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A BILL TO BE ENTITLED
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AN ACT
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relating to powers and duties of navigation districts and the |
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boards of trustees of municipal port facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 60.403, Water Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) A port commission, an authorized designated officer of |
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the port commission, the executive director of the district or the |
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port authority, or an authorized representative of the executive |
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director may make routine purchases or contracts in an amount not to |
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exceed $50,000, provided that a port commission may delegate |
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authority to an authorized designated officer of the port |
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commission, the executive director of the district or the port |
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authority, or an authorized representative of the executive |
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director to make routine purchases or contracts in an amount not to |
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exceed $100,000. |
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SECTION 2. Section 60.4035(a), Water Code, is amended to |
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read as follows: |
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(a) Notwithstanding the competitive bidding requirements |
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and proposal procedures of this subchapter and Subchapter O and the |
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requirements of Sections 60.408(a), (b), (c), (d), and (e), the |
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executive director of a district or an officer of a district |
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authorized in writing by the port commission may make emergency |
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purchases or contracts or emergency amendments to existing purchase |
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orders or contracts in an amount that exceeds the amount authorized |
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under Section 60.403(a) for routine purchases or contracts if |
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necessary: |
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(1) to preserve or protect the public health and |
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safety of the residents of the district; |
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(2) to preserve the property of the district in the |
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case of a public calamity; |
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(3) to repair unforeseen damage to the property of the |
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district; [or] |
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(4) to respond to security directives issued by: |
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(A) the federal Department of Homeland Security, |
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including the Transportation Security Administration; |
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(B) the United States Coast Guard; |
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(C) the federal Department of Transportation, |
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including the Maritime Administration; or |
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(D) another federal or state agency responsible |
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for domestic security; or |
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(5) to respond to an emergency related to (A) supply |
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chain disruptions or shortages or (B) other disruptions or |
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stoppages of the operations of the district, which does not permit |
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the delay incident to the competitive process, or undue cost, |
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without harm to the welfare of the district. |
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SECTION 3. Section 60.412(a), Water Code, is amended to |
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read as follows: |
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(a) A contract for a purchase is exempt from the competitive |
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bidding requirements and proposal procedures of this subchapter and |
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Subchapter O if a contract is for the purchase of: |
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(1) an item that must be purchased in a case of public |
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calamity if it is necessary to make the purchase promptly to relieve |
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the necessity of the citizens or to preserve the property of the |
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district or port authority; |
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(2) an item necessary to preserve or protect the |
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public health or the safety of the residents of the district or port |
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authority; |
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(3) an item made necessary by unforeseen damage to the |
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property of the district or port authority; |
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(4) a personal or professional service; |
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(5) any work performed and paid for by the day as the |
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work progresses; |
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(6) any land or right-of-way; |
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(7) an item that can be obtained only from one source, |
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including: |
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(A) items for which competition is precluded |
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because of the existence of patents, copyrights, secret processes, |
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or natural monopolies; |
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(B) films, manuscripts, or books; |
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(C) public utility services; and |
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(D) captive replacement parts or components for |
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equipment; |
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(8) any item necessary to secure a district or port |
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authority during a period of heightened security as determined by: |
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(A) the federal Department of Homeland Security, |
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including the Transportation Security Administration; |
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(B) the United States Coast Guard; |
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(C) the United States Bureau of Customs and |
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Border Protection; |
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(D) the Federal Bureau of Investigation; |
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(E) the federal Department of Transportation, |
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including the Maritime Administration; or |
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(F) another federal, state, or local agency; [or] |
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(9) an item from the United States, including any |
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agency thereof, or from this state, including an agency of this |
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state; or |
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(10) to respond to an emergency related to (A) supply |
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chain disruptions or shortages or (B) other disruptions or |
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stoppages of the operations of the district, which does not permit |
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the delay incident to the competitive process, or undue cost, |
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without harm to the welfare of the district. |
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SECTION 4. Subchapter Q, Chapter 60, Water Code, is amended |
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by adding Sections 60.503 and 60.504 to read as follows: |
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Sec. 60.503. COMMUNITY PROGRAMS. (a) In this section: |
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(1) "Historically underutilized business" has the |
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meaning assigned by Section 2161.001, Government Code. |
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(2) "Local business" means a business concern with a |
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principal place of business in the local area of a district, as |
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determined by the port commission. |
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(3) "Small business" has the meaning assigned by |
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Section 5.135(g). |
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(b) To stimulate business and commercial activity within a |
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district, a district may develop and administer a program to: |
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(1) develop small businesses or historically |
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underutilized businesses; |
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(2) promote or advertise the district; or |
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(3) improve the extent to which local businesses, |
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small businesses, and other historically underutilized businesses |
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are awarded district contracts. |
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(c) To develop or administer a program under this section, a |
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district may: |
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(1) contract with another entity; |
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(2) use district funds or employees; and |
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(3) accept contributions, gifts, or other resources. |
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(d) A program established under this section may set |
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contract percentage goals for participation by local businesses, |
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small businesses, and historically underutilized businesses in |
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public contract awards by the district. |
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Sec. 60.504. RIGHT TO REJECT ALL BIDS. A district that |
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requests bids or proposals under any of the methods provided by this |
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chapter may reject any and all bids or proposals submitted. |
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SECTION 5. Section 62.106(e), Water Code, is amended to |
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read as follows: |
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(e) A district created under this chapter may elect to take |
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advantage of the condemnation procedure provided in Chapter 21, |
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Property Code [Subchapter F of Chapter 51 of this code]. |
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SECTION 6. Section 62.120(a), Water Code, is amended to |
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read as follows: |
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(a) A district may enter into operating contracts and leases |
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with cities and other governmental subdivisions for the operation |
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of the portions of the district's water system which are designated |
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by the board or the commission. |
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SECTION 7. Section 62.122, Water Code, is amended to read as |
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follows: |
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Sec. 62.122. DISPOSITION OF SALVAGE OR SURPLUS PERSONAL |
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PROPERTY. (a) Except as provided by Subsection (b), the |
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commission or board of trustees under Chapter 54, Transportation |
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Code, may periodically dispose of surplus or salvage personal |
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property in the same manner as the commissioners court of a county |
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under Subchapter D, Chapter 263, Local Government Code. |
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(b) The commission or board of trustees under Chapter 54, |
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Transportation Code, may authorize: |
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(1) the destruction or disposition of salvage or |
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surplus property as worthless if the property is so worn, damaged, |
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or obsolete that it has no value for the purpose for which it was |
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originally intended, and the expense to the district to attempt to |
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sell the property would be more than the proceeds from the sale; and |
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(2) the sale of its dredge material from a dredge |
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material placement area to any person on such terms and conditions |
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as the commission or board of trustees considers appropriate or |
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advantageous to the district, following any required action by the |
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U.S. Army Corps of Engineers. |
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SECTION 8. 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. |
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