86R9040 SLB-F
  By: Hinojosa S.B. No. 755
  relating to the administration, powers, and duties of certain
  navigation districts.
         SECTION 1.  Subchapter C, Chapter 62, Water Code, is amended
  by adding Section 62.0725 to read as follows:
         Sec. 62.0725.  EXECUTIVE DIRECTOR. (a)  The commission may
  employ an executive director of the district. If the commission
  employs an executive director, the commission must prescribe the
  duties and compensation of the executive director.
         (b)  By rule, order, or resolution, the commission may
  delegate to an executive director the full authority necessary to
  manage the affairs of the district subject only to orders of the
  commission, including the authority to:
               (1)  employ persons necessary for the operation of the
  district and to determine the compensation of those persons; or
               (2)  perform any act on behalf of the district, as
  authorized by the commission.
         (c)  The duties of an executive director may be performed by
  a general manager or chief executive officer.
         SECTION 2.  The heading to Section 62.077, Water Code, is
  amended to read as follows:
         SECTION 3.  Section 62.077(c), Water Code, is amended to
  read as follows:
         (c)  The [amount of compensation for employees and] fees of
  counsel shall be determined by the commission.
         SECTION 4.  Section 62.113, Water Code, is amended to read as
         Sec. 62.113.  FORM OF CONTRACTS. All contracts made by the
  district [commission] shall be in writing and signed by the
  contractors [and at least two of the commissioners], the executive
  director of the district,[or] an authorized representative of the
  executive director, or a person to whom the duties of executive
  director have been delegated.
         SECTION 5.  The heading to Section 62.115, Water Code, is
  amended to read as follows:
         Sec. 62.115.  SUPERVISION OF WORK[; REPORT].
         SECTION 6.  Section 62.115(a), Water Code, is amended to
  read as follows:
         (a)  Unless done under the supervision of the United States,
  all work contracted for by the district [commission] shall be done
  under the supervision of a representative of the district
         SECTION 7.  Sections 62.116(a) and (b), Water Code, are
  amended to read as follows:
         (a)  A representative of the district [The commission] shall
  inspect the progress of work being done under a contract, and on
  completion of the contract, the district's chief financial officer
  [commission] shall draw a warrant on the county treasurer or issue a
  check payable to the contractor or the contractor's [his] assignee
  for the amount of the contract price. The warrant or check shall be
  paid out of the construction and maintenance fund or the operating
  fund of the district.
         (b)  If the district [commission] considers it advisable,
  the district [it] may contract for work to be paid for in partial
  payments as the work progresses. [The partial payments may not
  exceed in the aggregate eighty percent of the total amount to be
  paid under the contract.]  The amount of work completed at the time
  of the partial payment shall be shown by a certificate of a
  representative of the district [engineer].
         SECTION 8.  Section 62.122(a), Water Code, is amended to
  read as follows:
         (a)  The [Except as provided by Subsection (b), the]
  commission may authorize the executive director to sell, destroy,
  donate, or otherwise dispose of the district's [periodically
  dispose of] surplus or salvage personal property by any method the
  executive director or the executive director's designee determines
  is in the best interest of the district [in the same manner as the
  commissioners court of a county under Subchapter D, Chapter 263,
  Local Government Code].
         SECTION 9.  Section 62.152, Water Code, is amended to read as
         Sec. 62.152.  PAYMENT OF EXPENSES [WARRANTS].  The district
  [commission] may draw warrants or issue checks:
               (1)  to pay for [legal] services;
               (2)  to pay the compensation [salary] of [the engineer,
  his assistant, and any other] employees; and
               (3)  to pay all expenses incident to operation of the
         SECTION 10.  Section 62.153, Water Code, as amended by
  Chapters 398 (S.B. 1131) and 427 (S.B. 1395), Acts of the 85th
  Legislature, Regular Session, 2017, is reenacted and amended to
  read as follows:
         Sec. 62.153.  DUTIES OF DISTRICT TREASURER. (a) The
  district treasurer shall:
               (1)  open an account for all funds received by the
  district treasurer for the district and all district funds which
  the treasurer pays out;
               (2)  pay out money on vouchers signed by the chairman of
  the commission, any two members of the commission, or the
  commissioners court, or any two of any number of persons delegated
  by the commission with authority to sign vouchers, provided that
  the commission may, in such delegation, limit the authority of such
  persons and may require that each furnish a fidelity bond in such
  amount as the commission shall specify and subject to commission
               (3)  carefully preserve all orders for the payment of
  money; and
               (4)  render a correct account to the commissioners
  court of all matters relating to the financial condition of the
  district as often as required by the commissioners court.
         (b)  The district treasurer is not[; and
               [(5)  not be] required to sign a check drawn on a
  depository selected under Section 62.156, unless the district
  treasurer is the designated officer of the district, as defined by
  Section 60.271(g).
         (c) [(b)]  A designated officer of a district may make a
  payment on behalf of the district by a check drawn on a depository
  selected under Section 62.155 in a manner consistent with the
  payment procedures adopted under Section 60.271(f) without
  authorization by the district treasurer.
         SECTION 11.  The following provisions of the Water Code are
               (1)  Section 62.076;
               (2)  Section 62.077(a);
               (3)  Section 62.115(b); and
               (4)  Section 62.122(b).
         SECTION 12.  To the extent of any conflict, this Act controls
  over another Act of the 86th Legislature, Regular Session, 2019,
  relating to nonsubstantive additions to and corrections in enacted
         SECTION 13.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2019.