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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of navigation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 60, Water Code, is amended |
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by adding Section 60.0726 to read as follows: |
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Sec. 60.0726. FIRES, EXPLOSIONS, AND HAZARDOUS MATERIALS |
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INCIDENTS. A district may respond to and fight a fire, explosion, |
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or hazardous material incident that occurs on or adjacent to a |
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waterway, channel, or turning basin that is located in the |
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district's territory, regardless of whether the waterway, channel, |
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or turning basin is located in the corporate limits of a |
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municipality. |
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SECTION 2. Section 60.101, Water Code, is amended by adding |
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Subsection (e) to read as follows: |
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(e) A district may acquire, purchase, lease, maintain, |
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repair, and operate facilities and equipment for the purposes of |
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protecting life and property by detecting, responding to, and |
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fighting fires, explosions, and hazardous materials incidents |
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described by Section 60.0726. |
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SECTION 3. Section 60.103, Water Code, is amended to read as |
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follows: |
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Sec. 60.103. PRESCRIBING FEES AND CHARGES. The district |
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[commission] shall prescribe fees and charges to be collected for |
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the use of the land, improvements, and facilities of the district |
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and for the use of any land, improvements, or facilities acquired |
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under the provisions of this subchapter. The fees and charges shall |
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be reasonable, equitable, and sufficient to produce revenue |
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necessary to exercise the powers described by Section 60.101 and |
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adequate to pay the expenses described by [mentioned in] Section |
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60.105 [of this code]. |
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SECTION 4. Subchapter Q, Chapter 60, Water Code, is amended |
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by adding Section 60.502 to read as follows: |
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Sec. 60.502. IMPLIED CONTRACTS. (a) A schedule of rates, |
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fees, charges, rules, and ordinances, including a limitation of |
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liability for cargo loss or damage, that relates to receiving, |
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delivering, handling, or storing property at a district facility |
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and that is made available to the public on the district's Internet |
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website is enforceable by an appropriate court as an implied |
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contract between the district and a person using the district's |
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facilities or waterways without proof of actual knowledge of the |
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schedule's provisions. |
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(b) A rate, fee, charge, rule, or ordinance is only |
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enforceable under this section if the rate, fee, charge, rule, or |
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ordinance is authorized by: |
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(1) a section of this code other than this section; or |
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(2) 33 U.S.C. Section 2236. |
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(c) In the event of a conflict or inconsistency between an |
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implied contract under this section and an express contract between |
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the district and the person using the district's facilities or |
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waterways, the terms of the express contract govern and control. |
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SECTION 5. Sections 62.123(b) and (d), Water Code, are |
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amended to read as follows: |
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(b) No franchise shall be granted for longer than 50 years |
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nor shall a franchise be granted except on the affirmative vote of a |
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majority of the commissioners present at a meeting [three separate |
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meetings] of the commission [which meetings may not be closer |
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together than one week]. |
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(d) The franchise shall require the grantee to file the |
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grantee's written acceptance of the franchise within 30 days after |
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the franchise is granted [finally approved] by the commission. |
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SECTION 6. 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, 2021. |