87R22691 MP-D
 
  By: Alvarado, et al. S.B. No. 1774
 
  (Canales)
 
  Substitute the following for S.B. No. 1774:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the conveyance of certain real property by certain
  navigation districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 60, Water Code, is amended
  by adding Section 60.0381 to read as follows:
         Sec. 60.0381.  CONVEYANCE OF LAND BY CERTAIN NAVIGATION
  DISTRICTS. (a) This section applies only to:
               (1)  a district that controls a ship channel or
  waterway that is the subject of a project that has been authorized
  or modified by the United States Congress in the Water Resources
  Development Act of 2016 (Pub. L. No. 114-322, Title I, 130 Stat.
  1632) or the Water Resources Development Act of 2020 (Pub. L. No.
  116-260, Div. AA, 134 Stat. 2615); and
               (2)  a lease entered into before the effective date of
  the Act enacting this section.
         (b)  Notwithstanding any other provision of law, including
  Section 5007.004, Special District Local Laws Code, to the extent
  that a district has entered into a surface lease with an original
  term of at least 20 years, the district may sell the land,
  improvements, easements, and any other interests in the real
  property or any part of the real property to the surface lease
  counterparty according to this section. The land, improvements,
  easements, and any other interests in real property may be conveyed
  by the district to the surface lease counterparty, without
  complying with the notice and bidding or other requirements of
  Sections 60.040-60.042.  The sale must be:
               (1)  approved by the port commission;
               (2)  executed by the chair of the port commission;
               (3)  attested by the executive director of the
  district; and
               (4)  made for an amount that is not less than the
  reasonable market value of the land, improvements paid for by the
  district, easements, or other interest in real property, as
  applicable, at the time of contracting for the sale.
         (c)  Money received from the sale of real property as
  described by this section in excess of the sum of the reasonable
  market value of the property and the amount of rent due for the
  unexpired term of the surface lease may be used only for the purpose
  of a project that has been authorized or modified by the United
  States Congress in the Water Resources Development Act of 2016
  (Pub. L. No. 114-322, Title I, 130 Stat. 1632) or the Water
  Resources Development Act of 2020 (Pub. L. No. 116-260, Div. AA, 134
  Stat. 2615).
         (d)  A district may not sell land under this section to an
  entity that presents an undue security or safety risk to this state
  because of potential sabotage to or subversion of the integrity,
  operation, or maintenance of a ship channel or waterway of this
  state.
         SECTION 2.  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, 2021.