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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of the Port of Port Arthur |
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Navigation District of Jefferson County, including the authority to |
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impose taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11, Chapter 197, Acts of the 58th |
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Legislature, Regular Session, 1963, is amended to read as follows: |
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Sec. 11. Each commissioner shall receive for performing |
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duties as a commissioner compensation and benefits set by the Board |
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of Port Commissioners plus actual traveling expenses. The Board of |
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Port Commissioners shall set the compensation and benefits of the |
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secretary, general manager, attorneys, engineers, and all other |
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employees, and said board shall set and determine the term and time |
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of employment of all officers and employees of the district; |
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provided that all officers and employees of the district, except |
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the commissioners themselves, shall hold their offices subject to |
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the will of the Board of Port Commissioners. |
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SECTION 2. Section 23, Chapter 197, Acts of the 58th |
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Legislature, Regular Session, 1963, is amended to read as follows: |
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Sec. 23. The [Commissioners Court of Jefferson County,
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Texas, shall, upon requisition of the] Board of Port Commissioners |
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shall impose[, levy] taxes necessary to pay the interest on the |
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bonded debt and to create a sinking fund to retire the principal |
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thereof, as well as a maintenance tax for said district within the |
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limitations prescribed by this Act. In all matters pertaining to |
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the imposition [levying and assessing] of taxes[, the equalization
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thereof, and the collection of same,] and the duties of all officers |
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in connection therewith, the laws of the State of Texas for the |
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imposition [assessing, levying and collecting] of [state and
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county] taxes shall apply, and such duties shall be done and |
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performed by the officers charged with imposing [the collection of
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state and county] taxes. Said taxes shall be deposited with the |
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depository or depositories of said district at the times and in the |
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manner provided by law for depositing county taxes in the county |
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depository, and such officers shall furnish such bonds and receive |
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such compensation for their services as is now being paid for like |
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services, and said district shall have a lien upon all property |
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against which taxes may be levied and assessed, enforceable under |
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the same law and in the same manner as a lien securing state and |
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county taxes. Limitation shall not run against the district as a |
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bar to the collection of any taxes or other public charges of the |
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district. |
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SECTION 3. (a) The following actions of the Port of Port |
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Arthur Navigation District are validated and confirmed in all |
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respects as if the actions had been done as authorized by law: |
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(1) all acts and proceedings of the district taken |
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before the effective date of this Act; and |
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(2) the issuance of any bonds or the imposition of |
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taxes, including maintenance and operations taxes, in furtherance |
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of any bonds issued by the district. |
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(b) A governmental act or proceeding of the district |
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occurring after an act or proceeding validated by this Act may not |
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be held invalid on the ground that the prior act or proceeding, in |
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the absence of this Act, was invalid. |
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(c) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final |
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judgment of a court of competent jurisdiction; or |
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(2) has been held invalid by a final judgment of a |
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court of competent jurisdiction. |
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SECTION 4. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |