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A BILL TO BE ENTITLED
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AN ACT
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relating to the Port of Houston Authority; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 97, Acts of the 40th Legislature, 1st |
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Called Session, 1927, is transferred to Subtitle A, Title 5, |
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Special District Local Laws Code, redesignated as Chapter 5007, |
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Special District Local Laws Code, and amended to read as follows: |
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CHAPTER 5007. PORT OF HOUSTON AUTHORITY |
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OF HARRIS COUNTY, TEXAS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 5007.001 [1]. CREATION OF DISTRICT; VALIDATION; |
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TERRITORY. (a) That the Harris County Houston Ship Channel |
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Navigation District of Harris County, Texas, in Harris County, as |
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hereinafter described by metes and bounds, is hereby created and |
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established under authority of Article 3, Section 52, of the |
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Constitution of the State of Texas, for the purpose of the |
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development of deep water navigation and the improvement of rivers, |
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bays, creeks, streams, and canals within or adjacent to such |
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District, and to construct and maintain canals or waterways to |
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permit [of] navigation or in aid thereof and for the purpose of and |
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authority to acquire, purchase, undertake, construct [contruct], |
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maintain, operate, develop, and regulate wharves, docks, |
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warehouses, grain elevators, bunkering facilities, belt railroads, |
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floating plants, lighterage, lands, towing facilities, and all |
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other facilities or aids incident to or necessary to the operation |
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or development of ports or waterways within said District and |
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extending to the Gulf of Mexico, as provided in Chapter 9 of the |
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Revised Statutes of 1925; and all orders of the Commissioners' |
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Court of Harris County, Texas, and of the Navigation Commissioners, |
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heretofore made in respect to the creation of such District and the |
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authorization and issuance of the bonds of said District and |
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particularly an issue of One Million Five Hundred Thousand |
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($1,500,000.00) Dollars of bonds voted at an election under date of |
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December 4, 1926, be and the same are hereby in all things ratified, |
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confirmed, and validated. |
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(b) The said Harris County Houston Ship Channel Navigation |
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District of Harris County, Texas, herenow created and established |
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after consideration of the benefits to the property therein |
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located, is described by metes and bounds as follows, to-wit:- |
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Beginning at the entrance to Clear Creek into Galveston Bay; |
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thence running up said creek with the line of Galveston and Brazoria |
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Counties to a point on S. G. Haynie's survey 372 varas S. 62 degrees |
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32 minutes E. from its west line; thence N. 62 degrees 32 minutes W. |
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12 miles 318 varas to the head of Brays Bayou; thence N. 56 degrees |
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30 minutes W. 15 miles 1455 1/2 varas to the old crossing of Buffalo |
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Bayou; thence with the line of Waller County in a straight line to |
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the head of creek; thence down the same with its meanders to the San |
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Jacinto River; thence N. 50 degrees east to the western line of |
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Liberty County; thence with said line to the head of Cedar Bayou; |
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thence down said bayou to its mouth; thence following the boundary |
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line of Harris County to the mouth of Clear Creek, the place of |
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beginning. |
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Sec. 5007.002 [3]. VALIDATION OF ISSUANCE OF CERTAIN BONDS. |
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(a) The petition, orders of the Commissioners' Court, notices of |
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election, the election and orders declaring the result thereof and |
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authorizing the issuance of the following bonds: (a) An issue of |
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$1,250,000.00, dated June 1, 1911, bearing 4 1/2% interest, |
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maturing equally each 10 years for forty years; (b) an issue of |
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$250,000.00, dated March 4, 1914, bearing 5% interest, maturing |
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forty years with an option to redeem same at any time after ten |
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years; (c) an issue of $1,500,000.00, dated August 1, 1919, bearing |
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5% interest and maturing serially in 30 years; (d) an issue of |
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$500,000.00, dated September 15, 1924 bearing 4 1/2% interest and |
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maturing serially in thirty years; are herenow in all respects |
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confirmed, approved, ratified, and validated, and held to be the |
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legal and binding obligations [obilgations] of said Harris County |
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Houston Ship Channel Navigation District. |
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(b) [Sec. 4.] The petition of the Navigation and Canal |
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Commissioners of October 7, 1926, to the Commissioners' Court |
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asking for an election for One Million Five Hundred Thousand |
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($1,500,000.00) Dollars of bonds; the order of the Commissioners' |
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Court of October 11, 1926, ordering an election for said bonds for |
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December 4, 1926; the notices of election, the publication and |
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posting of such notices, the form of ballot, the election itself, |
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the canvass by the Court of the votes cast at said election, and the |
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order of the Commissioners' Court dated December 13, 1926, |
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authorizing the issuance of One Million Five Hundred Thousand |
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($1,500,000.00) Dollars of the bonds of said District, which bonds |
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are dated February 1, 1927, due $50,000.00 each year for thirty |
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years, bearing interest at the rate of 5%, payable semi-annually, |
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said bonds being in the denomination of $1,000.00 each and setting |
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out the form of said bonds, places of payment, rights of redemption |
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and other details of said issue; the order providing for a tax on |
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all of the taxable property in said District sufficient to pay the |
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interest on said bonds and provide a sinking fund for payment of |
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said bonds at maturity; and all orders of the Commissioners' Court |
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supplementary to and amendatory thereof, are in all respects |
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ratified, confirmed, approved and validated. |
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(c) [Sec. 5.] The amount of bonds fixed in the order of said |
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Court calling said election for the purposes set forth in said order |
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is hereby found to be proper and necessary for the purposes set out |
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therein and of benefit to all of the property and tax payers in said |
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District, and is hereby approved and authorized, and the said |
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Harris County Houston Ship Channel Navigation District of Harris |
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County, Texas, is hereby fully authorized and empowered to issue |
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and sell said bonds and use the proceeds of said bonds for the |
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purposes set forth in the order of said Court calling said election, |
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and said bonds as and when issued and sold at any time or from time |
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to time shall be and are hereby declared to be the legal, valid, and |
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binding obligations of said Harris County Houston Ship Channel |
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Navigation District of Harris County, Texas. The Commissioners' |
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Court of Harris County, on behalf of said District, is hereby fully |
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authorized and empowered to levy upon and against all of the taxable |
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property in said Harris County Houston Ship Channel Navigation |
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District of Harris County, Texas, liable therefor, in the manner |
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and at the time provided for by the General Laws, sufficient taxes |
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to pay the interest on said bonds and provide sinking funds for the |
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payment of said bonds at maturity. |
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(d) [Sec. 6.] The Attorney General of the State of Texas, on |
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[an] presentation to him for approval of any or all of said bonds |
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duly executed as provided by law, in the form set forth in the order |
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referred to, is authorized to approve and certify the same as valid |
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and binding obligations of the said Harris County Houston Ship |
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Channel Navigation District of Harris County, Texas. |
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Sec. 5007.003 [7]. AUTHORITY TO ISSUE BONDS. Harris County |
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Houston Ship Channel Navigation District of Harris County, Texas, |
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is authorized and empowered to issue in direct conformity with the |
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Constitution and the laws of this State as and when necessary such |
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bonds as may be voted from time to time by the requisite two-thirds |
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majority of the resident property tax paying voters voting at any |
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election when called and conducted in direct conformity with the |
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Constitution and laws of Texas and to issue and sell the same |
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subject to such provisions of the Constitution and laws of this |
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State as may be in effect at the time, and subject to the approval of |
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the Attorney General. |
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Sec. 5007.004 [7a]. VALIDATION OF ACTS RELATING TO CERTAIN |
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BONDS. (a) All proceedings, certificates, and acts of the |
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Navigation and Canal Commissioners of the Harris County Houston |
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Ship Channel Navigation District of Harris County, Texas, |
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requesting the submission to an election in said District on |
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December 19, 1944, of Five Million Dollars ($5,000,000.00) of bonds |
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of said District for the purposes set out in the proposition |
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including the purchase of facilities and properties constructed or |
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owned by any municipality within said District containing one |
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hundred thousand population or more according to the last preceding |
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Federal Census, and the further construction and improvement of |
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port facilities and properties; the orders of the Commissioners |
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Court of Harris County, Texas, calling the election and canvassing |
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the returns and declaring the election carried by more than a |
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two-thirds majority of the voters qualified as required by the |
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Constitution and laws of the State of Texas voting at said election; |
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the notice of election; the ballots; and all other proceedings had |
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in connection therewith are hereby declared not to be invalid by |
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reason of the following errors and omissions: (1) failure to |
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include in the proceedings, in the election order and notice, and in |
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the proposition submitted (a) the agreement between the District |
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and the said municipality for the purchase of existing facilities |
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and properties of the said municipality by the District; (b) the |
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assumption by the District of outstanding bonds of the municipality |
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issued to construct or purchase certain of its facilities and |
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properties and the amount thereof; and (c) the amount of the tax to |
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be levied by the Commissioners Court to service the outstanding |
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bonds of the municipality assumed by the District and (2) the |
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failure to properly word in exact accordance with existing law the |
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ballot submitting the purchase of the said municipal facilities and |
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properties to a vote, but said bonds so voted shall be held to be in |
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substantial compliance with the Constitution and statutes of the |
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State of Texas, and the Navigation and Canal Commissioners of the |
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Harris County Houston Ship Channel Navigation District of Harris |
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County, Texas, are authorized to request of the Commissioners Court |
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of Harris County, Texas, and the Commissioners Court is authorized |
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to enter the necessary orders and resolutions directing the |
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issuance of such bonds so voted at said election as may be needed |
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from time to time for the purposes set out in the proceedings and |
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said bonds shall not be invalid insofar as they are affected by the |
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errors and omissions or failures above enumerated, but such bonds |
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insofar as they are affected by such errors and omissions or |
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failures are hereby legalized, confirmed, ratified, approved, and |
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validated as though correct in the first instance. |
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(b) The Attorney General of Texas is directed to examine the |
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record of the issuance of said bonds as and when submitted to him |
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for the purpose, and if he finds that otherwise they have been |
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issued conformably to the Constitution and laws of the State of |
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Texas, he shall approve said bonds notwithstanding the errors and |
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omissions or failures hereinabove listed, and said bonds shall not |
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be invalid by reason of the said errors and omissions or failures |
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listed in this chapter [Act]. |
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(c) All of the bonds of said District authorized at the said |
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election of December 19, 1944, including the bonds representing the |
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purchase price of municipal facilities and properties less the |
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amount of outstanding bonds of the municipality issued for the |
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construction or purchase of such municipal facilities and |
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properties may be issued and sold in the manner provided by law when |
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and if approved by the Attorney General of the State of Texas, but |
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the proceeds of such sale shall be applied only to the purposes set |
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out in the proposition submitted at said election and so much of the |
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proceeds of the sale as represents the amount due for the purchase |
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of municipal facilities and properties under the terms of the |
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agreement shall be paid the municipality as of the effective date of |
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the transfer of the said municipal facilities and properties as set |
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out in the agreement when made in the manner provided by law. The |
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provisions of Article 8238, Revised Civil Statutes of Texas as |
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amended, Acts, First Called Session, 1927, page 149, shall apply to |
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the purchase of and payment for municipal facilities and properties |
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except as herein provided. |
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[Sec.
9.
SUNSET REVIEW.
(a) The Port of Houston Authority
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of Harris County, Texas, is subject to review under Chapter 325,
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Government Code (Texas Sunset Act), as if it were a state agency but
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may not be abolished under that chapter.
The review shall be
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conducted as if the authority were scheduled to be abolished
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September 1, 2013.
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[(b)
The reviews must assess the authority's governance,
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management, and operating structure, and the authority's
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compliance with legislative requirements.
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[(c)
The authority shall pay the cost incurred by the Sunset
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Advisory Commission in performing a review of the authority under
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this section.
The Sunset Advisory Commission shall determine the
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cost, and the authority shall pay the amount promptly on receipt of
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a statement from the Sunset Advisory Commission detailing the cost.
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[(d) This section expires September 1, 2013.
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[Sec.
9.
SUNSET REVIEW. (a) The Port of Houston Authority
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is subject to review under Chapter 325, Government Code (Texas
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Sunset Act), as if it were a state agency but may not be abolished
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under that chapter.
The review shall be conducted as if the
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authority were scheduled to be abolished September 1, 2013.
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[(b)
The reviews must assess the authority's governance,
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management, and operating structure, and the authority's
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compliance with legislative requirements.
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[(c)
The authority shall pay the cost incurred by the Sunset
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Advisory Commission in performing a review of the authority under
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this section.
The Sunset Advisory Commission shall determine the
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cost, and the authority shall pay the amount promptly on receipt of
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a statement from the Sunset Advisory Commission detailing the cost.
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[(d) This section expires September 1, 2013.] |
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Sec. 5007.005 [1]. GRANT OF TITLE TO CERTAIN ISLANDS AND |
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OTHER LAND; RELATED POWERS AND DUTIES; RIPARIAN LANDOWNERS; |
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RESERVATION OF CERTAIN STATE RIGHTS AND POWERS. (a) That all |
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right, title and interest of the State of Texas, to all lands |
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hereinafter in this section described, to wit: |
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All islands and lands owned by the State of Texas, many of |
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which are subject to overflow, known as Barnes Island, Alexander |
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Island, Goat Island, Diamond Island and Hog Island in San Jacinto |
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River above Lynchburg [Lunchburg], and certain accretions formed by |
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dredged material excavated from the channel and forming land |
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attached to or near said Alexander Island, Hog Island between Goose |
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Creek and Morgan Point, Atkinson Island, and all the submerged |
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lands lying and being situated under the waters of Buffalo Bayou, |
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San Jacinto River, White Oak Bayou, Bray's Bayou, Simms Bayou, |
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Vinces Bayou, Hunting Bayou, Greens Bayou, Carpenters Bayou, Old |
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River, Lost River, Goose Creek and Cedar Bayou, and all other |
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streams within Harris County Navigation District tributary to the |
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Houston Ship Channel, so far up said streams as the State may own |
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same, together with all lands lying and being situated under the |
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waters of Old River, Burnett's Bay, Crystal Lake, Scott's Bay, |
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Peggy's Lake, Black Duck Bay, Tabbs Bay and San Jacinto Bay, and all |
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other tidal flats or overflow land adjacent to or appurtenant to the |
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above mentioned streams within the limits above mentioned except |
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Mitchell's Bay and any area between said bay and the Houston Ship |
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Channel, as now or hereafter located, is hereby granted to the |
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Harris County Houston Ship Channel Navigation District, or its |
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successors, for public purposes and for the development of commerce |
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only, in accordance with the following provisions and stipulations |
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herein contained; provided that inasmuch as it is the purpose of |
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this chapter [Act] to grant said lands to the public agency which is |
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developing the Port of Houston, upon the creation by legislation of |
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other public agency which shall supersede the said navigation |
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district as the public agency developing the Port of Houston, the |
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title to said lands shall be transferred from the navigation |
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district to such public agency, either municipal or State, so |
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provided, such public agency being referred to herein as the |
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successors [sucessors] of the navigation district. |
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(b) [Sec. 2.] The navigation district, or its successors, |
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is hereby granted the right, power and authority to authorize, |
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establish, construct, purchase, own, maintain, equip, regulate, |
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operate and lease wharves, piers, docks, dry docks, marine ways and |
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all other structures and appliances for facilitating or |
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accommodating [accomodating] commerce or navigation, and to dredge |
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out channels, slips and turning basins, and to fill in space between |
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the main land and islands and to fill areas for wharves, piers, |
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docks, dry docks, marine ways and for all other structures and |
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appliances for facilitating and accommodating [accomodating] |
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commerce and navigation, having first secured a permit from the |
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Government of the United States of America therefor, and to |
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construct, or cause or authorize to be constructed on said wharves, |
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piers, docks, dry docks, marine ways and other structures and |
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appliances for facilitating and accommodating [accomodating] |
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commerce and navigation, or on lands so filled in, any and all |
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elevators, warehouses, bunkers, railway terminals and sidetracks, |
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or any other facilities or aids whatsoever to navigation or |
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commerce. Said lands shall be used by the navigation district, or |
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its successors, solely for the establishment, improvement and |
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conduct of an harbor and for the construction, maintenance and |
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operation thereon of any facilities or aids whatsoever to the same, |
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and said navigation district, or its successors, shall not at any |
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time, grant, convey, give or alien said lands or any part thereof, |
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to any individual, firm or corporation for any purpose whatsoever; |
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provided, that said navigation district, or its successors, may |
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grant franchises thereon for limited periods of time for wharves, |
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and other public uses and purposes, and may lease said lands or any |
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part thereof for limited periods for purposes consistent with this |
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chapter [Act], but no wharves, piers or structures of any kind shall |
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be constructed on said lands by anyone save the navigation |
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district, except under a franchise granted by said navigation |
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district and in a manner first prescribed by and approved of by said |
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navigation district or its successors. |
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(c) [Sec. 3.] For the purpose of carrying out the |
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provisions of this chapter [Act], the navigation district, or its |
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successors, is hereby granted the right, power and authority to |
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abate and remove any and all encroachments or structures of any kind |
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now or hereafter existing on said property, save such as may have |
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been constructed under permit from the United States War |
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Department, or other proper Federal authority, and shall have the |
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right to bring such suit or suits as may be necessary to carry out |
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the provisions of this chapter [Act] to the same extent and as fully |
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and completely as the right to bring such a suit or suits existed in |
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the State prior to the passage hereof. |
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(d) [Sec. 4.] The purposes and provisions of this chapter |
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[Act], and the grants, rights and privileges, thereunder to the |
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Harris County Houston Ship Channel Navigation District, shall not |
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affect, curtail or abridge the rights or privileges of riparian |
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owners of lands abutting upon the islands and lands subject to |
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overflow, and lands lying under the streams, bays and lakes herein |
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described or referred to, as the same existed under the Common Law |
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or the Constitution or Statutes of Texas at the time this chapter, |
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or laws antecedent to this chapter, [Act] shall become in force and |
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effect, or to deprive riparian land owners of access to such |
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streams, channels or waters. |
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(e) [Sec. 5.] The State of Texas, may at any time, place the |
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operation of [said] facilities under Subsection (b) under the |
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supervision of the Railroad Commission of Texas, to insure |
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reasonable wharfage and storage charges. |
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(f) [Sec. 6.] The right is hereby expressly reserved by the |
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State of Texas to erect on the lands herein conveyed such wharves, |
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piers and buildings for State purposes as may hereafter be |
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authorized by law. |
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(g) [Sec. 7.] All mines and mineral rights, including oil |
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and gas in and under said lands, together with the right to enter |
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there on for the purpose of development, and the granting of permits |
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to excavate sand, shell or marl and to collect the tax on same, are |
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hereby expressly reserved to the State of Texas; provided necessary |
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or proper access to the lands hereby ceded, together with all |
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improvements heretofore made, or to be made, under any mineral |
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leases issued by the State in connection with mineral rights herein |
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reserved are made a condition of this grant, and are covenants |
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running with the ceded lands; provided further, that leases |
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hereafter made by the State, or operations thereunder in connection |
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with reserved mineral rights shall not interfere with the |
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improvements made, or to be made in the development of the ship |
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channel by the said navigation district, or franchise holders |
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thereunder. |
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Sec. 5007.006 [8]. RIGHTS OF WAY; EASEMENTS. Nothing in |
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this chapter [Act] shall prohibit the Navigation District or its |
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successors from granting to the United States of America such |
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rights-of-way or easements as may be required by it for the |
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construction of channels, basins, dumping grounds, or other allied |
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purposes in connection with any work voluntarily undertaken by the |
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Federal Government, or at the request of the navigation district or |
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its successors. |
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Sec. 5007.007 [1]. REVENUE OBLIGATIONS; CERTAIN POWERS; |
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FEES AND CHARGES; GRAIN ELEVATORS; TAXATION EXEMPTION; REFUNDING |
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BONDS; CERTAIN BOND PROVISIONS. (a) The Harris County Houston Ship |
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Channel Navigation District of Harris County, Texas, in addition to |
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all other powers conferred by law, is hereby given authority and |
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shall hereafter have power in the manner hereinafter provided to |
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acquire, purchase, construct, enlarge, extend, repair, maintain, |
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operate, or develop channels and turning basins, wharves, docks, |
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warehouses, grain elevators, bunkering facilities, railroads, |
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floating plants, and facilities, lightering facilities and towing |
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facilities, bulk handling facilities, and everything appurtenant |
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thereto, together with all other facilities or aids incident to or |
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useful in the operation or development of the District's ports and |
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waterways or in aid of navigation and commerce thereon. |
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(b) The Board of Navigation and Canal Commissioners of said |
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District may covenant to and shall prescribe fees and charges to be |
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collected for the use of those improvements and facilities of the |
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District (the net revenues of which improvements and facilities are |
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pledged, as hereinafter provided), which fees and charges shall be |
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reasonable and equitable and fully sufficient to produce revenues |
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adequate to pay, and said Board of Navigation and Canal |
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Commissioners shall cause to be paid: |
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(1) All expenses necessary to the operation, |
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replacement and maintenance of said improvements and facilities. |
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Such operating and maintenance expenses payable from current |
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revenues shall include the cost of the acquisitions of properties |
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and materials necessary to repair, replace and maintain said |
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improvements and facilities in good condition and operate them |
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efficiently, wages and salaries paid to the employees of the |
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District in that connection, and such other expenses as may be |
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necessary to the efficient operation of said improvements and |
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facilities. |
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(2) The annual or semiannual interest upon any |
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obligations issued hereunder and payable out of the revenues of |
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said improvements and facilities. |
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(3) The amount required to be paid annually into the |
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sinking fund for the payment of any obligations issued hereunder |
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and payable out of the revenues of said improvements and |
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facilities. |
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(4) The amount or amounts required to be paid in |
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reserve funds or other funds as may be provided for in the |
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proceedings authorizing such obligations, to secure the payment of |
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the obligations issued pursuant to the provisions hereof. |
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(b-1) Revenues which may be received in excess of those |
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required for the purposes listed in the above Subsection (b) |
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[subparagraphs (1), (2), (3), and (4),] may be used by the Board of |
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Navigation and Canal Commissioners to pay the cost of any other |
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District improvements or for any other lawful purpose. |
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(c) The Board of Navigation and Canal Commissioners of said |
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District may borrow money from any department or agency of the |
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United States, or from any other source, and in evidence thereof |
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issue the notes, warrants, certificates of indebtedness, |
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negotiable bonds, or other forms of obligation of such District |
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(heretofore and hereafter referred to as "obligations") payable |
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solely out of the revenues to be derived from said improvements and |
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facilities for any or all of the purposes set forth in Subsection |
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(a) [Section 1(a) of this Act]. |
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(d) Such obligations shall not constitute an indebtedness |
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or pledge of the credit of such District, and the holders thereof |
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shall never have the right to demand payment thereof out of any |
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funds raised or to be raised by taxation, and such obligations shall |
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contain a recital to that effect. All obligations issued hereunder |
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shall be in registered or coupon form, and if in coupon form may be |
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registerable as to principal only, or as to both principal and |
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interest, shall bear interest at a rate not to exceed six per cent |
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(6%) per annum, payable annually or semiannually, and shall be in |
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such denominations and shall mature serially or at one time not more |
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than forty (40) years from their date in such manner as may be |
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provided by the Board of Navigation and Canal Commissioners. |
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Principal of and interest on such obligations shall be made payable |
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at any place or places within or without the State of Texas, and in |
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the discretion of the Board of Navigation and Canal Commissioners |
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such obligations may be made callable and/or refundable at the |
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option of said Board prior to maturity at such premium or premiums |
|
as the Board shall determine. Such obligations shall be signed by |
|
the manual or facsimile signatures of the Chairman and executive |
|
director [Secretary] of the Board of Navigation and Canal |
|
Commissioners as may be provided in the proceedings authorizing |
|
said obligations, and the interest coupons attached thereto may |
|
also be executed by the facsimile signatures of such officers. Such |
|
obligations shall be sold in such manner and at such times as the |
|
Board of Navigation and Canal Commissioners shall determine to be |
|
expedient and necessary to the interests of the District, provided, |
|
that in no event shall such obligations be sold for a price which |
|
will result in an interest yield therefrom of more than six percent |
|
(6%) computed to maturity according to standard bond tables in |
|
general use by banks and insurance companies. Any premium or |
|
premiums provided for the call or refunding of any bonds issued |
|
pursuant to this Section [1] shall not be included in the |
|
computation of the maximum interest yield on such bonds. In the |
|
event of the officers whose signatures are on such obligations or |
|
coupons shall cease to be such officers before the delivery of such |
|
obligations to the purchaser, such signature or signatures, |
|
nevertheless, shall be valid and sufficient for all purposes. All |
|
obligations issued hereunder shall constitute negotiable |
|
instruments within the meaning of the Negotiable Instruments Law of |
|
the State of Texas. |
|
(e) Any obligations issued hereunder may be issued payable |
|
from and secured by the pledge of all the revenues derived from the |
|
operation of the improvements and facilities of the District, |
|
exclusive of any revenues derived from taxation or assessments, or |
|
may be payable from and secured by the pledge of only such revenues |
|
as may be derived from the operation of the improvements and |
|
facilities acquired with the proceeds of the sale of such |
|
obligations, or may be payable from and secured by the pledge of a |
|
specified part of the revenues derived from the operation of the |
|
improvements and facilities of the District, all as may be provided |
|
in the proceedings authorizing the issuance of such obligations. |
|
(f) In the resolution or order adopted by the Board of |
|
Navigation and Canal Commissioners authorizing the issuance of any |
|
obligations hereunder, said Board may provide for the flow of |
|
funds, the establishment and maintenance of the interest and |
|
sinking fund, reserve, and other funds, and may provide for such |
|
additional covenants with respect to the obligations and the |
|
pledged revenues and the operation, maintenance, and upkeep of |
|
those improvements and facilities (the income of which is pledged), |
|
including provision for the leasing of all or part of said |
|
improvements and facilities and the use or pledge of moneys derived |
|
from leases thereon, as it may deem appropriate. Said resolution or |
|
order may also prohibit the further issuance of obligations payable |
|
from the pledged net revenues, or may reserve the right to issue |
|
additional bonds to be secured by a pledge of and payable from said |
|
net revenues on a parity with, or subordinate to, the lien and |
|
pledge in support of the obligations being issued, subject to such |
|
conditions as are set forth in said resolution or order. Such |
|
resolution may contain a provision appropriating out of the bond |
|
proceeds an amount sufficient to pay the interest which will accrue |
|
on such obligations during the period of construction of the |
|
improvements and facilities covered by such obligations. Such |
|
resolution or order may contain other provisions and covenants, as |
|
in the opinion of said Board may be necessary or desirable to insure |
|
marketability of the obligations, provided that such provisions and |
|
covenants are not prohibited by the Constitution of Texas or by this |
|
chapter [Act]; and the Board may adopt and cause to be executed any |
|
other proceedings or instruments necessary and/or convenient in the |
|
issuance of said obligations. |
|
(g) Said District may adopt plans for the construction or |
|
refinancing of a grain elevator or elevators, to be paid for by the |
|
issuance and sale of obligations payable from and secured by a |
|
pledge of revenues to be derived from the operation of said grain |
|
elevator and further secured by a trust indenture, or by a deed of |
|
trust on the physical properties of such improvement; and during |
|
the time any such improvement is encumbered by the pledge of such |
|
revenues and the lien upon its physical properties, in the |
|
proceedings authorizing the bonds or the indenture, may vest its |
|
management and control in a Board of Trustees, to be named in such |
|
resolution or indenture, consisting of not less than five (5) nor |
|
more than nine (9) members. The compensation of the members of such |
|
Board of Trustees shall be fixed by such resolution or indenture, |
|
but shall never exceed one percent (1%) of the gross receipts of |
|
such improvement in any one (1) year. The terms of office of the |
|
members of such Board of Trustees, their powers and duties, |
|
including the power to fix fees and charges for the use of such |
|
improvements, and the manner of exercising same, the manner of the |
|
selection of their successors, and all matters pertaining to their |
|
duties and the organization of such Board of Trustees shall be |
|
specified in such resolution or indenture. Any such Board of |
|
Trustees may adopt bylaws regulating the procedure of the Board and |
|
fixing the duties of its officers, but the bylaws shall not contain |
|
any provision in conflict with the covenants and provisions |
|
contained in the resolution authorizing the bonds or the indenture. |
|
In all matters wherein the resolution or indenture are silent as to |
|
the powers, duties, obligations and procedure of the Board, the |
|
laws and rules governing the governing body of such District shall |
|
control the Board of Trustees in so far as applicable. The Board |
|
may be created by the resolution or indenture, and in that event |
|
shall have all or any of the powers and authority which could be |
|
exercised by the governing body of the District in so far as the |
|
management and operation of any such improvement is concerned. By |
|
the terms of any such resolution or indenture the governing board of |
|
any such District may make provision for later supplementing such |
|
resolution or indenture so as to vest the management and control of |
|
such grain elevator in a Board of Trustees having the powers, rights |
|
and duties herein conferred or imposed. |
|
(h) Any resolution or order authorizing the issuance of |
|
obligations hereunder may provide that the revenues from which such |
|
obligations are to be paid and which are pledged to the payment of |
|
such obligations shall from month to month as the same shall accrue |
|
and be received, be set apart and placed in the interest and sinking |
|
fund, reserve fund, and other funds established in said resolution |
|
or order, and disbursed in the manner hereinabove provided. |
|
(i) Any holder of obligations issued hereunder or of coupons |
|
originally attached thereto, may either at law or in equity, by |
|
suit, action, mandamus or other proceeding, enforce and compel |
|
performance of all duties required by this chapter [Act] to be |
|
performed by the Board of Navigation and Canal Commissioners, |
|
including the making and collection of reasonable and sufficient |
|
fees or charges for the use of the improvements and facilities of |
|
the District, the segregation of the income and revenues of such |
|
improvements and facilities, and the application of such income and |
|
revenues pursuant to the provisions of this chapter [Act]. |
|
(j) As additional security for the payment of any |
|
obligations issued hereunder, the Board of Navigation and Canal |
|
Commissioners may in its discretion have executed in favor of the |
|
holders of such obligations an indenture or deed of trust |
|
mortgaging and encumbering all or any part of the physical |
|
properties comprising the improvements and facilities the net |
|
revenues of which are pledged to the payment of such obligations, |
|
including the lands upon which said improvements and facilities are |
|
located, and may provide in such mortgage or encumbrance for a grant |
|
to any purchaser or purchasers at foreclosure sale thereunder of a |
|
franchise to operate such improvements, facilities and properties |
|
for a term of not over fifty (50) years from the date of such |
|
purchase, subject to all laws regulating same then in force. Any |
|
such indenture or deed of trust may contain such terms and |
|
provisions as the Board of Navigation and Canal Commissioners shall |
|
deem proper and shall be enforceable in the manner provided by the |
|
laws of Texas for the enforcement of other mortgages and |
|
encumbrances. Under any such sale ordered pursuant to the |
|
provisions of such mortgage or encumbrance, the purchaser or |
|
purchasers at such sale, and his or their successors or assigns, |
|
shall be vested with a permit or franchise conforming to the |
|
provisions stipulated in the indenture or deed of trust to maintain |
|
and operate the improvements, facilities and properties purchased |
|
at such sale with like powers and privileges as may theretofore have |
|
been enjoyed by the District in the operation of said improvements, |
|
facilities and properties. The purchaser or purchasers of such |
|
improvements, facilities and properties at any such sale, and his |
|
or their successors and assigns, may operate said improvements, |
|
facilities and properties as provided in the last above sentence or |
|
may at their option remove all or any part or parts of said |
|
improvements, facilities and properties for diversion to other |
|
purposes. The provisions of Articles 8240, 8241, 8243, Revised |
|
Civil Statutes, 1925, and Chapter 134, Acts 1935, 44th Legislature, |
|
Regular Session, as amended, and any other Statutes relating to the |
|
authorization or execution of mortgages and encumbrances or the |
|
granting of franchises or leases shall not be applicable to the |
|
authorization or execution of any mortgage or encumbrance entered |
|
into pursuant to the provisions of this chapter [Act], nor to the |
|
granting of any franchise hereunder. Any obligations issued |
|
pursuant to the provisions of this chapter [Act] and additionally |
|
secured by an indenture or deed of trust as provided by this |
|
subsection [Section 1(j)], whether such obligations are notes or |
|
certificates of indebtedness or otherwise, and the record relating |
|
to their issuance, may, at the option of the Board of Navigation and |
|
Canal Commissioners, be submitted to the Attorney General of Texas |
|
for his examination and approval, as in the case of bonds, and after |
|
the Attorney General has approved the same, such obligations shall |
|
be registered by the Comptroller of Public Accounts of Texas; and |
|
after such obligations have been approved by the Attorney General |
|
and registered by the Comptroller, they shall thereafter be |
|
incontestable for any cause except for forgery or fraud. |
|
(k) The proceeds of the sale of any obligations issued |
|
hereunder may be deposited in such bank or banks as may be agreed |
|
upon between the purchaser at such sale and the Board of Navigation |
|
and Canal Commissioners, and may be deposited and paid out pursuant |
|
to such terms and conditions as may be so agreed upon, it being |
|
expressly provided that the Statutes of Texas pertaining to the |
|
deposit of Navigation District funds in the depository of such |
|
District shall not be applicable to the deposit of the proceeds of |
|
such sale. |
|
(l) The Board of Navigation and Canal Commissioners is |
|
authorized to enter into an agreement or agreements with the |
|
purchaser or purchasers of any obligations issued hereunder under |
|
the terms of which such Board shall agree to keep all of the |
|
improvements and facilities, the revenues of which are pledged to |
|
the payment of such obligations, insured with insurers of good |
|
standing against loss or damage by fire, water or flood, and also |
|
from any other hazards customarily insured against by private |
|
companies operating similar properties, and to carry with insurers |
|
of good standing such insurance covering the use and occupancy of |
|
such property as is customarily carried by such private companies. |
|
The cost of such insurance shall be budgeted as maintenance and |
|
operation expense and such insurance shall be carried for the |
|
benefit of the holders of such obligations. |
|
(m) Said District, in addition to the other powers |
|
hereinabove set out, shall have general power and authority to make |
|
and enter into all contracts, leases and agreements necessary or |
|
convenient to the carrying out of any of the powers granted in this |
|
chapter [Act], which contracts, leases or agreements may be entered |
|
into with any person, real or artificial, any corporation, |
|
municipal, public or private, and the government or governmental |
|
agency, including those of the United States and the State of Texas. |
|
Any and all contracts, leases or agreements entered into pursuant |
|
hereto shall be approved by resolution or order of the Board of |
|
Navigation and Canal Commissioners of such District, and shall be |
|
executed by the Chairman and attested by the executive director |
|
[Secretary] thereof. |
|
(n) Any obligations issued pursuant to the provisions of |
|
this chapter [Act] shall be exempt from taxation by the State of |
|
Texas or by any municipal corporation, county, or other political |
|
subdivision or taxing district of the State. |
|
(o) The Board of Navigation and Canal Commissioners shall |
|
have the power to issue obligations of the District for the purpose |
|
of refunding any outstanding obligations payable out of the |
|
revenues of the District and accrued interest thereon. Such |
|
refunding obligations may be issued to refund more than one series |
|
of issues of outstanding obligations and combine the pledges for |
|
the outstanding obligations for the security of the refunding |
|
obligations, and such refunding obligations may be secured by other |
|
and additional revenues, provided that such refunding will not |
|
impair the contract rights of the holders of any of the outstanding |
|
obligations which are not to be refunded. |
|
(o-1) Such refunding obligations shall be authorized, shall |
|
be executed, and shall mature as is provided herein for original |
|
obligations, and shall bear interest at the same or lower rate than |
|
that of the obligations refunded unless it is shown mathematically |
|
that a saving will result in the total amount of interest to be |
|
paid. Refunding bonds issued hereunder shall be approved by the |
|
Attorney General of Texas as in the case of other bonds issued |
|
hereunder, and shall be registered by the Comptroller of Public |
|
Accounts upon surrender and cancellation of the bonds to be |
|
refunded, but in lieu thereof, the resolution or order authorizing |
|
their issuance may provide that they shall be sold and the proceeds |
|
thereof deposited in the place or places where the original bonds |
|
are payable, in which case the refunding bonds may be issued in an |
|
amount sufficient to pay the interest on the original bonds to their |
|
option or maturity date, and the Comptroller shall register them |
|
without the surrender and cancellation of the original bonds. The |
|
Board of Navigation and Canal Commissioners may combine refunding |
|
bonds and new bonds in one issue, in which event the provisions of |
|
this subsection and Subsection [Section] (o) shall apply to those |
|
bonds of the combined issue which are designated in the resolution |
|
or order as the refunding bonds. |
|
(p) After any bonds have been authorized by the District |
|
hereunder, such bonds and the record relating to their issuance |
|
shall be submitted to the Attorney General of Texas for his |
|
examination as to the validity thereof, and after the Attorney |
|
General has approved the same, such bonds shall be registered by the |
|
Comptroller of Public Accounts of Texas. After such bonds have been |
|
approved by the Attorney General and registered by the Comptroller, |
|
they shall thereafter be incontestable for any cause except for |
|
forgery or fraud. |
|
(q) All bonds issued hereunder shall be and are hereby |
|
declared to be, and to have all the qualifications of, negotiable |
|
instruments under the Negotiable Instruments Law of the State of |
|
Texas, and all such bonds shall be and are hereby declared to be |
|
legal and authorized investments for banks, savings banks, trust |
|
companies, building and loan associations, insurance companies, |
|
fiduciaries, trustees, guardians, for State funds and retirement |
|
system funds (without limiting the generalization of the foregoing, |
|
including the Permanent School Fund of Texas, and funds of |
|
retirement systems created under the Constitution and laws of the |
|
State of Texas), and for the sinking funds of cities, towns, |
|
villages, counties, school districts, or other governmental |
|
agencies, political corporations or subdivisions of the State of |
|
Texas. Such bonds shall be eligible to secure the deposit of any |
|
and all public funds of the State of Texas, and any and all public |
|
funds of cities, towns, villages, counties, school districts, or |
|
other governmental agencies, political corporations or |
|
subdivisions of the State of Texas; and such bonds shall be lawful |
|
and sufficient security for said deposits to the extent of their |
|
face value when accompanied by all unmatured coupons appurtenant |
|
thereto. |
|
(r) This Section [1], without reference to other Statutes of |
|
the State of Texas, shall constitute full authority for the |
|
authorization and issuance of obligations hereunder and for the |
|
accomplishment of all things herein authorized to be done, and no |
|
proceedings relating to the authorization or issuance of such |
|
obligations or the doing of such things shall be necessary except |
|
such as are herein required, and neither the Bond and Warrant Law of |
|
1931 or any other provisions of the Laws of the State of Texas, |
|
pertinent to the authorization or issuance of obligations, the |
|
operation and maintenance of ports, canals and waterways, the |
|
granting of franchise, permits, or leases, the right to elections |
|
or referendum petitions, shall in anywise impede or restrict the |
|
carrying out of the acts authorized to be done hereunder or acts |
|
done pursuant hereto. |
|
Sec. 5007.008 [2]. CONVERSION OF DISTRICT AND TAX SUPPORTED |
|
OBLIGATIONS; CERTAIN POWERS AND DUTIES; ELECTIONS; REFUNDING |
|
BONDS; MAINTENANCE TAX; ASSESSMENT OF TAXES. (a) Effective and |
|
operative January 1, 1958, the Port of Houston Authority of Harris |
|
County, Texas, is hereby converted to a navigation district |
|
operating under the provisions of Section 59 of Article XVI, |
|
Constitution of Texas, and after said date said Authority will |
|
operate under Section 59 of Article XVI and this chapter [Section 2
|
|
of this Act]; provided, that neither said Constitutional Provision |
|
nor this chapter [Section 2] shall apply to said Authority until |
|
said effective date. |
|
(a-1) Said Authority will thereafter be empowered and |
|
authorized to exercise, in addition to all powers conferred by this |
|
chapter [Act], all powers conferred upon said Authority by the law |
|
or laws under which it was organized, and, in addition, shall have |
|
all of the powers and jurisdiction conferred upon Districts |
|
originally organized under Article XVI, Section 59, of the |
|
Constitution of the State of Texas, and particularly Subchapters B, |
|
H, and K, Chapter 60, Water Code, and Sections 60.034 through |
|
60.042, 61.075, 61.076, 61.082, 61.112, 61.115 through 61.117, |
|
61.151 through 61.168, 61.172 through 61.174, and 61.176, Water |
|
Code, as amended, and Articles 8248, 8249, 8250, 8251, 8252, 8253, |
|
8254, 8255, 8256, 8257, and 8258, Revised Civil Statutes of Texas, |
|
1925, as amended, as well as Chapter 90, Acts, 1945, Forty-ninth |
|
Legislature, Regular Session, Page 130, as amended; Chapter 6, |
|
Acts, 1941, Forty-seventh Legislature, Page 8, as amended; Chapter |
|
176, Acts, 1955, Fifty-fourth Legislature, Page 554; Chapter 217, |
|
Acts, 1949, Fifty-first Legislature, Page 407; provided, that if |
|
there is any conflict or inconsistency between said laws or any of |
|
them, and this chapter [Act], then to the extent of conflict or |
|
inconsistency, the provisions of this chapter [Act] shall govern. |
|
If the Authority makes a contract under which another entity |
|
performs for the Authority any work in which the Authority may |
|
engage under [Subsection (a) of] Section 5007.007(a) [1 of this
|
|
Act], the Authority may require that a minimum of 25 percent of the |
|
work be performed by the contractor and, notwithstanding any other |
|
law to the contrary, may establish financial criteria for the |
|
surety companies that provide payment and performance bonds. |
|
[The Port Commission of said Authority shall be a seven (7)
|
|
commissioner board. Two (2) Port Commissioners shall be appointed
|
|
by a majority of the city council of the City of Houston, and two (2)
|
|
Port Commissioners shall be appointed by a majority of the Harris
|
|
County Commissioners Court.
One (1) Port Commissioner shall be
|
|
appointed by a majority of the governing bodies of municipalities
|
|
located adjacent to the Houston Ship Channel that have a population
|
|
of 100,000 or more but less than 1,000,000 according to the most
|
|
recent federal census. One (1) Port Commissioner shall be
|
|
appointed by a majority of the Harris County Mayors' and Councils'
|
|
Association. The Port Commissioner appointed by the Harris County
|
|
Mayors' and Councils' Association must be a resident of a
|
|
municipality in Harris County that is located adjacent to the
|
|
Houston Ship Channel and has a population of less than 100,000
|
|
according to the most recent federal census. The chairman of the
|
|
commission shall be appointed by the city council of the City of
|
|
Houston and the Harris County Commissioners Court. The city
|
|
council and the commissioners court shall each have five votes in
|
|
the selection of the chairman of the commission. A majority of each
|
|
governing body shall determine how the votes for that body will be
|
|
cast. Except as specifically provided by this section, the Port
|
|
Commissioners shall continue to be selected and shall hold office
|
|
as provided by Sections 61.159 through 61.160, Water Code. Any act
|
|
or thing authorized to be done by said Port Commission by provisions
|
|
of this Act or by provision of any of the aforementioned laws and
|
|
legislative acts may be done and performed by the General Manager of
|
|
said Authority (or other person authorized to act in his place and
|
|
stead) when so authorized by general or special rule, regulation,
|
|
order, resolution or other direction of the Port Commission. The
|
|
Navigation Board of said Authority is hereby defined and shall be
|
|
composed of the County Judge and County Commissioners of Harris
|
|
County, Texas, the Mayor and Council members of the City of Houston,
|
|
Texas, and the members of the Harris County Mayors' and Councils'
|
|
Association.] |
|
(b) If the Navigation and Canal Commissioners of said |
|
District shall from time to time determine to make further |
|
construction or improvements by the issuance of tax bonds or that |
|
additional tax bond funds are required with which to maintain the |
|
existing improvements, they shall certify to the Commissioners |
|
Court of Harris County the necessity for an additional bond issue or |
|
issues stating the amount required, the purposes of the same, the |
|
maximum rate of interest of said bonds, and the time for which they |
|
are to run. A certified copy of an order or resolution adopted by |
|
the Board of Navigation and Canal Commissioners, setting forth such |
|
information, shall constitute sufficient certification in this |
|
regard. The Commissioners Court at a regular or special meeting, |
|
shall order an election to vote on the proposition of the issuance |
|
of bonds and the levy of taxes as hereinafter provided. Said order |
|
shall specify the maximum amount of bonds to be issued, their |
|
maximum maturity date, and the maximum rate of interest. The |
|
ballots for such election shall contain words substantially as |
|
follows: "For the issuance of bonds and levy of tax in payment |
|
thereof"; "Against the issuance of bonds and levy of tax in payment |
|
thereof"; and said ballot shall conform to the requirements of the |
|
provisions of the Constitution of Texas, Chapter 9 of Title 128, |
|
Revised Civil Statutes, 1925, and all other Statutes of Texas |
|
applicable thereto. Any and all limitations, statutory or |
|
otherwise, restricting the amount of bonds that may be issued by the |
|
District are hereby removed. |
|
(c) When any election is held under this chapter [Act], |
|
notice thereof shall be given for not less than thirty (30) days |
|
prior thereto, stating the time, places of holding the same, the |
|
proposition or propositions to be voted upon, and the purposes |
|
thereof, and shall contain a substantial copy of the election |
|
order. Such notices shall be posted by the County Clerk in five (5) |
|
public places in said County, one (1) of which shall be at the |
|
Courthouse door, and four (4) of which shall be posted within the |
|
limits of said Navigation District. No other notice of election |
|
shall be necessary. This District, being presently a county-wide |
|
district, and so long as it remains such, the regular voting or |
|
election precincts established by the Commissioners Court for |
|
county-wide elections shall be the voting or election precincts for |
|
all such bond elections. |
|
(d) Only duly qualified resident electors of said District |
|
who own taxable property within said District and who have duly |
|
rendered the same for taxation shall be entitled to vote at said |
|
elections. Every person who offers to vote in any such election who |
|
is not known by the election officials to possess said |
|
qualifications shall take the following oath before the Presiding |
|
Judge of the polling place where he offers to vote, and the |
|
Presiding Judge is authorized to administer the same: "I do |
|
solemnly swear (or affirm) that I am a duly qualified resident |
|
elector of Harris County Houston Ship Channel Navigation District |
|
of Harris County, Texas, and that I own taxable property in said |
|
District which has been duly rendered for taxation, and that I have |
|
not voted before at this election." |
|
(e) The Commissioners Court shall canvass the returns of |
|
said election, and if a majority of those voting at the election |
|
vote in favor of the issuance of the bonds and the levy of the tax in |
|
payment thereof, then the Commissioners Court shall authorize the |
|
issuance of such bonds and levy taxes to pay the interest on and |
|
principal of such bonds, as hereinafter provided. In canvassing |
|
such returns and declaring the result of any such election, a simple |
|
resolution or order of said Commissioners Court shall be |
|
satisfactory. |
|
(f) Bonds so authorized at an election may be issued in one |
|
or more installments, and when the Board of Navigation and Canal |
|
Commissioners shall have determined the amount of bonds to be |
|
issued in a particular series or issue, said Board shall adopt a |
|
resolution or order setting forth the amount of bonds then to be |
|
issued, and a certified copy of such resolution or order shall be |
|
furnished the Commissioners Court. Thereupon, said Commissioners |
|
Court, at a regular or special meeting, shall adopt an order |
|
authorizing and directing the issuance of bonds for such District |
|
in the amount so certified. |
|
(g) All tax bonds of the District shall be issued in the name |
|
of the District, shall be signed by the County Judge and attested by |
|
the County Clerk, and shall have the seal of the Commissioners Court |
|
impressed thereon; provided, that the order authorizing the |
|
issuance of such bonds may provide for the bonds to be signed by the |
|
facsimile signatures of said County Judge and County Clerk, either |
|
or both, and for the seal on the bonds to be a printed facsimile seal |
|
of the Commissioners Court; and provided further that the interest |
|
coupons attached to said bonds may also be executed by the facsimile |
|
signatures of said officers. The County Treasurer shall register |
|
such bonds and shall keep a record thereof, and evidence of such |
|
registration may be shown on the bonds by the manual or facsimile |
|
signature of said County Treasurer. Such bonds shall be issued in |
|
such denominations, shall be payable at such time or times not |
|
exceeding forty (40) years from their date or dates, and shall bear |
|
interest at a rate or rates not to exceed six percent (6%) per |
|
annum, all as may be determined by said Commissioners Court. |
|
(h) The Board of Navigation and Canal Commissioners shall |
|
sell such bonds for the best price possible and in no event for less |
|
than their face value and accrued interest thereon. Such bonds may |
|
be sold either prior to, simultaneous with, or after the adoption of |
|
the order by the Commissioners Court authorizing the issuance of |
|
such bonds; and if such bonds are sold either prior to or |
|
simultaneous with the adoption of said order by the Commissioners |
|
Court, then such order shall contain a provision confirming the |
|
sale of such bonds. All moneys received from the sale of such bonds |
|
shall be deposited with the County Treasurer to the credit of the |
|
District, and shall be expended only for the bond purpose and |
|
incidental expenses in connection therewith. No additional bond |
|
shall be required of the County Treasurer or of any officer or |
|
official of the District for the handling of the bond proceeds. |
|
(i) All such bonds, and the record of proceedings pertaining |
|
thereto, shall be submitted to the Attorney General of Texas for his |
|
examination as to the validity thereof, and after the Attorney |
|
General has approved the same, such bonds shall be registered by the |
|
Comptroller of Public Accounts of Texas. When such bonds have been |
|
approved by the Attorney General, registered by the Comptroller, |
|
and delivered to the purchasers, they shall thereafter be |
|
incontestable for any cause except for forgery or fraud. |
|
(j) When bonds have been issued, the Commissioners Court |
|
shall levy and cause to be assessed and collected taxes annually |
|
sufficient to pay the interest on such bonds, to provide a sinking |
|
fund to redeem said bonds as they mature, and to pay the cost of |
|
collection of such taxes. |
|
(k) The Commissioners Court shall have the power to issue |
|
bonds to refund outstanding bonds of the District and accrued |
|
interest thereon, and the provisions of this Section [2] relating |
|
to the issuance of voted bonds shall apply to the issuance of |
|
refunding bonds, except that no election therefor shall be |
|
necessary. Refunding bonds shall bear interest at the same or lower |
|
rate than the bonds to be refunded unless it is shown mathematically |
|
that a saving will result in the total amount of interest to be |
|
paid. Such bonds shall be approved by the Attorney General as in |
|
the case of original bonds, and shall be registered by the |
|
Comptroller upon surrender and cancellation of the bonds to be |
|
refunded, but in lieu thereof, the order authorizing their issuance |
|
may provide that they shall be sold and the proceeds thereof |
|
deposited in the place or places where the bonds to be refunded are |
|
payable, in which case the refunding bonds may be issued in an |
|
amount sufficient to pay the principal of the bonds to be refunded |
|
and the interest on such bonds to their option or maturity date, and |
|
the Comptroller shall register them without the surrender and |
|
cancellation of the bonds to be refunded. All refunding bonds, |
|
after they have been approved by the Attorney General and |
|
registered by the Comptroller, shall be incontestable for any cause |
|
except for forgery or fraud. |
|
(l) The Commissioners Court may, upon the request of the |
|
Board of Navigation and Canal Commissioners, invest the sinking |
|
fund created for the benefit of any bonds issued hereunder, in such |
|
county, municipal, district, or other bonds required by law to be |
|
approved by the Attorney General of Texas. |
|
(m) The Commissioners Court shall be authorized to levy and |
|
cause to be assessed and collected for the maintenance, operation |
|
and upkeep of said District and the facilities, properties, and |
|
improvements of said District, whether heretofore or hereafter |
|
constructed or acquired and whether constructed or acquired under |
|
the provisions of this chapter [Act] or otherwise, an annual tax not |
|
to exceed ten cents (10¢) on each One Hundred Dollars ($100) |
|
valuation of taxable property within such District; provided that |
|
the levying of such tax shall be first submitted to the qualified |
|
taxpaying voters of said District called and held as herein |
|
provided for bond elections and the proposition shall be adopted by |
|
a majority vote of those voting at the election. |
|
(m-1) The Commissioners Court shall at the time of levy of |
|
taxes for County purposes each year levy and cause to be assessed |
|
and collected said maintenance tax within such voted limit of ten |
|
cents (10¢) as has been determined by the Board of Navigation and |
|
Canal Commissioners. |
|
(n) The Board of Navigation and Canal Commissioners of said |
|
District shall provide all necessary additional books for the use |
|
of the Assessor and Collector of taxes and the Clerk of the |
|
Commissioners Court of Harris County, Texas. The Tax Assessor of |
|
said Harris County shall be charged with the assessment of all |
|
property for taxation within said District and when ordered to do so |
|
by the Commissioners Court of Harris County shall assess all |
|
property within said Navigation District and list the same for |
|
taxation in the books or rolls furnished him for said purposes, and |
|
return said books or rolls at the same time when he returns the |
|
other books or rolls of the State and County Taxes for correction |
|
and approval to the Commissioners Court of said County, and if said |
|
Court shall find said books or rolls correct they shall approve the |
|
same, and in all matters pertaining to the assessment of property |
|
for taxation in said District, the Tax Assessor and Board of |
|
Equalization of said County shall be authorized to act and shall be |
|
governed by the laws of Texas for assessing and equalizing property |
|
for State and County Taxes, except as herein provided. All taxes |
|
authorized to be levied by this chapter [Act] shall be a lien upon |
|
the property upon which said taxes are assessed, and said taxes may |
|
be paid and shall mature and be paid at the time provided by the laws |
|
of this State for the payment of State and County Taxes; and all the |
|
penalties provided by the laws of this State for the nonpayment of |
|
State and County Taxes shall apply to all taxes authorized to be |
|
levied by this chapter [Act]. The Tax Collector of Harris County |
|
shall be charged with the assessment rolls of said Navigation |
|
District, and is required to make collection of all taxes levied and |
|
assessed against the property in said County and promptly pay over |
|
the same to the Treasurer of the District. The Tax |
|
Assessor-Collector shall receive for such services such |
|
compensation as the Navigation and Canal Commissioners of said |
|
District and said Commissioners Court shall agree upon; and such |
|
compensation shall be paid to the Officers' Salary Fund of the |
|
County. The bond of such Assessor-Collector shall stand as |
|
security for the proper performance of his duties as Tax |
|
Assessor-Collector of such District; or, if in the judgment of the |
|
Navigation and Canal Commissioners of such District it be |
|
necessary, an additional bond payable to such District may be |
|
required, and in all matters pertaining to the collection of taxes |
|
levied under the provisions of this chapter [Act], the Tax |
|
Collector shall be authorized to act and shall be governed by the |
|
laws of the State of Texas for the collection of State and County |
|
Taxes, except as herein provided; and suits may be brought for the |
|
collection of said taxes and the enforcement of the tax liens |
|
created by this chapter [Act]. It shall be the duty of the Tax |
|
Collector to make a certified list of all delinquent property upon |
|
which the navigation tax has not been paid, and return the same to |
|
the County Commissioners Court, which shall proceed to have the |
|
same collected by the sale of such delinquent property in the same |
|
manner, both by suit and otherwise, as now or may be provided for |
|
the sale of property for the collection of State and County Taxes; |
|
and, at the sale of any property for any delinquent tax, the |
|
Navigation and Canal Commissioners may become the purchasers of the |
|
same for the benefit of the Navigation District. Should said Tax |
|
Assessor and Collector fail or refuse to comply with the order of |
|
said Commissioners Court requiring him to assess and list for |
|
taxation all the property in such Navigation District, or fail or |
|
refuse to give such additional bond or security as herein provided, |
|
he shall be suspended from further discharge of his duties by the |
|
Commissioners Court of said County, and he shall be removed from |
|
office in the mode prescribed by law for the removal of county |
|
officers. |
|
(o) The County Treasurer of Harris County shall be treasurer |
|
of said Navigation District, and it shall be his duty to open an |
|
account of all moneys received by him belonging to such District and |
|
all amounts paid out by him. He shall deposit the funds of said |
|
District in such depository or depositories as may be designated by |
|
the Navigation and Canal Commissioners in the manner provided by |
|
law for the selection of a county depository, and such depository so |
|
selected shall be the depository of said district for a period of |
|
two (2) years and until its successor is selected and qualified. |
|
Should the Navigation and Canal Commissioners fail or refuse to |
|
select a depository such depository shall be selected in like |
|
manner by the Commissioners Court. The depository of said district |
|
on April 29, 1957, [at the effective date of this Act] shall |
|
continue to be the depository of the district until its successor is |
|
selected and qualified as herein provided. He shall pay out no |
|
money except upon the conditions provided for in this chapter |
|
[Act], and he shall carefully preserve on file all orders for the |
|
payment of money; and, as often as required by the said |
|
Commissioners Court, he shall render a correct account to them of |
|
all matters pertaining to the financial condition of the district. |
|
The County Treasurer shall execute a good and sufficient bond, |
|
payable to the Navigation and Canal Commissioners of such district |
|
and to their successors in office for the benefit of said district |
|
in an amount to be fixed by the Navigation and Canal Commissioners, |
|
such bond to be conditioned for the faithful performance of his |
|
duties as treasurer of such district and to be approved by said |
|
Navigation and Canal Commissioners; provided whenever any bonds are |
|
issued by such navigation district the County Treasurer before |
|
receiving the proceeds of sale thereof shall execute additional |
|
good and sufficient bond payable to the Navigation and Canal |
|
Commissioners of said district in an amount to be fixed by the |
|
Navigation and Canal Commissioners, which bond shall likewise be |
|
conditioned and approved as aforesaid, but such additional bond |
|
shall not be required after such Treasurer shall have properly |
|
disbursed the proceeds of such bond issue; and the County Treasurer |
|
shall be allowed such compensation for his services as treasurer of |
|
such navigation district as may be determined by said Navigation |
|
and Canal Commissioners, and such compensation shall be paid to the |
|
Officers' Salary Fund of the County. |
|
(p) The Harris County Houston Ship Channel Navigation |
|
District of Harris County, Texas, shall acquire, purchase, lease, |
|
maintain, repair and operate facilities and equipment for |
|
preventing, detecting, controlling and fighting fires on or |
|
adjacent to the waterways, channels and turning basins within its |
|
jurisdiction and for the protection of life and property from |
|
damage by fire and explosion. The District shall promulgate and |
|
enforce ordinances, rules and regulations for the promotion of the |
|
safety of life and property on or adjacent to the waterways, |
|
channels and turning basins within its jurisdiction from damages by |
|
fire and explosion thereon in the manner provided by Chapter 486, |
|
Acts of the 57th Legislature, Regular Session, 1961, as amended. |
|
The powers and functions herein authorized may be exercised both |
|
within and without the corporate limits of any city, town or village |
|
situated within the boundaries of the District. This chapter [Act] |
|
shall be cumulative of all other laws on the subject but in the |
|
event of conflict between this chapter [Act] and any law of this |
|
state or any charter provision or ordinance of any such city, town |
|
or village relating to the subject matter of this chapter [Act], the |
|
provisions of this chapter [Act] shall control. |
|
(q) The Harris County Houston Ship Channel Navigation |
|
District of Harris County, Texas, is authorized to acquire, |
|
purchase, construct, enlarge, extend, repair, maintain, operate, |
|
or develop traffic control facilities and everything appurtenant |
|
thereto, together with all other facilities or aids incident to or |
|
useful in the operation or development of the District's ports and |
|
waterways or in aid of navigation and commerce thereon. The traffic |
|
control facilities shall be financed out of available revenue and |
|
shall not utilize bond revenue funds. |
|
Sec. 5007.009 [3]. REFUNDING OF BONDS HERETOFORE VOTED. |
|
The Commissioners Court shall have the power to issue bonds of the |
|
District to refund bonds of the District which have heretofore been |
|
voted and which are outstanding at the time of the adoption of the |
|
refunding bond order, and no election therefor shall be necessary. |
|
Such refunding bonds shall mature serially or otherwise in not to |
|
exceed forty (40) years from their date, and shall bear interest at |
|
the same or lower rate than the bonds to be refunded unless it is |
|
shown mathematically that a saving will result in the total amount |
|
of interest to be paid. Such refunding bonds shall be approved by |
|
the Attorney General of Texas, and shall be registered by the |
|
Comptroller of Public Accounts of Texas upon surrender and |
|
cancellation of the bonds to be refunded, but in lieu thereof, the |
|
order authorizing their issuance may provide that they shall be |
|
sold and the proceeds thereof deposited in the place or places where |
|
the bonds to be refunded are payable, in which case the refunding |
|
bonds may be issued in an amount sufficient to pay the principal of |
|
the bonds to be refunded and the interest on such bonds to their |
|
option or maturity date, and the Comptroller shall register them |
|
without the surrender and cancellation of the bonds to be refunded. |
|
All such refunding bonds, after they have been approved by the |
|
Attorney General and registered by the Comptroller, shall be |
|
incontestable for any cause except for forgery or fraud. |
|
Sec. 5007.010 [4]. CONSTRUCTION OF CHAPTER [ACT]. This |
|
chapter [Act] shall be cumulative of other laws, and shall be |
|
liberally construed to effectuate the purposes set forth herein. |
|
It is hereby found and declared that all property in the District, |
|
both real and personal, is benefited by the District and by the |
|
improvements and facilities constructed or acquired under this |
|
chapter [Act]. It is expressly provided that nothing in this |
|
chapter [Act] shall be construed to amend, repeal, or affect the |
|
laws relating to pilots, pilotage, their appointment, or their |
|
remuneration. |
|
Sec. 5007.011 [5]. VALIDATION PROVISIONS. Harris County |
|
Houston Ship Channel Navigation District of Harris County, Texas, |
|
is hereby in all things validated, and all acts and governmental |
|
proceedings of the Board of Navigation and Canal Commissioners and |
|
other officials of the District and all acts and governmental |
|
proceedings of the Commissioners Court of Harris County relating to |
|
said District are hereby in all things validated, and the |
|
boundaries of such District are hereby in all things validated, and |
|
all bonds heretofore voted and issued and all elections heretofore |
|
held for the issuance of bonds are hereby in all things validated. |
|
Without in any way limiting the generalization of the foregoing, it |
|
is expressly provided that the election held in said District on the |
|
31st day of January, 1957, at which election Seven Million Dollars |
|
($7,000,000) bonds of said District were authorized, and all |
|
proceedings relating thereto, are hereby in all things validated. |
|
It is provided, however, that this Section shall have no |
|
application to litigation pending on April 29, 1957 [upon the
|
|
effective date of this Act]. |
|
Sec. 5007.012 [5A]. NAME AND TITLE CHANGES. (a) The name |
|
of the Harris County Houston Ship Channel Navigation District of |
|
Harris County, Texas, is changed to the Port of Houston Authority of |
|
Harris County, Texas. |
|
(b) The name of the Board of Navigation and the Canal |
|
Commissioners of the authority is changed to the port commission, |
|
and the title of each member is port commissioner. |
|
(c) The title of general manager of the authority is changed |
|
to executive director. |
|
SUBCHAPTER B. ADMINISTRATION AND PLANNING |
|
Sec. 5007.201. DEFINITIONS. In this subchapter: |
|
(1) "Authority" means the Port of Houston Authority of |
|
Harris County, Texas. |
|
(2) "Executive director" means the executive director |
|
of the authority. |
|
(3) "Port commission" means the navigation and canal |
|
commission of the authority. |
|
(4) "Port commissioner" means a member of the port |
|
commission. |
|
Sec. 5007.202. CONFLICT OF LAWS. To the extent of a |
|
conflict between this subchapter and any other law, including |
|
Subchapter A, this subchapter prevails. |
|
Sec. 5007.203. PROVISIONS NOT APPLICABLE TO AUTHORITY. |
|
Chapter 90, Acts of the 49th Legislature, Regular Session, 1945, |
|
does not apply to the authority. |
|
Sec. 5007.204. SUNSET REVIEW. (a) The authority is subject |
|
to review under Chapter 325, Government Code (Texas Sunset Act), as |
|
if it were a state agency but may not be abolished under that |
|
chapter. The review shall be conducted as if the authority were |
|
scheduled to be abolished September 1, 2017. |
|
(b) The review must assess the authority's governance, |
|
management, and operating structure, and the authority's |
|
compliance with legislative requirements. |
|
(c) The authority shall pay the cost incurred by the Sunset |
|
Advisory Commission in performing a review of the authority under |
|
this section. The Sunset Advisory Commission shall determine the |
|
cost, and the authority shall pay the amount promptly on receipt of |
|
a statement from the Sunset Advisory Commission detailing the cost. |
|
(d) This section expires September 1, 2017. |
|
Sec. 5007.205. GOVERNING BODY; APPOINTMENT; TERMS. (a) The |
|
authority is governed by a port commission of seven port |
|
commissioners appointed by the governor with the advice and consent |
|
of the senate as follows: |
|
(1) five port commissioners from a list of not more |
|
than 20 names submitted to the governor by the Houston-Galveston |
|
Area Council or its successor; and |
|
(2) two port commissioners who are residents of this |
|
state who do not reside in the area served by the Houston-Galveston |
|
Area Council, including Austin, Brazoria, Chambers, Colorado, Fort |
|
Bend, Galveston, Harris, Liberty, Matagorda, Montgomery, Walker, |
|
Waller, or Wharton County. |
|
(b) The governor shall designate the chair of the port |
|
commission from the members appointed. |
|
(c) The port commissioners serve staggered four-year terms |
|
that expire on February 1 of odd-numbered years. |
|
(d) A port commissioner may not serve more than three terms. |
|
(e) The port commission has the rights, powers, and duties |
|
of a navigation board for the purposes of Chapters 61 and 62, Water |
|
Code, and shall act as the navigation board of the authority. |
|
Sec. 5007.206. CONFLICT OF INTEREST. (a) In this section, |
|
"Texas trade association" means a cooperative and voluntarily |
|
joined statewide association of business or professional |
|
competitors in this state designed to assist its members and its |
|
industry or profession in dealing with mutual business or |
|
professional problems and in promoting their common interest. |
|
(b) A person may not be a port commissioner and may not be an |
|
authority employee employed in a "bona fide executive, |
|
administrative, or professional capacity," as that phrase is used |
|
for purposes of establishing an exemption to the overtime |
|
provisions of the federal Fair Labor Standards Act of 1938 (29 |
|
U.S.C. Section 201 et seq.), if: |
|
(1) the person is an officer, employee, or paid |
|
consultant of a Texas trade association in a field relating to |
|
maritime commerce; or |
|
(2) the person's spouse is an officer, manager, or paid |
|
consultant of a Texas trade association in a field relating to |
|
maritime commerce. |
|
(c) A person may not be a port commissioner or act as the |
|
general counsel to the port commission or the authority if the |
|
person is required to register as a lobbyist under Chapter 305, |
|
Government Code, because of the person's activities for |
|
compensation on behalf of a profession related to the operation of |
|
the authority. |
|
(d) A person may not be a port commissioner if the person or |
|
the person's spouse: |
|
(1) is employed by or participates in the management |
|
of a business entity or other organization regulated by or |
|
receiving money from the authority; or |
|
(2) uses or receives a substantial amount of tangible |
|
goods, services, or money from the authority other than |
|
compensation or reimbursement authorized by law for port commission |
|
membership, attendance, or expenses. |
|
Sec. 5007.207. FILING OF FINANCIAL STATEMENT BY PORT |
|
COMMISSIONERS. (a) A port commissioner shall file the financial |
|
statement required of state officers under Subchapter B, Chapter |
|
572, Government Code, with: |
|
(1) the authority; and |
|
(2) the Texas Ethics Commission. |
|
(b) Subchapter B, Chapter 572, Government Code: |
|
(1) applies to a port commissioner subject to this |
|
section as if the port commissioner were a state officer; and |
|
(2) governs the contents, timeliness of filing, and |
|
public inspection of, and civil and criminal penalties relating to, |
|
a statement filed under this section. |
|
Sec. 5007.208. PORT COMMISSIONER TRAINING. (a) A person |
|
who is appointed to and qualifies for office as a port commissioner |
|
may not vote, deliberate, or be counted as a port commissioner in |
|
attendance at a meeting of the port commission until the person |
|
completes a training program that complies with this section. |
|
(b) The training program must provide the person with |
|
information regarding: |
|
(1) the legislation that created the authority; |
|
(2) the programs, functions, policies, rules, and |
|
budget of the authority; |
|
(3) the results of the most recent formal audit of the |
|
authority; |
|
(4) the requirements of laws relating to open |
|
meetings, public information, administrative procedure, financial |
|
disclosure, and conflicts of interest; and |
|
(5) any applicable ethics policies adopted by the port |
|
commission or the Texas Ethics Commission. |
|
(c) A person appointed to the port commission is entitled to |
|
reimbursement for the travel expenses incurred in attending the |
|
training program regardless of whether the attendance at the |
|
program occurs before or after the person qualifies for office. |
|
Sec. 5007.209. REMOVAL FROM OFFICE. (a) It is a ground for |
|
removal from the port commission that a port commissioner: |
|
(1) does not have at the time of taking office the |
|
qualifications required by Section 5007.205; |
|
(2) does not maintain during service on the port |
|
commission the qualifications required by Section 5007.205; |
|
(3) is ineligible for membership under Section |
|
5007.206; |
|
(4) cannot, because of illness or disability, |
|
discharge the port commissioner's duties for a substantial part of |
|
the port commissioner's term; |
|
(5) commits malfeasance in office; or |
|
(6) is absent from more than half of the regularly |
|
scheduled port commission meetings that the port commissioner is |
|
eligible to attend during a calendar year without an excuse |
|
approved by a majority vote of the port commission. |
|
(b) The validity of an action of the port commission is not |
|
affected by the fact that it is taken when a ground for removal of a |
|
port commissioner exists. |
|
(c) If the executive director has knowledge that a potential |
|
ground for removal exists, the executive director shall notify the |
|
chair of the port commission of the potential ground. The chair |
|
shall then notify the governor and the attorney general that a |
|
potential ground for removal exists. If the potential ground for |
|
removal involves the chair, the executive director shall notify the |
|
next highest ranking officer of the port commission, who shall then |
|
notify the governor and the attorney general that a potential |
|
ground for removal exists. |
|
Sec. 5007.210. PORT COMMISSION POLICIES. (a) The port |
|
commission shall adopt detailed policies that document its |
|
governance practices and make those policies available on the |
|
authority's website. |
|
(b) The port commission shall develop and implement |
|
policies that clearly separate the policymaking responsibilities |
|
of the port commission and the management responsibilities of the |
|
executive director and the other employees of the authority. |
|
(c) The port commission shall distribute a copy of all |
|
policies adopted under this subchapter to each port commissioner |
|
and authority employee not later than the third business day after |
|
the date the person begins employment or a term as port |
|
commissioner. |
|
Sec. 5007.211. EXECUTIVE DIRECTOR. (a) The port commission |
|
shall appoint an executive director of the authority for a term not |
|
to exceed two years. The port commission shall prescribe the duties |
|
and compensation of the executive director. The port commission may |
|
delegate to the executive director full authority to manage and |
|
operate the affairs of the authority subject only to orders of the |
|
port commission. |
|
(b) The port commission shall delegate to the executive |
|
director the authority to employ all persons necessary for the |
|
proper handling of the business and operation of the authority and |
|
to determine the compensation to be paid to all employees, other |
|
than the executive director. |
|
(c) The executive director shall execute a bond for $10,000 |
|
conditioned on the faithful performance of the executive director's |
|
duties and other conditions as required by the authority. The bond |
|
must be recorded in a record kept for that purpose in the |
|
authority's office. |
|
Sec. 5007.212. STANDARDS OF CONDUCT; ETHICS POLICY. (a) A |
|
port commissioner or an authority employee should not: |
|
(1) accept or solicit any gift, favor, or service that |
|
might reasonably tend to influence the port commissioner or |
|
employee in the discharge of official duties or that the port |
|
commissioner or employee knows or should know is being offered with |
|
the intent to influence the port commissioner's or employee's |
|
official conduct; |
|
(2) accept other employment or engage in a business or |
|
professional activity that the port commissioner or employee might |
|
reasonably expect would require or induce the port commissioner or |
|
employee to disclose confidential information acquired by reason of |
|
the official position; |
|
(3) accept other employment or compensation that could |
|
reasonably be expected to impair the port commissioner's or |
|
employee's independence of judgment in the performance of the port |
|
commissioner's or employee's official duties; |
|
(4) make personal investments that could reasonably be |
|
expected to create a substantial conflict between the port |
|
commissioner's or employee's private interest and the public |
|
interest; or |
|
(5) intentionally or knowingly solicit, accept, or |
|
agree to accept any benefit for having exercised the port |
|
commissioner's or employee's official powers or performed the port |
|
commissioner's or employee's official duties in favor of another. |
|
(b) The port commission shall adopt a written ethics policy |
|
for the port commissioners and authority employees consistent with |
|
the standards prescribed by Subsection (a). |
|
Sec. 5007.213. ETHICS AFFIRMATION AND HOTLINE. (a) A port |
|
commissioner or an authority employee shall annually affirm the |
|
port commissioner's or employee's adherence to the ethics policy |
|
adopted under Section 5007.212. |
|
(b) The port commission shall establish and operate a |
|
telephone hotline that enables a person to call the hotline number, |
|
anonymously or not anonymously, to report alleged fraud, waste, or |
|
abuse or an alleged violation of the ethics policy adopted under |
|
Section 5007.212. |
|
Sec. 5007.214. COMPLAINTS. (a) The authority shall |
|
maintain a system to promptly and efficiently act on complaints |
|
filed with the authority. The authority shall maintain information |
|
about parties to the complaint, the subject matter of the |
|
complaint, a summary of the results of the review or investigation |
|
of the complaint, and its disposition. |
|
(b) The authority shall make information available to the |
|
public, including on the authority's website, describing its |
|
procedures for complaint investigation and resolution. |
|
(c) The authority shall periodically notify the complaint |
|
parties of the status of the complaint until final disposition. |
|
(d) The authority shall develop a standard form and a |
|
procedure for submitting complaints to the authority and shall make |
|
that form and procedure available on the authority's website. The |
|
authority shall also make available on its website clear |
|
information about what a person making a complaint should expect |
|
after the complaint is filed, including timelines for response and |
|
resolution. |
|
(e) The authority shall compile detailed statistics and |
|
analyze trends on complaint information, including: |
|
(1) the nature of the complaints; |
|
(2) the disposition of the complaints; and |
|
(3) the length of time to resolve complaints. |
|
(f) Authority staff shall report the information compiled |
|
under Subsection (e) to senior management as designated by the |
|
executive director and the port commission on a regular basis. |
|
Sec. 5007.215. PUBLIC INVOLVEMENT POLICY. The port |
|
commission shall develop and implement a policy that provides a |
|
structure for public involvement. The policy must include: |
|
(1) a clear and detailed description of how the |
|
authority will seek to actively engage stakeholders; |
|
(2) specific actions the authority will take to meet |
|
or exceed the requirements of laws related to open meetings; and |
|
(3) strategies that include use of the authority's |
|
website to make available clear, updated information on issues of |
|
public concern. |
|
Sec. 5007.216. WHISTLEBLOWER POLICY. The port commission |
|
shall adopt a whistleblower policy consistent with Chapter 554, |
|
Government Code. |
|
Sec. 5007.217. EXPENSE POLICY. The port commission shall |
|
adopt an expense policy that includes: |
|
(1) spending guidelines for meals, lodging, and |
|
entertainment, including a process for handling and documenting |
|
exceptions to the guidelines if business needs require an |
|
exception; |
|
(2) clear expense report protocols, including: |
|
(A) the use of cash advances; |
|
(B) the separation of reports from port |
|
commissioners and authority employees; and |
|
(C) clear lines of accountability for the |
|
submission of reports; and |
|
(3) a prohibition on the use of authority funds for a |
|
meal for a port commissioner or an authority employee that is not |
|
part of approved travel for authority business or part of a |
|
business-related function with outside parties. |
|
Sec. 5007.218. PROMOTION AND DEVELOPMENT FUND. (a) In this |
|
section, "promotion and development fund" means a fund created and |
|
managed under Subchapter H, Chapter 60, Water Code. |
|
(b) The port commission shall adopt clear, complete policy |
|
and procedures to govern the use of the promotion and development |
|
fund. The policy and procedures must include: |
|
(1) provisions limiting acceptable uses of promotion |
|
and development fund money to uses with a direct tie to the mission |
|
of the authority; |
|
(2) a consistent budget process; |
|
(3) a process for requesting sponsorship funds by port |
|
commissioners, authority employees, and outside groups; |
|
(4) an approval process for each type of expenditure |
|
from the promotion and development fund, including: |
|
(A) the level of approval or notification |
|
required for authority employees, applicable task forces, and the |
|
port commission; and |
|
(B) a requirement that each approved expenditure |
|
must include a description of: |
|
(i) the expected impact of the expenditure; |
|
and |
|
(ii) how the expenditure is consistent with |
|
the strategic direction for promotion and development fund money as |
|
adopted by the port commission; |
|
(5) a procedure for handling exceptions to the policy, |
|
including a requirement that an exception be subject to the same |
|
reporting requirements as other approved expenditures from the |
|
promotion and development fund; |
|
(6) a provision for evaluating the policy's |
|
effectiveness and having the port commission adopt updates to the |
|
policy as needed at regularly scheduled public meetings; and |
|
(7) requirements for regular tracking of all |
|
expenditures from the promotion and development fund and reporting |
|
of the expenditures to the port commission and to the public by |
|
making the reports available on the authority's website. |
|
(c) A report described by Subsection (b)(7) must include |
|
detailed information about: |
|
(1) travel by port commissioners; |
|
(2) special uses of the authority's resources, |
|
including the use of any public tour vessels and the associated |
|
costs, sorted by authority division; |
|
(3) sponsorship and similar spending; and |
|
(4) total expenditures from the promotion and |
|
development fund, including year-to-date summary information by |
|
category of expenditure. |
|
Sec. 5007.219. PLANNING DEFINITIONS. For the purposes of |
|
Sections 5007.220, 5007.221, 5007.223, and 5007.224: |
|
(1) "Long-range plan" means the plan developed under |
|
Section 5007.220. |
|
(2) "Mid-range plan" means the plan developed under |
|
Section 5007.221. |
|
(3) "One-year capital plan" means the plan developed |
|
under Section 5007.223. |
|
(4) "Staff" means one or more authority employees and |
|
does not include a port commissioner. |
|
Sec. 5007.220. LONG-RANGE PLANNING. (a) Appropriate staff |
|
shall develop a long-range plan containing: |
|
(1) a mission and values statement; |
|
(2) an assessment of the authority's state as of the |
|
date of the plan; |
|
(3) an assessment of the projected operating |
|
environment over the course of the long-range plan; |
|
(4) a discussion of high-level goals, strategies, and |
|
priorities; |
|
(5) a scheme for ongoing evaluation of progress toward |
|
stated goals, including performance measures; and |
|
(6) other strategic planning elements, as considered |
|
appropriate by the staff or port commission. |
|
(b) The port commission shall establish a planning horizon |
|
of at least 10 years for the long-range plan. |
|
(c) The staff shall identify and collaborate with |
|
stakeholders to obtain input on the long-range plan. |
|
(d) The port commission may amend and shall adopt the plan |
|
and any updates to the plan in an open meeting. |
|
(e) The staff shall provide annual progress updates |
|
according to performance measures developed under Subsection |
|
(a)(5). The staff shall present a report on the annual progress to |
|
the port commission. |
|
(f) The staff shall complete a comprehensive reevaluation |
|
and update of the long-range plan at least every five years, or more |
|
frequently if the port commission finds that conditions warrant a |
|
more frequent update. |
|
Sec. 5007.221. MID-RANGE PLANNING. (a) Appropriate staff |
|
shall develop a mid-range plan consistent with the long-range plan. |
|
The mid-range plan must include: |
|
(1) a five-year financial forecast addressing the |
|
financial needs and financing options of the authority for the |
|
five-year period, with information about the relative cost of the |
|
options; |
|
(2) a five-year capital plan, including a preliminary |
|
analysis and prioritization of projects; and |
|
(3) other detailed action plans as the port commission |
|
or staff finds necessary to achieve the goals of the mid-range plan |
|
or long-range plan. |
|
(b) The staff shall present the mid-range plan in an open |
|
meeting of the port commission. The port commission is not required |
|
to adopt a mid-range plan. |
|
Sec. 5007.222. BUDGET. The port commission shall annually |
|
adopt a budget for the authority in an open meeting. |
|
Sec. 5007.223. ONE-YEAR CAPITAL PLAN. (a) Appropriate |
|
staff shall develop a one-year capital plan, including associated |
|
financing, that is integrated with the budget of the authority. |
|
(b) The port commission shall adopt the one-year capital |
|
plan in an open meeting. |
|
(c) The port commission shall establish and document a |
|
detailed process for the analysis and approval of a project |
|
proposed for inclusion in the one-year capital plan. A project may |
|
be included in the one-year capital plan only if it is approved in |
|
accordance with that process. |
|
Sec. 5007.224. PUBLIC ACCESS TO BUDGET AND PLANNING |
|
INFORMATION. (a) The port commission shall post on the authority's |
|
website and otherwise make available to the public the authority's |
|
most recently adopted budget and any plan adopted by the port |
|
commission at an open meeting, including the long-range plan, |
|
mid-range plan, one-year capital plan, and updates to that budget |
|
or those plans. |
|
(b) The port commission may redact sensitive business |
|
information from the plans made publicly available under this |
|
section. |
|
Sec. 5007.225. INTERNAL AUDIT. (a) The port commission |
|
shall establish an internal audit procedure consistent with the |
|
purposes, duties, and standards for state agency internal audit |
|
procedures under Chapter 2102, Government Code. |
|
(b) The port commission shall create an internal audit task |
|
force consisting of port commissioners. |
|
(c) The port commission shall employ a chief audit |
|
executive, who shall report to the internal audit task force. The |
|
chief audit executive shall coordinate all audit activity, |
|
including: |
|
(1) compliance reviews; |
|
(2) reviews of internal controls; |
|
(3) audits by the county auditor of Harris County; |
|
(4) contracted audits; |
|
(5) performance reviews; and |
|
(6) investigations of alleged fraud, waste, abuse, or |
|
ethics violations reported under Section 5007.213(b). |
|
(d) The chief audit executive shall monitor the authority's |
|
compliance with statutory requirements governing use of the |
|
promotion and development fund, as defined by Section 5007.218(a). |
|
(e) The port commission shall create, approve, and make |
|
available on the authority's website a risk-based annual audit |
|
plan. |
|
(f) The port commission shall make internal audits |
|
available on request to: |
|
(1) the county auditor of Harris County; |
|
(2) the Houston-Galveston Area Council; and |
|
(3) the governor. |
|
Sec. 5007.226. HARRIS COUNTY AUDITOR. (a) The county |
|
auditor of Harris County may conduct a financial audit of the |
|
authority as part of an annual, county-wide risk assessment and |
|
audit plan. |
|
(b) The county auditor of Harris County may not conduct an |
|
operational audit of the authority or any audit that exceeds the |
|
scope of the audit described in Subsection (a). |
|
(c) The authority shall reimburse the county auditor of |
|
Harris County for an audit conducted under Subsection (a), |
|
according to standard rates agreed to by the authority and the |
|
county before an audit is scheduled or performed. The rates shall |
|
be updated periodically. |
|
(d) Sections 60.204(c) and 61.174(b) and (c), Water Code, do |
|
not apply to the authority. |
|
SECTION 2. (a) The terms of the port commissioners of the |
|
Port of Houston Authority of Harris County, Texas, serving on the |
|
effective date of this Act expire on September 1, 2013. |
|
(b) Not later than September 2, 2013, the governor shall |
|
make the appointments required by Section 5007.205, Special |
|
District Local Laws Code, as added by this Act. |
|
(c) Notwithstanding Section 5007.205(c), Special District |
|
Local Laws Code, as added by this Act, the terms of the initial port |
|
commissioners appointed by the governor under that section shall |
|
expire as follows: |
|
(1) three port commissioners appointed under Section |
|
5007.205(a)(1) and one port commissioner appointed under Section |
|
5007.205(a)(2) shall serve terms expiring February 1, 2015; and |
|
(2) two port commissioners appointed under Section |
|
5007.205(a)(1) and one port commissioner appointed under Section |
|
5007.205(a)(2) shall serve terms expiring February 1, 2017. |
|
(d) A person serving on the port commission of the Port of |
|
Houston Authority of Harris County, Texas, on November 13, 2012, is |
|
not eligible for appointment to the port commission after September |
|
1, 2013. |
|
SECTION 3. (a) Not later than December 1, 2013, the port |
|
commissioners of the Port of Houston Authority of Harris County, |
|
Texas, shall adopt the policies, plans, and procedures necessary to |
|
implement Subchapter B, Chapter 5007, Special District Local Laws |
|
Code, as added by this Act. |
|
(b) Notwithstanding Section 5007.210, Special District |
|
Local Laws Code, as added by this Act, a policy adopted by the port |
|
commission of the Port of Houston Authority of Harris County, |
|
Texas, shall be distributed to: |
|
(1) each port commissioner and authority employee who |
|
holds the office of commissioner or is employed by the authority on |
|
September 1, 2013, not later than December 1, 2013; |
|
(2) each employee hired after September 1, 2013, not |
|
later than the third business day after the date the person begins |
|
employment with the authority or December 1, 2013, whichever is |
|
later; and |
|
(3) each port commissioner whose term of office begins |
|
after September 1, 2013, not later than the third business day after |
|
the date the person qualifies for office or December 1, 2013, |
|
whichever is later. |
|
SECTION 4. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 5. This Act takes effect September 1, 2013. |