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A BILL TO BE ENTITLED
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AN ACT
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relating to the management and control of certain port improvements |
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and facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.053, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsections (c) and (d) to |
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read as follows: |
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(b) A board may: |
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(1) manage, control, maintain, and operate each port |
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improvement or facility constituting a port or harbor of the |
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municipality; |
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(2) employ a general manager and any other officer, |
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employee, or representative the board considers appropriate; |
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(3) notwithstanding any law or charter provision to |
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the contrary: |
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(A) prepare and adopt a budget for the operation |
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of a port or harbor of the municipality; |
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(B) set charges for a service or facility; |
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(C) authorize an expenditure; and |
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(D) manage and control the income and revenue of |
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each port or harbor of the municipality; |
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(4) determine policies and adopt rules and procedures |
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for the operation of each port or harbor of the municipality; |
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(5) acquire property or an interest in property for |
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any purpose set forth in Section 54.003 in the manner provided by |
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this chapter and construct a port improvement or facility on the |
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property; |
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(6) contract in its own name, but not in the name of |
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the municipality; |
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(7) sue and be sued in its own name; |
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(8) adopt, use, and alter a corporate seal; |
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(9) establish a port security force, employ public |
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security officers licensed by the Commission on Law Enforcement |
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Officer Standards and Education, and commission employees of the |
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force as peace officers; |
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(10) own, establish, construct, improve, equip, |
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maintain, operate, regulate, protect, or police any transportation |
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facility and any necessary appurtenance to that facility; [and] |
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(11) construct, lease, improve, enlarge, extend, |
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repair, maintain, replace, develop, or operate a port improvement |
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or facility; |
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(12) exercise all powers of a municipality relating to |
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the creation of an economic development program under Chapter 380, |
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Local Government Code, for the purpose of making grants and loans; |
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and |
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(13) exercise any additional power granted by the |
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ordinance or charter. |
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(c) A board has the power to construct a port improvement or |
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facility on land acquired by purchase, lease, or otherwise, and a |
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board may convey by lease, sublease, or sale by installment or |
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otherwise, on the terms the board determines to be advantageous, |
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the land, interest in the land, or port improvement or facility. |
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(d) Each power provided by this section is a public and |
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governmental function, is exercised for a public purpose, and is a |
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matter of public necessity. |
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SECTION 2. Subsection (a), Section 54.054, Transportation |
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Code, is amended to read as follows: |
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(a) Except as otherwise provided by this chapter, the board |
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may award a contract involving the expenditure of more than $25,000 |
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[$15,000] only by competitive bidding. |
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SECTION 3. Subchapter B, Chapter 54, Transportation Code, |
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is amended by adding Section 54.056 to read as follows: |
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Sec. 54.056. BOARD ACT OR PROCEEDING PRESUMED VALID. |
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(a) A governmental act or proceeding of a board is conclusively |
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presumed, as of the date it occurred, to be valid and to have |
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occurred in accordance with all applicable law if: |
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(1) the third anniversary of the effective date of the |
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act or proceeding has expired; and |
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(2) a lawsuit to annul or invalidate the act or |
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proceeding has not been filed on or before that third anniversary. |
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(b) This section does not apply to: |
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(1) an act or proceeding that was void at the time it |
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occurred; |
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(2) an act or proceeding that, under a statute of this |
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state or the United States, was a misdemeanor or felony at the time |
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the act or proceeding occurred; or |
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(3) a matter that on the effective date of this |
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section: |
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(A) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final |
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judgment of a court; or |
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(B) has been held invalid by a final judgment of a |
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court. |
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SECTION 4. This Act takes effect September 1, 2007. |
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