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A BILL TO BE ENTITLED
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AN ACT
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relating to disposing of salvage personal property and purchasing |
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by navigation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 60.120(b), Water Code, is amended to |
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read as follows: |
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(b) Any contract, lease, or agreement entered into under |
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Subsection (a) of this section shall be approved by resolution of |
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the commission and shall be executed by the chairman, the executive |
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director of the district, or an authorized representative of the |
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executive director [and attested by the secretary of the
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commission]. |
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SECTION 2. Section 60.153, Water Code, is amended to read as |
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follows: |
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Sec. 60.153. EXECUTION OF CONTRACTS. A contract entered |
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into by a district under this subchapter shall be approved by |
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resolution of the commission, executed by the presiding officer of |
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the commission, the executive director of the district, or an |
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authorized representative of the executive director, and duly |
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attested by the corporate seal of the district. |
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SECTION 3. Sections 60.403(a) and (b), Water Code, are |
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amended to read as follows: |
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(a) A port commission, authorized designated officer of the |
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port commission, the executive director of the district or the port |
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authority, or an authorized representative of the executive |
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director [or authorized designated employee of a port authority or
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district] may make routine purchases or contracts in an amount not |
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to exceed $25,000. |
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(b) Before a purchase is made, a purchase order or other |
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form of precommitment approval must be signed by the executive |
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director of the district or the port authority or an authorized |
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representative of the executive director [the authorized
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designated officer]. For routine contracts or purchases, the |
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precommitment approval may be in the form of a list of approved |
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routine purchases or contracts signed by the executive director. |
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The signed list shall remain on file in the offices of the district |
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or port authority. |
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SECTION 4. Section 60.410(b), Water Code, is amended to |
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read as follows: |
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(b) If a change order involves an increase or decrease in |
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cost [of $15,000 or] less than or equal to the amount authorized in |
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Section 60.403(a) for routine purchases or contracts, a port |
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commission may grant general authority to an employee to approve |
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the change order. However, the original contract price may not be |
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increased by more than 25 percent or decreased by 18 percent or more |
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without the consent of the contractor. |
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SECTION 5. Section 60.4125(a), Water Code, is amended to |
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read as follows: |
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(a) Notwithstanding the other provisions of this subchapter |
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or any other law, a district or port authority may make a purchase |
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or enter into a contract valued at [$25,000 or] more than the amount |
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authorized in Section 60.403(a) for routine purchases or contracts |
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by any method available to a school district, including all |
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procedures and limitations, under Subchapter B, Chapter 44, |
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Education Code, that, in the opinion of the port commission, |
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provides the best value to the district or port authority. |
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SECTION 6. Section 60.454, Water Code, is amended to read as |
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follows: |
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Sec. 60.454. PURCHASING CONTRACT METHODS. Notwithstanding |
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any other provision of this chapter or other law, a district |
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contract valued at [$25,000 or] more than the amount authorized in |
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Section 60.403(a) for routine purchases or contracts in the |
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aggregate for each 12-month period may be made by the method below |
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that, in the opinion of the district's commission, provides the |
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best value for the district: |
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(1) a design-build contract to construct, |
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rehabilitate, alter, or repair facilities; |
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(2) a contract to construct, rehabilitate, alter, or |
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repair facilities that involves using a construction manager-agent |
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or construction manager-at-risk; |
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(3) competitive sealed proposals for construction, |
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repair, rehabilitation, or alteration of a facility, and |
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nonconstruction items; |
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(4) a job order contract for the construction, repair, |
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rehabilitation, or alteration of a facility; |
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(5) a request for proposals, if the contract is for |
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items [services] other than construction services; |
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(6) competitive sealed bids; |
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(7) a catalog purchase as provided by Subchapter B, |
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Chapter 2157, Government Code; |
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(8) an interlocal contract as provided by Chapter 791, |
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Government Code; |
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(9) the reverse auction procedure as defined by |
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Section 2155.062(d), Government Code; |
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(10) a contract with the United States, including any |
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agency thereof; or |
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(11) a contract with this state, including an agency |
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of this state. |
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SECTION 7. Section 60.463(d), Water Code, is amended to |
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read as follows: |
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(d) The district shall prepare a request for competitive |
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sealed proposals that includes construction documents, selection |
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criteria, [estimated budget,] project scope, schedule, and other |
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information that contractors may require to respond to the request. |
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The district shall state in the request for proposals the selection |
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criteria that will be used in selecting the successful offeror. |
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SECTION 8. Section 62.113, Water Code, is amended to read as |
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follows: |
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Sec. 62.113. FORM OF CONTRACTS. All contracts made by the |
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commission shall be in writing and signed by the contractors and at |
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least two of the commissioners, the executive director of the |
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district, or an authorized representative of the executive |
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director. [A copy of the contract shall be filed with the county
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clerk.] |
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SECTION 9. Subchapter D, Chapter 62, Water Code, is amended |
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by adding Section 62.122 to read as follows: |
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Sec. 62.122. DISPOSITION OF SALVAGE OR SURPLUS PERSONAL |
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PROPERTY. The commission may periodically dispose of surplus or |
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salvage personal property in the same manner as the commissioners |
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court of a county under Subchapter D, Chapter 263, Local Government |
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Code. |
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SECTION 10. Section 63.172, Water Code, is amended to read |
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as follows: |
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Sec. 63.172. FORMAL REQUIREMENTS OF CONTRACT. [(a)] A |
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contract entered into by the district shall be in writing and signed |
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by the contractors and the commissioners, [or] any two of the |
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commissioners, the executive director of the district, or an |
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authorized representative of the executive director. |
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[(b) A copy of the contract shall be filed with the county
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clerk for reference.] |
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SECTION 11. (a) Except as provided by Subsection (b) of |
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this section, the changes in law made by this Act related to |
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contracts and purchases made by a navigation district or port |
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authority apply only to a contract entered into or purchase made on |
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or after the effective date of this Act. A contract entered into or |
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purchase made before the effective date of this Act is governed by |
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the law in effect on the date the contract was entered into or the |
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purchase was made, and that law is continued in effect for that |
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purpose. |
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(b) Sections 60.410 and 60.454, Water Code, as amended by |
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this Act, apply to a contract entered into before, on, or after the |
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effective date of this Act. A contract entered into by a navigation |
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district or port authority under one of those sections before the |
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effective date of this Act is validated in all respects as if the |
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contract were entered into as authorized by law. |
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SECTION 12. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2007. |