Amend HB 2770 by adding the following appropriately numbered SECTIONS and renumbering subsequent SECTIONS accordingly:

SECTION ____.  Section 60.4035(a), Water Code, as amended by Chapters 415 (H.B. 1972) and 1191 (H.B. 3785), Acts of the 81st Legislature, Regular Session, 2009, is reenacted to read as follows:

(a)  Notwithstanding the competitive bidding requirements and proposal procedures of this subchapter and Subchapter O and the requirements of Sections 60.408(a), (b), (c), (d), and (e), the executive director of a district or an officer of a district authorized in writing by the port commission may make emergency purchases or contracts or emergency amendments to existing purchase orders or contracts in an amount that exceeds the amount authorized under Section 60.403(a) for routine purchases or contracts if necessary:

(1)  to preserve or protect the public health and safety of the residents of the district;

(2)  to preserve the property of the district in the case of a public calamity;

(3)  to repair unforeseen damage to the property of the district; or

(4)  to respond to security directives issued by:

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

(B)  the United States Coast Guard;

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

(D)  another federal or state agency responsible for domestic security.

SECTION ____.  Sections 60.404(a) and (d), Water Code, as amended by Chapters 415 (H.B. 1972) and 1191 (H.B. 3785), Acts of the 81st Legislature, Regular Session, 2009, are reenacted to read as follows:

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

(d)  The specifications must:

(1)  describe in detail the item to be acquired;

(2)  require that bids be sealed;

(3)  require the attachment to the bid of a certified check, cashier's check, or bidders bond, if security is required in connection with the bid; and

(4)  indicate whether a small business development program adopted by the port commission of the port authority or district applies to the purchase and, if so, where a copy of the program requirements may be obtained.

SECTION ____.  Section 60.406(a), Water Code, as amended by Chapters 415 (H.B. 1972) and 1191 (H.B. 3785), Acts of the 81st Legislature, Regular Session, 2009, is reenacted to read as follows:

(a)  Except as otherwise provided by Section 60.4035 or 60.412, before a district or port authority may purchase one or more items under a contract that will require an expenditure of more than 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 this subchapter or Subchapter O. All bids must be sealed.