By: Janek S.B. No. 1798

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. Section 1(a), Chapter __, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows:

Sec. 1. CREATION. (a) A navigation district, to be known as the [Jefferson County Waterway and Navigation District] Sabine-Neches Navigation District of Jefferson County, Texas, is created in Jefferson County, subject to approval at a confirmation election under Section 10 of this Act. The district is a governmental agency and a body politic and corporate.

SECTION 2. Section 2, Chapter __, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows:

Sec. 2. DEFINITIONS. In this Act:

(1) "Commissioners court" means the Jefferson County Commissioners Court.

(2) "District" means the [Jefferson County Waterway and Navigation District] Sabine-Neches Navigation District of Jefferson County, Texas.

SECTION 3. Chapter __, Acts of the 77th Legislature, Regular Session, 2001, is amended by adding Section 6(c) as follows:

SECTION 6(c) AUTHORITY TO PROVIDE SECURITY AND LAW ENFORCEMENT FOR SHIP CHANNELS AND WATERWAYS.

(1) The commission of the District may pass, amend, repeal and enforce any ordinance rule, or police regulation which is not contrary to the constitution or laws of this state and the United States and which is necessary to:

(i) protect, secure and defend ship channels , waterways and facilities the waterway serves within its boundaries and outside but adjacent to its boundaries and extending into the Gulf of Mexico.

(ii) to promote the health, safety and general welfare of persons using the ship channels and waterways within its boundaries; and

(iii) to require compliance with the laws and regulations of and/or to implement the directives and standards of the United States government (including without limitation the Department of Homeland Security and the United States Coast Guard) relating to securing ship channels ,waterways and served facilities and preventing terrorist attacks on ship channels, waterways, maritime facilities associated therewith and facilities that the waterways serve.

(2) In the enforcement of any ordinance, rule or regulation of the District, any sheriff, constable, or other duly constituted peace officer of the State of Texas or any peace officer employed or appointed by the commission may make arrests, serve criminal warrants, subpoenas or writs, and perform any other service or duty which may be performed by any sheriff, constable, or other duly constituted peace officer of the State of Texas in enforcing other laws of this State.

(c) Any ordinance rule or police regulation adopted pursuant to subsection (a) shall be adopted in accordance with the procedures provided in Sections 60.074-60.075, Texas Water Code.

(d) The District may enter into one or more interlocal agreements with the State of Texas, one or more counties, municipalities and other political subdivisions of the State of Texas to jointly provide security for the ship channels and waterways within the District's boundaries and to share in the costs thereof. 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 district for a fee. The district may establish fees, charges, and tolls to offset the cost of any law enforcement services provided by any such qualified party.

(e) The District may fix proper fees, charges and tolls for the use of ship channels and waterways in its jurisdiction and any other revenues or funds of the District to provide security for the ship channels and waterways as provided herein.

SECTION 4. EFFECTIVE DATE. 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.