By: Hinojosa S.B. No. 755

(In the Senate - Filed February 11, 2019; March 1, 2019, read first time and referred to Committee on Transportation; April 4, 2019, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; April 4, 2019, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 755 By: Hinojosa

A BILL TO BE ENTITLED

AN ACT

relating to the administration, powers, and duties of certain navigation districts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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:

Sec. 62.077. [ASSISTANT ENGINEERS AND EMPLOYEES;] COUNSEL[; SALARIES AND FEES].

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 follows:

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 [engineer].

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 follows:

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 district.

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; AUTHORITY OF DESIGNATED OFFICER. (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 approval;

(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 repealed:

(1) Section 62.076;

(2) Section 62.077(a); and

(3) Section 62.115(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 codes.

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.

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