security and the
United States Coast Guard, relating to securing ship channels and
waterways and facilities served by ship channels and waterways and
preventing terrorist attacks on ship channels, waterways,
associated maritime facilities, and other facilities served by ship
channels and waterways.
       (b)  In the enforcement of a district ordinance, rule, or
police regulation, a sheriff, constable, or other duly constituted
peace officer of this state or a peace officer employed or appointed
by the commission may make arrests, serve criminal warrants,
subpoenas, or writs, and perform any other service or duty that may
be performed by any sheriff, constable, or other duly constituted
peace officer of this state in enforcing other laws of this state.
       (c)  In adopting an ordinance, rule, or police regulation
under Subsection (a) of this section, the commission shall comply
with the procedures provided by Sections 60.074 and 60.075, Water
Code.
       (d)  The district may enter into an interlocal agreement with
this state or a county, municipality, or other political
subdivision of this state to jointly provide, and share the costs
of, security for the ship channels and waterways in the
jurisdiction of the district.
       (e)  To protect the public interest, the district may
contract with a qualified party, including the federal government
or Jefferson County, for the provision of law enforcement services
in all or part of the jurisdiction of the district for a fee. The
district may establish fees, charges, and tolls to offset the cost
of law enforcement services provided under a contract.
       (f)  To cover the costs incurred by the district in providing
security for the ship channels and waterways in the jurisdiction of
the district, the district may:
             (1)  except as provided by Subsection (g) of this
section, impose fees, charges, and tolls for the use of those
channels and waterways; or
             (2)  use other revenues or funds of the district.
       (g)  The district may not impose a fee, charge, or toll under
Subsection (f)(1) of this section on an oceangoing vessel docking
at a public dock of either of the following navigation districts
unless approved by the board of port commissioners of the
navigation district at which the vessel docks:
             (1)  the Port of Beaumont Navigation District of
Jefferson County, Texas; or
             (2)  the Port of Port Arthur Navigation District of
Jefferson County, Texas.
       SECTION 4.  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.