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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 act to prevent, detect, and fight a fire |
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or explosion, and to prevent, detect, and address a hazardous |
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material incident that occurs on or adjacent to a waterway, |
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channel, or turning basin that is located in the district's |
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territory, regardless of whether the waterway, channel, or turning |
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basin is located in the corporate limits of a municipality. |
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SECTION 2. Section 60.101(a), Water Code, is amended to |
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read as follows: |
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(a) Any district may acquire land or interests in land by |
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purchase, lease, or otherwise, may convey the land or interest in |
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the land by lease, installment sale, or otherwise, and may |
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purchase, construct, enlarge, extend, repair, maintain, operate, |
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develop, sell by installment sale, or otherwise, and lease as |
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lessor or as lessee: |
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(1) wharves and docks; |
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(2) warehouses, grain elevators, other storage |
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facilities, and bunkering facilities; |
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(3) port-related railroads and bridges; |
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(4) floating plants and facilities; |
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(5) lightering, cargo-handling, and towing |
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facilities; |
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(6) everything appurtenant to these facilities; |
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(7) facilities and equipment necessary to exercise the |
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district's powers under Section 60.0726; and |
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(8) [(7)] all other facilities or aids incidental to |
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or useful in the operation or development of the district's ports |
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and waterways or in aid of navigation and navigation-related |
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commerce in the ports and on the waterways. |
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SECTION 3. 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 schedule of rates, fees, |
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charges, rules, and ordinances, including a limitation of liability |
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for cargo loss or damage, that relates to receiving, delivering, |
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handling, or storing property at a district facility and that is |
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made available to the public on the district's Internet website is |
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enforceable by an appropriate court as an implied contract between |
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the district and a person using the district's facilities or |
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waterways without proof of actual knowledge of the schedule's |
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provisions. |
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SECTION 4. 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 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, 2021. |