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A BILL TO BE ENTITLED
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AN ACT
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relating to contracts and purchases by certain navigation |
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districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 60.403(a), Water Code, is amended to |
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read as follows: |
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(a) A port commission, an authorized designated officer of |
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the port commission, the executive director of the district or the |
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port authority, or an authorized representative of the executive |
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director may make routine purchases or contracts in an amount not to |
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exceed $100,000 [$25,000]. |
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SECTION 2. Section 60.4035(a), Water Code, is amended to |
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read as follows: |
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(a) Notwithstanding Sections 60.404 and 60.406, the |
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executive director of a port commission or an officer of a port |
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commission authorized in writing by the executive director of the |
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port commission may make emergency purchases or contracts in an |
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amount that exceeds $100,000 [$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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SECTION 3. 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 exceed $100,000 |
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[$25,000], notice shall 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 the bid specifications |
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require the bidder to provide a certified check, cashier's check, |
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or bidders bond; 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 4. Section 60.406(a), Water Code, is amended to |
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read as follows: |
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(a) Before a district or port authority may purchase one or |
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more items under a contract that will require an expenditure of more |
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than $100,000 [$25,000], the port commission of that district or |
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port authority must comply with the competitive bidding |
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requirements or proposal procedures provided by Sections 60.404 and |
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60.405 of this code. All bids must be sealed. |
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SECTION 5. The change in law made by this Act applies only |
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to a purchase made or a contract entered into by a navigation |
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district on or after the effective date of this Act. A purchase |
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made or a contract entered into by a navigation district before the |
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effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |