81R15429 T

By: Callegari H.B. No. 3785

A BILL TO BE ENTITLED

AN ACT

relating to the powers and duties of a navigation district or port authority.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 60, Water Code, is amended by adding Section 60.015 to read as follows:

Section 60.015 EMPLOYEE CATASTROPHIC ASSISTANCE FUND. (a) In this section:

(1) "Administrator" means the person designated by the governing board or executive director of a district to administer the district's employee catastrophic assistance fund.

(2) "Employee" means a district employee with 12 or more months of continuous employment with the district who is paid from the general fund of the district, from a special fund of the district, or from special grants paid through the district.

(b) The governing board or executive director of a district may establish a program within the district to allow an employee to voluntarily transfer sick leave time earned by the employee to a district employee catastrophic assistance fund.

(c) The governing board or executive director of a district may allow an employee to voluntarily transfer vacation leave time earned by the employee to a district employee catastrophic assistance fund.

(d) The governing board or executive director of a district may adopt rules and prescribe procedures and forms relating to the operation of the district employee catastrophic assistance fund.

(e) The governing board or executive director of a district shall designate a person to administer the district employee catastrophic assistance fund.

(f) The governing board or executive director of a district shall identify natural or man-made events classified as catastrophic for purposes of this section.

(g) To contribute to the district employee catastrophic assistance fund, an employee must submit an application to the administrator in the prescribed form.

(h) On approval by the administrator, in a fiscal year the employee may transfer to the district employee catastrophic assistance fund not less than one day of accrued sick leave time, or accrued vacation leave time, earned by the employee, nor more than five days of accrued sick leave time and accrued vacation leave time. The administrator shall credit the fund with an amount equivalent to the hourly salary of such employee multiplied by the amount of time contributed by the employee and shall deduct the same amount of time from the accrued sick leave time or accrued vacation leave time to which the employee is entitled, as if the employee had used the time for personal purposes.

(i) An employee who is terminated or who resigns or retires may donate not more than ten days of accrued sick leave time or accrued vacation leave time earned by the employee, to take effect immediately before the effective date of termination, resignation, or retirement.

(j) An employee may be eligible for a transfer of funds contributed to the district employee catastrophic assistance fund if, because of a catastrophic event, the employee has suffered unreimbursed losses or expenses.

(k) An eligible employee must apply to the administrator for a transfer of funds from the district employee catastrophic assistance fund. If the administrator determines that the employee is eligible, the administrator shall approve the transfer of funds from the pool to the employee.

(l) An eligible employee may not receive funds from the district employee catastrophic assistance fund in an amount that exceeds One thousand dollars ($1,000) for any catastrophic event. The administrator shall determine the exact amount of funds transferred to the eligible employee.

SECTION 2. Section 60.153, Water Code is amended to read as follows:

Sec. 60.153. EXECUTION OF CONTRACTS. A contract entered into by a district under this subchapter shall be approved by resolution of the commission, and executed by the presiding officer of the commission, the executive director of the district, or an authorized representative of the executive director[, and duly attested by the corporate seal of the district].

SECTION 3. Subsection (a), Section 60.4035, Water Code is amended to read as follows:

(a) Notwithstanding the competitive bidding requirements and proposal procedures of Subchapters N or O of this code, and the requirements of Section 60.408(a) through (e) [Sections 60.404 and 60.406], the executive director of a district [port commission] or an officer of a district [port commission] authorized in writing by the [executive director of] the port commission may make emergency purchases or contracts, or emergency amendments to existing purchase orders or contracts, in an amount [that exceeds $25,000 if necessary] valued at more than the amount authorized under Section 60.403(a) for routine purchases or contracts.

SECTION 4. Subsection (a), Section 60.404, Water Code is amended to read as follows:

(a) If the materials, supplies, machinery, equipment, or other items to be purchased or contracted for [exceed $25,000] are valued at more than the amount authorized under Section 60.403(a) for routine purchases or contracts, notice shall be published as provided by this section.

SECTION 5. Subsection (a), Section 60.406, Water Code is amended to read as follows:

(a) Except as otherwise provided in Sections 60.4035 or 60.412, before [Before] a district or port authority may purchase one or more items under a contract that will require an expenditure of more than [$25,000] the amount authorized under Section 60.403(a) for routine purchases or contracts, the port commission of that district or port authority must comply with the competitive bidding requirements or proposal procedures provided by Subchapters N or O [Sections 60.404 and 60.405] of this code. All bids must be sealed.

SECTION 6. Subsections (e) through (i), Section 60.408, Water Code are amended to read as follows:

(e) A contract valued at more than the amount authorized under Section 60.403(a) for routine purchases or contracts shall be awarded at a regularly scheduled or specially called meeting of the port commission.

(f) The contract valued at more than the amount authorized under Section 60.403(a) for routine purchases or contracts must be in writing, executed for the district or port authority by its executive or designated officer of the port commission, or an authorized designated employee of a port authority or district, and filed with the proper officer of the district or port authority.

(g) Before a contract valued at more than the amount authorized under Section 60.403(a) for routine purchases or contracts takes effect or is binding on a district or port authority, the appropriate financial officer of the district or port authority must certify that funds are or will be available to meet the contract when due.

(h) A contract, requisition or purchase order valued at more than the amount authorized under Section 60.403(a) for routine purchases or contracts must be issued in duplicate with one copy delivered to the contractor and one copy remaining on file with the district or port authority.

(i) A purchase or contract valued at more than the amount authorized under Section 60.403(a) for routine purchases or contracts that is not in compliance with this subchapter is void and unenforceable.

SECTION 7. Subsection (b), Section 60.411, Water Code is amended to read as follows:

(b) Not later than the 10th day after the date of the signing of a contract or issuance of a contract or purchase order [if required by a district or port authority] for public works, the bidder or proposal offerer shall furnish a performance bond to the district or port authority, if required by a district or port authority, for the full amount of the contract if the contract exceeds $50,000.

SECTION 8. Subsection (a), Section 60.412, Water Code is amended to read as follows:

(a) A contract for a purchase is exempt from the competitive bidding [provided by] requirements or proposal procedures of Subchapters N or O of this code, [Sections 60.404 and 60.405] if a contract is for the purchase of:

(1) an item that must be purchased in a case of public calamity if it is necessary to make the purchase promptly to relieve the necessity of the citizens or to preserve the property of the district or port authority;

(2) an item necessary to preserve or protect the public health or the safety of the residents of the district or port authority;

(3) an item made necessary by unforeseen damage to the property of the district or port authority;

(4) a personal or professional service;

(5) any work performed and paid for by the day as the work progresses;

(6) any land or right-of-way;

(7) an item that can be obtained only from one source, including:

(A) items for which competition is precluded because of the existence of patents, copyrights, secret processes, or natural monopolies;

(B) films, manuscripts, or books;

(C) public utility services; and

(D) captive replacement parts or components for equipment;

(8) any item necessary to secure a district or port authority during a period of heightened security as determined by:

(A) the federal Department of Homeland Security, including the Transportation Security Administration;

(B) the United States Coast Guard;

(C) the United States Bureau of Customs and Border Protection;

(D) the Federal Bureau of Investigation;

(E) the federal Department of Transportation, including the Maritime Administration; or

(F) another federal, state, or local agency; or

(9) an item from the United States, including any agency thereof, or from this state, including an agency of this state.

SECTION 9. Subsection (e), Section 60.463, Water Code is amended to read as follows:

(e) The district shall receive, publicly open, and read aloud the names of the offerors and, if any lump-sum prices are required to be stated, all such lump-sum prices stated in each proposal. Not later than the 45th day after the date of opening the proposals, the district shall evaluate and rank each proposal submitted in relation to the published selection criteria.

SECTION 10. 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, 2009.