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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of a navigation district or port |
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authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 60, Water Code, is amended by adding |
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Subchapter B-1 to read as follows: |
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SUBCHAPTER B-1. EMPLOYEE CATASTROPHIC ASSISTANCE PROGRAM |
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Sec. 60.021. DEFINITIONS. In this subchapter: |
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(1) "Administrator" means the person designated by the |
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commission or executive director of a district to administer the |
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district's employee catastrophic assistance fund. |
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(2) "Assistance fund" means an employee catastrophic |
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assistance fund established by a district under this subchapter. |
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(3) "Employee" means a district employee with 12 or |
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more months of continuous employment with the district who is paid |
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from the general fund of the district, from a special fund of the |
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district, or from special grants paid through the district. |
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Sec. 60.022. ESTABLISHMENT OF EMPLOYEE CATASTROPHIC |
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ASSISTANCE PROGRAM. (a) The commission or executive director of a |
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district may establish a program in the district to allow an |
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employee to voluntarily transfer time earned by the employee as |
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sick leave or vacation leave to a district employee catastrophic |
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assistance fund. |
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(b) The commission or executive director of a district shall |
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designate a person to administer the district assistance fund. |
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(c) The commission or executive director of a district shall |
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identify natural or man-made events classified as catastrophic for |
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purposes of this subchapter. |
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(d) The commission or executive director of a district may |
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adopt rules and prescribe procedures and forms relating to the |
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operation of the district assistance fund. |
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Sec. 60.023. EMPLOYEE CONTRIBUTION TO DISTRICT ASSISTANCE |
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FUND. (a) To contribute to the district assistance fund, an |
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employee must submit an application to the administrator in the |
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prescribed form. |
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(b) On approval by the administrator, in a fiscal year the |
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employee may contribute to the district assistance fund not less |
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than one day or more than 10 days of the employee's combined accrued |
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sick leave and vacation leave time. The administrator shall credit |
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the fund with a dollar amount equivalent to the hourly salary of the |
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employee multiplied by the number of hours contributed by the |
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employee and shall deduct the same number of hours from the accrued |
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sick leave or vacation leave time, as applicable, to which the |
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employee was entitled before the contribution as if the employee |
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had used the time for personal purposes. |
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(c) An employee who is terminated or who resigns or retires |
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may make a contribution of not more than 10 days of the combined |
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accrued sick leave or vacation leave time earned by the employee, to |
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take effect immediately before the effective date of the |
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termination, resignation, or retirement. |
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Sec. 60.024. TRANSFERS FROM DISTRICT ASSISTANCE FUND TO |
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EMPLOYEES. (a) An employee may be eligible for a transfer of money |
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from the district assistance fund if, because of a catastrophic |
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event, the employee has suffered unreimbursed losses or expenses. |
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(b) An eligible employee must apply to the administrator for |
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a transfer of money from the district assistance fund. If the |
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administrator determines that the employee is eligible, the |
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administrator shall approve the transfer of money from the fund to |
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the employee. |
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(c) An eligible employee may not receive from the district |
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assistance fund more than $5,000 for any catastrophic event. The |
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administrator shall determine the amount of money that is |
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transferred to the eligible employee. |
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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 and[,] executed by the presiding |
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officer of the commission, the executive director of the district, |
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or an authorized representative of the executive director[, and
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duly attested by the corporate seal of the district]. |
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SECTION 3. Section 60.4035, Water Code, is amended to read |
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as follows: |
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Sec. 60.4035. CONTRACTS: EMERGENCY PURCHASES. (a) |
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Notwithstanding the competitive bidding requirements and proposal |
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procedures of this subchapter and Subchapter O and the requirements |
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of Sections 60.408(a), (b), (c), (d), and (e) [Sections 60.404 and
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60.406], the executive director of a district [port commission] or |
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an officer of a district [port commission] authorized in writing by |
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the [executive director of the] port commission may make emergency |
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purchases or contracts or emergency amendments to existing purchase |
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orders or contracts in an amount that exceeds the amount authorized |
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under Section 60.403(a) for routine purchases or contracts |
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[$25,000] if necessary: |
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(1) to preserve or protect the public health and |
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safety of the residents of the district; |
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(2) to preserve the property of the district in the |
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case of a public calamity; |
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(3) to repair unforeseen damage to the property of the |
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district; or |
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(4) to respond to security directives issued by: |
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(A) the federal Department of Homeland Security, |
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including the Transportation Security Administration; |
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(B) the United States Coast Guard; |
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(C) the federal Department of Transportation, |
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including the Maritime Administration; or |
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(D) another federal or state agency responsible |
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for domestic security. |
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(b) The executive director of a district [port commission] |
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or the authorized officer of the district [port commission] shall |
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notify the port commissioners of any purchase made under Subsection |
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(a) not later than 48 hours after the purchase is made. |
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SECTION 4. Sections 60.404(a) and (d), Water Code, are |
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amended to read as follows: |
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(a) If the materials, supplies, machinery, equipment, or |
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other items to be purchased or contracted for are valued at an |
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amount greater than the amount authorized under Section 60.403(a) |
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for routine purchases or contracts [exceed $25,000], notice shall |
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be published as provided by this section. |
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(d) The specifications must: |
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(1) describe in detail the item to be acquired; |
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(2) require that bids be sealed; |
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(3) require the attachment to the bid of a certified |
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check, cashier's check, or bidders bond, if security is required in |
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connection with the bid; and |
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(4) indicate whether a small business development |
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program adopted by the port commission of the port authority or |
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district applies to the purchase and, if so, where a copy of the |
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program requirements may be obtained. |
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SECTION 5. Section 60.406, Water Code, is amended to read as |
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follows: |
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Sec. 60.406. COMPETITIVE BIDDING AND PROPOSAL PROCEDURES |
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REQUIRED FOR CERTAIN CONTRACTS. (a) Except as otherwise provided |
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by Section 60.4035 or 60.412, before [Before] a district or port |
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authority may purchase one or more items under a contract that will |
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require an expenditure of more than the amount authorized under |
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Section 60.403(a) for routine purchases or contracts [$25,000], the |
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port commission of that district or port authority must comply with |
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the competitive bidding requirements or proposal procedures |
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provided by this subchapter or Subchapter O [Sections 60.404 and
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60.405 of this code]. All bids must be sealed. |
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(b) The competitive bidding and proposal requirements |
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provided by this subchapter and Subchapter O [Sections 60.404 and
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60.405 of this code] apply only to contracts for which payment will |
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be made from current funds or bond funds. |
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(c) In applying the competitive bidding procedures and |
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proposal procedures, all separate, sequential, or component |
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purchases of items ordered or purchased from the same supplier by |
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the same officer, entity, or department, purchased with the intent |
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of avoiding the requirements of this subchapter or Subchapter O |
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[Section 60.404 or 60.405 of this code], shall be treated as if they |
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are part of a single purchase and a single contract. |
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SECTION 6. Sections 60.408(e), (f), (g), (h), and (i), |
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Water Code, are amended to read as follows: |
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(e) A contract valued at more than the amount authorized |
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under Section 60.403(a) for routine purchases or contracts shall be |
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awarded at a regularly scheduled or specially called meeting of the |
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port commission. |
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(f) A [The] contract valued at more than the amount |
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authorized under Section 60.403(a) for routine purchases or |
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contracts must be in writing, executed for the district or port |
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authority by the district's or port authority's [its] executive or |
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designated officer or by an authorized designated employee of the |
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district or port authority, and filed with the proper officer of the |
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district or port authority. |
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(g) Before a contract valued at more than the amount |
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authorized under Section 60.403(a) for routine purchases or |
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contracts takes effect or is binding on a district or port |
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authority, the appropriate financial officer of the district or |
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port authority must certify that funds are or will be available to |
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meet the contract when due. |
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(h) A contract, requisition, or purchase order valued at |
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more than the amount authorized under Section 60.403(a) for routine |
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purchases or contracts must be issued in duplicate with one copy |
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delivered to the contractor and one copy remaining on file with the |
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district or port authority. |
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(i) A purchase or contract valued at more than the amount |
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authorized under Section 60.403(a) for routine purchases or |
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contracts that is not in compliance with this subchapter is void and |
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unenforceable. |
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SECTION 7. Section 60.411(b), Water Code, is amended to |
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read as follows: |
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(b) Not later than the 10th day after the date of the signing |
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of a contract or issuance of a contract or purchase order [if
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required by a district or port authority], the bidder or proposal |
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offerer shall furnish a performance bond to the district or port |
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authority, if required by a district or port authority, for the full |
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amount of the contract if the contract exceeds $50,000. |
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SECTION 8. Section 60.412(a), Water Code, is amended to |
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read as follows: |
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(a) A contract for a purchase is exempt from the competitive |
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bidding requirements and proposal procedures of this subchapter and |
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Subchapter O [Sections 60.404 and 60.405] if a contract is for the |
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purchase of: |
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(1) an item that must be purchased in a case of public |
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calamity if it is necessary to make the purchase promptly to relieve |
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the necessity of the citizens or to preserve the property of the |
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district or port authority; |
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(2) an item necessary to preserve or protect the |
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public health or the safety of the residents of the district or port |
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authority; |
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(3) an item made necessary by unforeseen damage to the |
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property of the district or port authority; |
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(4) a personal or professional service; |
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(5) any work performed and paid for by the day as the |
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work progresses; |
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(6) any land or right-of-way; |
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(7) an item that can be obtained only from one source, |
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including: |
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(A) items for which competition is precluded |
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because of the existence of patents, copyrights, secret processes, |
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or natural monopolies; |
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(B) films, manuscripts, or books; |
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(C) public utility services; and |
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(D) captive replacement parts or components for |
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equipment; |
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(8) any item necessary to secure a district or port |
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authority during a period of heightened security as determined by: |
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(A) the federal Department of Homeland Security, |
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including the Transportation Security Administration; |
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(B) the United States Coast Guard; |
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(C) the United States Bureau of Customs and |
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Border Protection; |
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(D) the Federal Bureau of Investigation; |
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(E) the federal Department of Transportation, |
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including the Maritime Administration; or |
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(F) another federal, state, or local agency; or |
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(9) an item from the United States, including any |
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agency thereof, or from this state, including an agency of this |
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state. |
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SECTION 9. Section 60.463(e), Water Code, is amended to |
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read as follows: |
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(e) The district shall receive, publicly open, and read |
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aloud the names of the offerors and, if any lump-sum prices are |
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required to be stated, all such lump-sum prices stated in each |
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proposal. Not later than the 45th day after the date of opening the |
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proposals, the district shall evaluate and rank each proposal |
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submitted in relation to the published selection criteria. |
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SECTION 10. Section 60.012, Water Code, is repealed. |
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SECTION 11. The changes in law made by this Act affecting |
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contracts, purchases, or amendments to existing purchase orders or |
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contracts made by a navigation district or port authority under |
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Subchapter N or O, Chapter 60, Water Code, apply only to a contract, |
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purchase, or amendment made on or after the effective date of this |
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Act. A contract, purchase, or amendment made before the effective |
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date of this Act is governed by the law in effect on the date the |
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contract, purchase, or amendment was made, and that law is |
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continued in effect for that purpose. |
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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, 2009. |