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A BILL TO BE ENTITLED
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AN ACT
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relating to the records, management, and taxation of navigation |
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districts and certain port and harbor facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter J, Chapter 441, Government Code, is |
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amended by adding Section 441.1681 to read as follows: |
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Sec. 441.1681. ELECTRONIC STORAGE OF CERTAIN LOCAL |
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GOVERNMENT RECORDS. (a) The governing body of a navigation |
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district or port authority, or a board of trustees described by |
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Chapter 54, Transportation Code, may establish alternative storage |
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and retention standards and procedures for records of a navigation |
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district, port authority, or board of trustees. The rules must |
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establish: |
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(1) a process for the port commission of a navigation |
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district or port authority, or a board of trustees described by |
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Chapter 54, Transportation Code, to use the alternative storage |
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standards and procedures; |
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(2) procedures for the conversion of hard copy |
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documents retained by the custodian of the navigation district, |
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port authority, or board of trustees described by Chapter 54, |
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Transportation Code, to an electronic form and the destruction of |
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the hard copy documents; and |
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(3) standards for electronic record management and |
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preservation of documents retained by the custodian of the |
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navigation district, port authority, or board of trustees described |
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by Chapter 54, Transportation Code. |
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(b) The standards and procedures under this section may not |
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establish a retention period that is shorter than a retention |
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period prescribed by a state or federal law, regulation, or rule of |
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court. |
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SECTION 2. Subchapter Q, Chapter 60, Water Code, is amended |
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by adding Section 60.503 to read as follows: |
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Sec. 60.503. CLOSED MEETINGS. Notwithstanding Section |
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551.103, Government Code, a port commission is not required to make |
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a recording of the proceedings of a closed meeting to deliberate |
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security measures, including cybersecurity measures, related to |
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the navigation district or port authority. |
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SECTION 3. Section 60.403(a), Water Code, is amended to |
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read as 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. A port commission may delegate authority to an |
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authorized designated officer of the port commission, the executive |
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director of the district or the port authority, or an authorized |
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representative of the executive director to make routine purchases |
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or contracts in an amount not to exceed $500,000, which shall be |
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deemed the amount provided for under this chapter for routine |
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purchases or contracts authorized for the district or port |
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authority [$100,000]. |
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SECTION 4. Section 2252.909(a), Government Code, as added |
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by Chapter 1008 (H.B. 2518), Acts of the 88th Legislature, Regular |
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Session, 2023, is amended to read as follows: |
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(a) In this section, "governmental entity" has the meaning |
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assigned by Section 2253.001, except that the term does not include |
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a: |
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(1) navigation district; |
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(2) port authority; or |
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(3) board of trustees described by Chapter 54, |
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Transportation Code. |
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SECTION 5. Section 54.054, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except for routine purchases and contracts and except as |
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otherwise provided by this chapter, the board may award a contract |
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involving the expenditure of funds in excess of the amount |
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applicable to an expenditure of funds by a municipality under |
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Section 252.021(a), Local Government Code, only by competitive |
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bidding. |
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(c) The board, authorized designated officers of the board, |
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the general manager or port director, or authorized representatives |
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of the general manager or port director may make routine purchases |
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or contracts in an amount not to exceed $50,000. A board may |
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delegate authority to authorized designated officers of the board, |
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the general manager or port director, and authorized |
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representatives of the general manager or port director to make |
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routine purchases or contracts in an amount not to exceed $500,000, |
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which shall be deemed the amount provided for under this section for |
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routine purchases or contracts. |
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SECTION 6. Section 25.07(e), Tax Code, is amended to read as |
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follows: |
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(e) In this section, "navigation-related commerce" includes |
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the following if engaged in by a person: |
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(1) an activity that requires the person to hold a |
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maritime-related license or permit issued by a navigation district, |
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including providing stevedoring, steamship agency, towing, |
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tugboat, or line handling services; |
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(2) an activity that requires the person to hold a |
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franchise issued by a navigation district; |
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(3) possessing a leasehold interest in property [owned |
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by a navigation district] that: |
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(A) connects infrastructure to a public dock; and |
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(B) is: |
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(i) owned by a navigation district; or |
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(ii) managed and controlled by a board of |
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trustees described by Chapter 54, Transportation Code; |
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(4) hauling cargo into or across a public dock; |
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(5) commercial fishing; |
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(6) constructing, fabricating, cleaning, repairing, |
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dismantling, or recycling vessels; |
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(7) pilotage; [or] |
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(8) an activity described by Section 60.101, 61.162, |
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or 63.153, Water Code; |
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(9) operating a cruise ship terminal facility; or |
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(10) an activity described by Section 54.003 or |
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54.053, Transportation Code. |
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SECTION 7. This Act takes effect September 1, 2025. |