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A BILL TO BE ENTITLED
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AN ACT
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relating to the purchasing powers and duties of a navigation |
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district or port authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 60.4035(a), Water Code, as amended by |
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Chapters 415 (H.B. 1972) and 1191 (H.B. 3785), Acts of the 81st |
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Legislature, Regular Session, 2009, is reenacted to read as |
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follows: |
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(a) Notwithstanding the competitive bidding requirements |
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and proposal procedures of this subchapter and Subchapter O and the |
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requirements of Sections 60.408(a), (b), (c), (d), and (e), the |
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executive director of a district or an officer of a district |
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authorized in writing by 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 if |
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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 2. Sections 60.404(a) and (d), Water Code, as |
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amended by Chapters 415 (H.B. 1972) and 1191 (H.B. 3785), Acts of |
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the 81st Legislature, Regular Session, 2009, are reenacted to read |
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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, notice shall be published as |
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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 3. Section 60.406(a), Water Code, as amended by |
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Chapters 415 (H.B. 1972) and 1191 (H.B. 3785), Acts of the 81st |
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Legislature, Regular Session, 2009, is reenacted to read as |
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follows: |
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(a) Except as otherwise provided by Section 60.4035 or |
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60.412, before a district or port authority may purchase one or more |
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items under a contract that will require an expenditure of more than |
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the amount authorized under Section 60.403(a) for routine purchases |
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or contracts, the port commission of that district or port |
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authority must comply with the competitive bidding requirements or |
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proposal procedures provided by this subchapter or Subchapter O. |
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All bids must be sealed. |
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SECTION 4. To the extent of any conflict, this Act prevails |
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over another Act of the 82nd Legislature, Regular Session, 2011, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 5. 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, 2011. |