By: Deshotel (Senate Sponsor - Williams) H.B. No. 3634
         (In the Senate - Received from the House April 30, 2007;
  May 2, 2007, read first time and referred to Committee on Natural
  Resources; May 11, 2007, reported favorably by the following vote:  
  Yeas 9, Nays 0; May 11, 2007, sent to printer.)
 
 
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.
 
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