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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 navigation districts, port |
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authorities, and certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 551, Government Code, is |
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amended by adding Section 551.090 to read as follows: |
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Sec. 551.090. DELIBERATION REGARDING CERTAIN NEGOTIATIONS |
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AND PROPOSED CHANGES TO FACILITIES OR SERVICES; CLOSED MEETING. |
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This chapter does not require a navigation district, port |
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authority, or board of trustees under Chapter 54, Transportation |
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Code, to conduct an open meeting to deliberate about information |
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relating to: |
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(1) a bid, proposal, or contract for goods or services |
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under negotiation, if disclosure of the information would have a |
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detrimental effect on the position of the navigation district, port |
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authority, or board of trustees under Chapter 54, Transportation |
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Code, in negotiations with a third person; or |
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(2) proposed changes to facilities or services of the |
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navigation district, port authority, or board of trustees under |
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Chapter 54, Transportation Code. |
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SECTION 2. Sections 271.181(2) and (6), Local Government |
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Code, are amended to read as follows: |
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(2) "Civil works project" means: |
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(A) roads, streets, bridges, utilities, water |
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supply projects, water plants, wastewater plants, water |
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distribution and wastewater conveyance facilities, desalination |
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projects, wharves, docks, navigation channels, dredge material |
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placement areas, airport runways and taxiways, storm drainage and |
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flood control projects, or transit projects; |
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(B) types of projects or facilities related to |
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those described by Paragraph (A) and associated with civil |
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engineering construction; and |
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(C) buildings or structures that are incidental |
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to projects or facilities that are described by Paragraphs (A) and |
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(B) and that are primarily civil engineering construction projects. |
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(6) "Local governmental entity" means a municipality, |
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a county, a river authority, a defense base development authority |
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established under Chapter 379B, a board of trustees under Chapter |
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54, Transportation Code, a municipally owned water utility with a |
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separate governing board appointed by the governing body of a |
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municipality, or any other special district or authority authorized |
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by law to enter into a public works contract for a civil works |
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project. The term does not include a regional tollway authority |
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created under Chapter 366, Transportation Code, a regional mobility |
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authority created under Chapter 370, Transportation Code, or a |
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water district or authority created under Section 52, Article III, |
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or Section 59, Article XVI, Texas Constitution, with a population |
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of less than 50,000. |
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SECTION 3. Section 271.182, Local Government Code, as |
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amended by Chapters 135 (S.B. 1047) and 725 (S.B. 229), Acts of the |
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81st Legislature, Regular Session, 2009, is reenacted and amended |
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to read as follows: |
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Sec. 271.182. APPLICABILITY. (a) This subchapter applies |
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to: |
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(1) a local governmental entity with a population of |
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more than 100,000 within its geographic boundaries or service area; |
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(2) a board of trustees under Chapter 54, |
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Transportation Code; and |
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(3) [. (c) This subchapter applies to] a municipally |
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owned combined electric, water, and wastewater utility situated in |
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an economically distressed area and located within 30 miles of the |
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Lower Texas Gulf Coast. |
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(b) For purposes of Subsection (a), [For this subchapter,] |
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"combined" means that the utilities are managed and controlled by |
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one board whose members are appointed by the governing body of the |
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municipality and that the financing of capital improvements is |
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secured from the revenue [revenues] of all three utilities. |
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SECTION 4. Sections 271.186(a) and (b), Local Government |
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Code, are amended to read as follows: |
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(a) During the first four years that this subchapter applies |
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to a local governmental entity under Section 271.182: |
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(1) a local governmental entity with a population of |
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500,000 or more may, under this subchapter, enter into contracts |
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for not more than three projects in any fiscal year; |
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(2) a local governmental entity with a population of |
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100,000 or more but less than 500,000 or a board of trustees under |
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Chapter 54, Transportation Code, may, under this subchapter, enter |
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into contracts for not more than two projects in any fiscal year; |
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and |
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(3) a municipally owned water utility with a separate |
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governing board appointed by the governing body of a municipality |
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with a population of 500,000 or more may: |
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(A) independently enter into a contract for not |
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more than one civil works project in any fiscal year; and |
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(B) enter into contracts for additional civil |
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works projects in any fiscal year, but not more than the number of |
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civil works projects prescribed by the limit in Subdivision (1) for |
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the municipality, provided that: |
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(i) the additional contracts for the civil |
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works projects entered into by the utility under this paragraph are |
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allocated to the number of contracts the municipality that appoints |
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the utility's governing board may enter under Subdivision (1); and |
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(ii) the governing body of the municipality |
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must approve the contracts. |
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(b) After the period described by Subsection (a): |
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(1) a local governmental entity with a population of |
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500,000 or more may, under this subchapter, enter into contracts |
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for not more than six projects in any fiscal year; |
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(2) a local governmental entity with a population of |
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100,000 or more but less than 500,000 or a board of trustees under |
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Chapter 54, Transportation Code, may, under this subchapter, enter |
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into contracts for not more than four projects in any fiscal year; |
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and |
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(3) a municipally owned water utility with a separate |
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governing board appointed by the governing body of a municipality |
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with a population of 500,000 or more may: |
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(A) independently enter into contracts for not |
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more than two civil works projects in any fiscal year; and |
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(B) enter into contracts for additional civil |
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works projects in any fiscal year, but not more than the number of |
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civil works projects prescribed by the limit in Subdivision (1) for |
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the municipality, provided that: |
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(i) the additional contracts for the civil |
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works projects entered into by the utility under this paragraph are |
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allocated to the number of contracts the municipality that appoints |
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the utility's governing board may enter under Subdivision (1); and |
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(ii) the governing body of the municipality |
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must approve the contracts. |
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SECTION 5. Section 60.031, Water Code, is amended to read as |
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follows: |
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Sec. 60.031. APPLICATION OF SUBCHAPTER. (a) The |
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provisions of this subchapter shall apply to: |
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(1) any district not participating with the United |
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States in a navigation project; or |
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(2) a district participating with the United States in |
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a navigation project if the commission by resolution adopts: |
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(A) this subchapter; or |
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(B) sections of this subchapter under which the |
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district will operate. |
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(b) For the purposes of Subsection (a)(2), a district that |
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contracts with the United States for a navigation project under |
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Subchapter F is considered to be participating with the United |
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States in a navigation project while the contract is in effect. |
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SECTION 6. Section 60.038(b), Water Code, is amended to |
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read as follows: |
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(b) Before a district may sell land, the commission shall |
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determine by resolution that the land is no longer [Land which is
|
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sold or leased shall be declared surplus land and shall not be] |
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needed for use by the district in connection with the development of |
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a navigation project. |
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SECTION 7. Section 60.039, Water Code, is amended to read as |
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follows: |
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Sec. 60.039. SURFACE LEASE [FOR NOT MORE THAN 30 YEARS]. |
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(a) The commission may lease the surface of land for not more than |
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30 years by the entry of an order on the minutes of the commission |
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and the execution of a lease in the manner provided by the original |
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order. The lease may not be extended beyond the 30-year period by |
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renewal, extension, or otherwise. |
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(b) The commission or the executive director of the |
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district, or a person authorized by the commission or the executive |
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director, may enter into a lease for a monthly tenancy or a tenancy |
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from month to month. The lease term may only exceed one year if: |
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(1) the commission enters an order on the minutes; and |
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(2) the execution of the lease is in the manner |
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provided by the original order for the lease. |
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SECTION 8. Subchapter D, Chapter 60, Water Code, is amended |
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by adding Section 60.0725 to read as follows: |
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Sec. 60.0725. NUISANCES; POLLUTION. The commission may |
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suppress and prevent nuisances, pollution, and improper disposal of |
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materials on any district property to: |
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(1) accomplish the purposes stated in Section 60.071; |
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(2) protect other district property; or |
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(3) promote the health, safety, and general welfare of |
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persons using other district property. |
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SECTION 9. Section 60.101, Water Code, is amended by |
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amending Subsection (b) and adding Subsections (c) and (d) to read |
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as follows: |
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(b) To the extent that the district incurs indebtedness, |
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[(]bonded or otherwise,[)] for purposes of financing the above |
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facilities which in turn are sold by installment sale or otherwise, |
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the [said] indebtedness, principal and interest, may be paid only |
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from the loan [(]or bond sale[)] proceeds and from revenues |
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generated from the project financed by the indebtedness, and |
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security for payment of the principal of and interest on [said] |
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indebtedness shall be limited to a pledge of the project's revenues |
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and the project's facilities including enlargements and additions |
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[thereafter made]. |
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(c) An installment sale under this section is not a loan of |
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the district's credit or a grant of public money. |
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(d) A district may contract with a broker to sell a tract of |
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land in the same manner as the commissioners court of a county under |
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Section 263.008, Local Government Code. |
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SECTION 10. Section 60.120(a), Water Code, is amended to |
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read as follows: |
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(a) A district acting under [the provisions of] this |
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subchapter may enter into any contract, lease, or agreement |
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necessary or convenient to carry out any of the powers granted in |
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this subchapter, including a contract for purchase, lease for |
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purchase, or other agreement for the use or acquisition of real |
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property, or improvements to real property or the use or |
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acquisition of personal property. The contract, lease, or |
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agreement may be entered into with any person and any government or |
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governmental agency including the United States, [and] the State of |
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Texas, and a public facility corporation organized under Chapter |
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303, Local Government Code. |
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SECTION 11. Subchapter E, Chapter 60, Water Code, is |
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amended by adding Sections 60.1201, 60.1202, and 60.1203 to read as |
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follows: |
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Sec. 60.1201. METHOD FOR CONTRACTS TO CONSTRUCT OR ACQUIRE |
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PROPERTY. The district may use any method provided by Section |
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60.454 for a contract under this subchapter related to construction |
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or the acquisition of real property and related personal property, |
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if the commission determines the method provides the best value for |
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the district. |
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Sec. 60.1202. CERTAIN CONTRACT PROCEDURES; ELECTION. (a) |
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A contract may provide that a district will make payment under the |
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contract from proceeds from the sale of bonds or notes, from taxes, |
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or from any other district income, including revenue borrowed or |
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pledged under Section 60.171, or any combination of these. |
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(b) A district may make payments under a contract from taxes |
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other than maintenance taxes, after the provisions of the contract |
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have been approved by a majority of the electors voting at an |
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election held for that purpose. |
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(c) A contract election may be held alone or at the same time |
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and in conjunction with an election to authorize bonds. |
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(d) The procedure for calling the election, giving notice, |
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conducting the election, and canvassing the returns is the same as |
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the procedure for a bond election. If the contract is approved at |
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the election, it is an obligation against the taxing power of the |
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district to the extent provided in the contract. |
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Sec. 60.1203. ATTORNEY GENERAL APPROVAL FOR CONTRACTS |
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SECURED BY TAXES. (a) The district shall submit to the attorney |
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general for approval any contract, lease, or agreement secured by |
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tax revenue other than revenue from maintenance taxes. |
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(b) If the attorney general finds that the contract, lease, |
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or agreement has been entered into in accordance with the law, the |
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attorney general shall approve the contract, lease, or agreement |
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and the comptroller shall register it. |
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(c) When the contract, lease, or agreement has been approved |
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by the attorney general and registered by the comptroller, it is |
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incontestable except for forgery or fraud. |
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SECTION 12. Subchapter E, Chapter 60, Water Code, is |
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amended by adding Section 60.124 to read as follows: |
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Sec. 60.124. GIFTS, GRANTS, AND DONATIONS. A district may |
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accept a gift, grant, donation, or bequest of money or property from |
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any source for any district purpose. |
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SECTION 13. Section 60.271(f), Water Code, is amended to |
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read as follows: |
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(f) The district shall adopt payment procedures consistent |
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with Section 105.074(g), Local Government Code. The designated |
|
officer of a district may draw a check on a depository only on a |
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warrant signed by the presiding officer [chairman] and attested by |
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the secretary of the district, or by a procedure adopted under this |
|
section. |
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SECTION 14. Section 60.403, Water Code, is amended by |
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amending Subsection (c) and adding Subsection (e) to read as |
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follows: |
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(c) One original, photocopy, or electronic copy of the |
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purchase order shall be [A purchase order must be executed in
|
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duplicate with one copy] delivered to the person from whom the |
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purchase is made and one original, photocopy, or electronic copy |
|
shall be retained [remaining] on file in the district or port |
|
authority in accordance with Subtitle C, Title 6, Local Government |
|
Code. |
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(e) A district may establish an electronic requisition |
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system to perform some or all of the functions required by |
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Subsections (b), (c), and (d). An electronic requisition system |
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established under this subsection must electronically transmit |
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data to and receive data from the financial system of the district |
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in a manner that meets professional, regulatory, and statutory |
|
requirements and standards, including those relating to |
|
purchasing, auditing, and accounting. |
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SECTION 15. Section 60.408(h), Water Code, is amended to |
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read as follows: |
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(h) One original, photocopy, or electronic copy of a [A] |
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contract, requisition, or purchase order valued at more than the |
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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 original, photocopy, or electronic copy |
|
shall be retained [remaining] on file with the district or port |
|
authority in accordance with Subtitle C, Title 6, Local Government |
|
Code. |
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SECTION 16. Chapter 60, Water Code, is amended by adding |
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Subchapter R to read as follows: |
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SUBCHAPTER R. CHARITABLE CONTRIBUTIONS |
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Sec. 60.551. DEFINITIONS. In this subchapter: |
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(1) "Charitable organization" means an organization |
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that: |
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(A) is organized for charitable purposes under |
|
Chapter 22, Business Organizations Code, or holds a certificate of |
|
authority issued under that chapter; |
|
(B) is exempt from taxation under Section 501(a) |
|
of the Internal Revenue Code of 1986 as an organization described in |
|
Section 501(c)(3) of that code and to which contributions are |
|
deductible for income tax purposes under Section 170 of that code; |
|
(C) complies with all applicable federal |
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nondiscrimination law, including Chapter 21, Title 42, United |
|
States Code; |
|
(D) complies with all state statutes and rules |
|
relating to charitable organizations; |
|
(E) is not a private foundation; and |
|
(F) provides funds or programs for eligible |
|
services that directly or indirectly benefit the recipients. |
|
(2) "District employee charitable campaign" means a |
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campaign conducted in communities or areas in which district |
|
employees solicit contributions to an eligible charitable |
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organization. |
|
(3) "Eligible charitable organization" means a |
|
charitable organization eligible to participate in the district |
|
employee charitable campaign as provided by Section 60.561. |
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(4) "Eligible services" means services provided by a |
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charitable organization that: |
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(A) benefit residents of this state, including |
|
children, youth, adults, elderly individuals, ill or infirm |
|
individuals, or individuals with a mental or physical disability, |
|
and consist of: |
|
(i) human care, medical or other research |
|
in the field of human health, education, social adjustment, or |
|
rehabilitation; |
|
(ii) relief for victims of natural disaster |
|
or other emergencies; or |
|
(iii) assistance to impoverished |
|
individuals in need of food, shelter, clothing, or other basic |
|
needs; or |
|
(B) benefit this state, and consist of activities |
|
to: |
|
(i) safeguard public health and the |
|
environment; or |
|
(ii) help solve environmental problems. |
|
(5) "Federation or fund" means a fund-raising entity |
|
that: |
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(A) is a charitable organization; |
|
(B) acts as an agent for at least five charitable |
|
organizations; |
|
(C) is not organized exclusively to solicit |
|
contributions from district employees; and |
|
(D) is supported by voluntary contributions by |
|
the public and is: |
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(i) incorporated in this state and has an |
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established physical presence in this state in the form of an office |
|
or service facility that is staffed at least 20 hours a week; or |
|
(ii) incorporated outside this state, |
|
includes at least 10 affiliated charitable organizations, and has |
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existed at least three years. |
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Sec. 60.552. AUTHORIZATION OF CAMPAIGN. (a) The |
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commission or the executive director of a district may establish a |
|
program in the district to allow district employees to participate |
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in a charitable campaign as provided by this subchapter. |
|
(b) The commission or executive director of a district may |
|
adopt rules relating to the operation of a district employee |
|
charitable campaign as described in this subchapter. |
|
Sec. 60.553. DEDUCTION AUTHORIZED. (a) A district |
|
employee may authorize a deduction each pay period from the |
|
employee's salary or wage payment for a charitable contribution as |
|
provided by this subchapter. |
|
(b) An authorization must direct the district to distribute |
|
the deducted funds to a participating federation or fund. |
|
(c) A deduction under this subchapter must be in the form |
|
prescribed by the district. |
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Sec. 60.554. VOLUNTARY PARTICIPATION. (a) Participation |
|
by a district employee in a state employee charitable campaign is |
|
voluntary. The district shall inform district employees that |
|
deductions are voluntary. |
|
(b) The district shall adopt rules establishing a process |
|
for hearing employee complaints regarding coercive activity in a |
|
district employee charitable campaign. |
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Sec. 60.555. DESIGNATION OF AN ELIGIBLE CHARITABLE |
|
ORGANIZATION. (a) A district employee may designate in the |
|
authorization an eligible charitable organization to receive the |
|
deductions. |
|
(b) If a district employee does not designate an eligible |
|
charitable organization, the employee's deductions shall be |
|
distributed to each participating federation or fund and eligible |
|
local charitable organization in the proportion that the deductions |
|
designated for that charitable organization bear to the total of |
|
designated deductions in the district employee charitable |
|
campaign. |
|
Sec. 60.556. CONFIDENTIALITY. (a) Except as necessary to |
|
administer this subchapter or on written authorization of the |
|
employee, the following information is confidential: |
|
(1) whether a district employee has authorized a |
|
deduction under this subchapter; |
|
(2) the amount of the deduction; and |
|
(3) the name of a federation or fund or charitable |
|
organization that a district employee has designated to receive |
|
contributions. |
|
(b) The designation of a charitable organization by a |
|
district employee is not confidential if the employee executes a |
|
written pledge card or other document indicating that the employee |
|
wishes to receive an acknowledgement from the charitable |
|
organization. |
|
(c) The district shall provide notice to district employees |
|
of the confidentiality provisions described by this section. |
|
Sec. 60.557. REVOCATION OR CHANGE OF AUTHORIZATION. (a) A |
|
district employee may revoke or change an authorization by giving |
|
notice to the district. |
|
(b) The notice must be in the form and manner prescribed by |
|
the district. |
|
(c) A revocation or change takes effect on the date |
|
designated by the district, but not later than the 45th day after |
|
the date the district employee gives notice. |
|
Sec. 60.558. DURATION OF DEDUCTION. (a) A deduction under |
|
this subchapter begins on the date designated by the district |
|
employee. |
|
(b) A deduction under this subchapter, unless revoked or |
|
changed under Section 60.557, ends on the date designated by the |
|
district. |
|
Sec. 60.559. FAIR AND EQUITABLE MANAGEMENT OF CAMPAIGN. A |
|
district employee charitable campaign must be managed fairly and |
|
equitably in accordance with this subchapter and the rules, |
|
policies, and procedures established by the district. |
|
Sec. 60.560. CAMPAIGN POLICY AND MANAGEMENT. (a) The |
|
executive director of the district shall oversee the district |
|
employee charitable campaign and the district's employees who |
|
conduct the campaign. |
|
(b) The executive director of the district and employees |
|
designated by the executive director of the district shall: |
|
(1) determine the eligibility of a federation or fund |
|
and its affiliated agencies for participation in the district |
|
employee charitable campaign; |
|
(2) develop a campaign plan, budget, and materials to |
|
be used in the campaign; |
|
(3) coordinate and facilitate the campaign; |
|
(4) ensure that all district employee charitable |
|
campaign activities are conducted fairly and equitably to promote |
|
unified solicitation on behalf of all participants; and |
|
(5) perform other duties required by rules relating to |
|
the district employee charitable campaign. |
|
Sec. 60.561. ELIGIBILITY OF CHARITABLE ORGANIZATIONS, |
|
FEDERATIONS, AND FUNDS FOR PARTICIPATION. (a) To be eligible to |
|
participate in a district employee charitable campaign, a |
|
charitable organization must: |
|
(1) be governed by a voluntary board of citizens that |
|
meets at least twice each year to set policy and manage the affairs |
|
of the organization; |
|
(2) if the organization's annual budget: |
|
(A) does not exceed $100,000, provide a completed |
|
Internal Revenue Service Form 990 and an accountant's review that |
|
offers full and open disclosure of the organization's internal |
|
operations; or |
|
(B) exceeds $100,000, be audited annually in |
|
accordance with generally accepted auditing standards of the |
|
American Institute of Certified Public Accountants; and |
|
(3) not spend more than 25 percent of its annual |
|
revenue for administrative and fund-raising expenses. |
|
(b) A federation or fund that seeks participation in a |
|
district employee charitable campaign must apply on behalf of |
|
itself and its affiliated agencies to the district during the |
|
eligibility determination period specified by the district. The |
|
district shall review each application and may approve a federation |
|
or fund for statewide participation only if the federation or fund |
|
qualifies as a charitable organization. The district may approve |
|
an affiliated charitable organization for participation only if the |
|
organization qualifies as a charitable organization. |
|
(c) The district may use outside expertise and resources |
|
available to it, and rely on a certification of a charitable |
|
organization, or determination of qualification by a statewide |
|
employee charitable campaign under Section 659.146, Government |
|
Code, to assess the eligibility of a charitable organization that |
|
seeks to participate in a district employee charitable campaign. |
|
(d) An appeal from a decision of the district shall be |
|
conducted in the manner prescribed by the commission. The appeals |
|
process must permit a charitable organization that is not approved |
|
for participation to apply for participation in a district employee |
|
charitable campaign. |
|
Sec. 60.562. FUND-RAISING PRACTICES. The fund-raising |
|
practices of a participating charitable organization must: |
|
(1) be truthful and consumer-oriented; and |
|
(2) protect against: |
|
(A) unauthorized use of a list of contributors to |
|
the organization; |
|
(B) payment of commissions, kickbacks, finder |
|
fees, percentages, bonuses, or overrides for fund-raising; |
|
(C) mailing of unordered merchandise or tickets |
|
with a request for money in return; and |
|
(D) general phone solicitation of the public. |
|
Sec. 60.563. LIMITATION ON USE OF CONTRIBUTIONS. (a) A |
|
participating charitable organization may use contributions under |
|
this subchapter only to provide eligible services or to fund a |
|
charitable organization that provides eligible services. |
|
(b) A participating charitable organization may not use |
|
contributions under this subchapter to: |
|
(1) directly or indirectly fund litigation; or |
|
(2) make expenditures that would require the |
|
organization to register under Chapter 305, Government Code, if the |
|
organization were not an entity exempt from registration under that |
|
chapter. |
|
Sec. 60.564. MISAPPLICATION OF CONTRIBUTIONS; AUDIT. (a) |
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The district may obtain an audit of any participating charitable |
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organization that the district reasonably believes has misapplied |
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contributions under this subchapter. |
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(b) If an audit under this section reveals gross negligence |
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or intentional misconduct on the part of a participating charitable |
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organization, the district shall remove the charitable |
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organization from the campaign. A charitable organization removed |
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under this subsection is not eligible to participate in a district |
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employee charitable campaign before the fifth anniversary of the |
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date the charitable organization was removed. |
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(c) If an audit under this section reveals intentional |
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misconduct on the part of a charitable organization, the district |
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shall forward its findings to the appropriate law enforcement |
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agency. |
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(d) The district may bring an action to recover misapplied |
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contributions. |
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(e) If an investigation or lawsuit results in a recovery of |
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misapplied contributions and there is not a judgment distributing |
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the amounts recovered, the district shall determine the manner of |
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refunding contributions to the appropriate district employees. |
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SECTION 17. Section 61.164(c), Water Code, is amended to |
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read as follows: |
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(c) No franchise shall be granted until notice [after the
|
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franchise in its final form] is published [in full] at the expense |
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of the applicant, once a week for three consecutive weeks in a daily |
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newspaper of general circulation published inside the district. |
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For the purposes of this subsection, notice consists of: |
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(1) the text of the franchise in full; or |
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(2) a descriptive caption stating the purpose of the |
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franchise and the location at which a complete copy of the franchise |
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may be obtained. |
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SECTION 18. Sections 62.107(a) and (c), Water Code, are |
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amended to read as follows: |
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(a) Any district created under this chapter may acquire by |
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gift, purchase, or condemnation and may own land adjacent or |
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accessible to the navigable water and ports developed by it which |
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may be necessary or required for any and all purposes incident to or |
|
necessary for the development and operation of the navigable water |
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or ports within the district, or may be necessary or required for or |
|
in aid of the development of industries and businesses on the land. |
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(c) The acquisition of land for the purposes included in |
|
this section and the operation and industrial and business |
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development of ports and waterways are a public purpose and a matter |
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of public necessity. |
|
SECTION 19. Section 62.122, Water Code, is amended to read |
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as follows: |
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Sec. 62.122. DISPOSITION OF SALVAGE OR SURPLUS PERSONAL |
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PROPERTY. (a) Except as provided by Subsection (b), the [The] |
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commission may periodically dispose of surplus or salvage personal |
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property in the same manner as the commissioners court of a county |
|
under Subchapter D, Chapter 263, Local Government Code. |
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(b) The commission may authorize the destruction or |
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disposition of salvage or surplus property as worthless if the |
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property is so worn, damaged, or obsolete that it has no value for |
|
the purpose for which it was originally intended, and the expense to |
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the district to attempt to sell the property would be more than the |
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proceeds from the sale. |
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SECTION 20. Section 63.178(c), Water Code, is amended to |
|
read as follows: |
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(c) Before the franchise is granted, the commission must |
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approve the franchise by a majority vote at three separate meetings |
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held at least one week apart and must publish notice. For the |
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purposes of this subsection, notice must be published [the
|
|
franchise in full,] at the expense of the applicant, once a week for |
|
three consecutive weeks in a newspaper published in the district. |
|
The notice must consist of: |
|
(1) the text of the franchise in full; or |
|
(2) a descriptive caption stating the purpose of the |
|
franchise and the location at which a complete copy of the franchise |
|
may be obtained. |
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SECTION 21. This Act applies only to a contract entered into |
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on or after the effective date of this Act. A contract entered into |
|
before the effective date of this Act is covered by the law in |
|
effect when the contract was entered into, and the former law is |
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continued in effect for that purpose. |
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SECTION 22. To the extent of any conflict, this Act prevails |
|
over another Act of the 82nd Legislature, Regular Session, 2011, |
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relating to nonsubstantive additions to and corrections in enacted |
|
codes. |
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SECTION 23. Section 60.465, Water Code, is repealed. |
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SECTION 24. 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. |
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If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2011. |