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A BILL TO BE ENTITLED
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AN ACT
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relating to improvement projects of the Sabine-Neches Navigation |
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District of Jefferson County, Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 6B(b), (c), and (e), Chapter 1472, Acts |
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of the 77th Legislature, Regular Session, 2001, are amended to read |
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as follows: |
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(b) The district is the project sponsor of the existing |
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Sabine-Neches Waterway and any [the] improvement project |
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authorized by the Water Resources Reform and Development Act of |
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2014 (Pub. L. No. 113-121) or any other federal development |
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initiative to improve an existing facility of the district, [and] |
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deepen the Sabine-Neches Waterway, or widen the Sabine-Neches |
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Waterway. The district is also the nonfederal cost-sharing sponsor |
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of an [the] improvement project under this section. The commission |
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shall make a determination on matters that may be required or |
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desirable as a project sponsor to implement an [the] improvement |
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project under this section. |
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(c) In the district's capacity as the project sponsor of an |
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[the] improvement project under this section, the district is |
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authorized to enter into any contract, agreement, including an |
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economic development agreement, or lease as necessary or convenient |
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to carry out any of the district's powers granted under this |
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section. A contract, agreement, or lease, including any amendments |
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to a contract, agreement, or lease, may provide any terms and |
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conditions, and be for any term of years, as the commission |
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determines are in the best interests of the district. The contract, |
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agreement, or lease may be entered into with any person, political |
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subdivision, or governmental agency, including the United States, |
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the secretary of the army or the secretary of the army's designees, |
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the Army Corps of Engineers, any local government, any county |
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government, any special district or authority, any local government |
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corporation, any transportation corporation, any tax increment |
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reinvestment zone, the State of Texas, any agency of the State of |
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Texas, and any other entity. The district is authorized to enter |
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into contracts with a private entity to develop or operate any part |
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of an [the] improvement project under Chapter 2267, Government |
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Code, and those contracts may provide that the private entity: |
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(1) perform all or any part of the district's |
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obligations under contracts or agreements with the United States; |
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and |
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(2) use revenue or other money from the improvement |
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project to prepay for duties or tariffs, including duties or |
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tariffs that may not be effective until the improvement project is |
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partially or wholly completed, which may be credited against future |
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duties or tariffs. |
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(e) The district is not required to obtain approval from the |
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Texas Commission on Environmental Quality for the district's |
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contracts or financing related to an [the] improvement project |
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under this section. Any contracts or agreements of the district may |
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be renewed or extended, and any time warrants or maintenance notes |
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may be refunded in the manner provided by general law. |
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SECTION 2. (a) The legislature validates and confirms all |
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governmental acts and proceedings of the Sabine-Neches Navigation |
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District of Jefferson County that were taken before the effective |
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date of this Act. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 3. 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, 2023. |