By: Garcia, et al. S.B. No. 1894
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the powers and duties of navigation districts, port
  authorities, and boards of trustees of municipal port facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 551.0415, Government
  Code, is amended to read as follows:
         Sec. 551.0415.  BOARD OF TRUSTEES OR GOVERNING BODY OF
  MUNICIPALITY, [OR] COUNTY, OR NAVIGATION DISTRICT: REPORTS ABOUT
  ITEMS OF COMMUNITY INTEREST REGARDING WHICH NO ACTION WILL BE
  TAKEN.
         SECTION 2.  Section 551.0415(a), Government Code, is amended
  to read as follows:
         (a)  Notwithstanding Sections 551.041 and 551.042, a quorum
  of the governing body of a municipality, [or] county, navigation
  district, or board of trustees established under Chapter 54,
  Transportation Code, may receive from staff of the political
  subdivision and a member of the governing body may make a report
  about items of community interest during a meeting of the governing
  body without having given notice of the subject of the report as
  required by this subchapter if no action is taken and, except as
  provided by Section 551.042, possible action is not discussed
  regarding the information provided in the report.
         SECTION 3.  Section 60.034, Water Code, is amended to read as
  follows:
         Sec. 60.034.  OIL, GAS, AND MINERAL LEASES. Except for lands
  or flats purchased from this state under Article 8225, Revised
  Statutes, a district [The commission] may lease for oil, gas, and
  minerals rights-of-way, spoil grounds, spoil basins, or any other
  land owned by the [a navigation] district if it does not interfere
  with use of or obstruct any natural or artificial waterway of the
  district used for navigation purposes.
         SECTION 4.  The heading to Section 60.035, Water Code, is
  amended to read as follows:
         Sec. 60.035.  NOTICE OF CERTAIN OIL, GAS, AND MINERAL LEASES
  [LEASE].
         SECTION 5.  Section 60.035(a), Water Code, is amended to
  read as follows:
         (a)  Before a district may enter into a lease [may be
  executed by the commission] under Section 60.034 [of this code],
  the district [commission] shall have a notice requesting bids on
  the lease published in a newspaper of general circulation in the
  district. The notice shall be published at least once a week for
  two consecutive weeks before the final date for the receipt of bids.
  Chapter 71, Natural Resources Code, does not apply to a lease made
  under this section if the lease is made in accordance with this
  section and Sections 60.036 and 60.037 of this code.
         SECTION 6.  Section 60.038, Water Code, is amended to read as
  follows:
         Sec. 60.038.  DISPOSITION [SALE OR LEASE] OF INTERESTS IN
  REAL PROPERTY [LAND]. (a)  A district may sell, exchange, or lease
  real property or any interest in real property [all or any part of
  land] owned by it, whether the real property was [land is] acquired
  by gift or purchase, in settlement of any litigation, controversy,
  or claim in behalf of the district, or in any other manner, except
  that lands or flats heretofore purchased from the State of Texas
  under Article 8225, Revised [Civil] Statutes [of Texas, 1925], or
  granted by the State of Texas in any general or special act, may be
  sold only to the State of Texas or exchanged with the State of Texas
  for other lands or exchanged for adjacent littoral land as
  authorized by Section 61.117 of this code. Except for lands or
  flats purchased from this state under Article 8225, Revised
  Statutes, the district may impose restrictions on the development,
  use, and transfer of any real property or interest in real property
  in connection with its sale or exchange under this section.
         (b)  Before a district may sell or exchange real property
  [land], the commission shall determine by resolution that the land
  is no longer needed for use by the district in connection with the
  development of a navigation project.
         (c)  A sale [Sale] or exchange [lease] of real property
  [land] shall be made as provided by Sections 60.040-60.042
  [60.039-60.042 of this code].
         SECTION 7.  Section 60.039, Water Code, is amended to read as
  follows:
         Sec. 60.039.  CERTAIN SURFACE LEASES [LEASE]. (a)  A
  district [The commission] may lease, as lessor, the surface of real
  property [land] for not more than 50 [30] years by the entry of an
  order on the minutes of the commission and the execution of a lease
  in the manner provided by the original order.  The lease may not be
  extended beyond the 50-year [30-year] period by renewal, extension,
  or otherwise.
         (b)  The commission or the executive director of the
  district, or a person authorized by the commission or the executive
  director, may enter into a lease, as lessor, for the surface of real
  property for not more than one year without [a monthly tenancy or a
  tenancy from month to month.   The lease term may only exceed one
  year if]:
               (1)  entering [the commission enters] an order on the
  minutes; or [and]
               (2)  executing [the execution of] the lease [is] in the
  manner provided by the original order for the lease.
         SECTION 8.  Section 60.040, Water Code, is amended to read as
  follows:
         Sec. 60.040.  PUBLICATION OF NOTICE FOR SALES AND LEASES IN
  EXCESS OF 50 [30] YEARS. Before making a sale of real property or a
  lease of real property [land] for more than 50 [30] years, the
  district [commission] shall publish a notice in the manner provided
  in Section 60.035 [of this subchapter]. Before publication of the
  notice, a district may enter into negotiations with one or more
  potential buyers or lessees without affecting the validity of the
  sale or lease.
         SECTION 9.  Section 60.041, Water Code, is amended to read as
  follows:
         Sec. 60.041.  SECURITY FOR BIDS ON REAL PROPERTY [LAND] TO BE
  SOLD OR LEASED FOR MORE THAN 50 [30] YEARS. Each bid submitted on
  real property [land] to be sold or leased for more than 50 [30]
  years under Section 60.040 shall be accompanied by a certified
  check, cashier's check, or bidder's bond with a responsible
  corporate surety authorized to do business in Texas. The check or
  bond shall be in an amount equal to five percent of the bid price for
  the real property [land] or 100 percent of [for] the first rental
  payment under the lease and shall guarantee that the bidder will
  perform the terms of his bid if it is accepted by the district
  [commission].
         SECTION 10.  Section 60.042(a), Water Code, is amended to
  read as follows:
         (a)  After notice is published under Section 60.040 [of this
  code], the district [commission] may sell or lease in accordance
  with Section 60.040 all or any part of the real property [land] to
  the highest and best bidder for an amount which is not less than the
  reasonable market value in the locality at the time and place of the
  sale or lease.
         SECTION 11.  Section 60.071, Water Code, is amended to read
  as follows:
         Sec. 60.071.  GENERAL RULE-MAKING AUTHORITY.  The commission
  of a district which owns, operates, and maintains wharves, docks,
  piers, sheds, warehouses, and other similar terminal facilities
  which are not located inside the boundaries of any incorporated
  city, town, or village may pass, amend, and repeal any ordinance,
  rule, or police regulation which is not contrary to the
  constitution or laws of this state and which is necessary to protect
  the property and to promote the health, safety, and general welfare
  of persons using the property or living or working near the
  property.
         SECTION 12.  Section 60.124, Water Code, is amended to read
  as follows:
         Sec. 60.124.  GIFTS, GRANTS, AND DONATIONS.  A district may
  accept a gift, grant, donation, or bequest of money, services,
  equipment, goods, or other tangible or intangible property from any
  source for any district purpose.
         SECTION 13.  Sections 60.404(b) and (d), Water Code, are
  amended to read as follows:
         (b)  A notice of proposed purchase must be published once a
  week for two consecutive weeks in a newspaper with general
  circulation in each county in which the district [or port
  authority] is located. [The first notice must be published not
  later than the 14th day before the date the bids are to be opened.]
  If there is no newspaper of general circulation in a county in which
  the district [or port authority] is located, the notice shall be
  published in a newspaper of general circulation in the county
  nearest the county seat of the county in which the district is
  located or the county in which the greatest amount of the district's
  territory is located [for that county must be given by posting the
  notice in a prominent place in the courthouse of that county for not
  less than 14 days before the date the bids are to be opened].
         (d)  The specifications must:
               (1)  describe in detail the item to be acquired;
               (2)  require that bids be sealed;
               (3)  require the attachment to the bid of a certified
  check, cashier's check, or bidders bond, if security is required in
  connection with the bid; and
               (4)  indicate whether a small business development
  program, local preference program, or other contracting program
  adopted by the [port commission of the port authority or] district
  applies to the purchase and, if so, where a copy of the program
  requirements may be obtained.
         SECTION 14.  Section 60.405, Water Code, is amended to read
  as follows:
         Sec. 60.405.  PROPOSAL PROCEDURES. (a)  Items other than
  construction services valued at more than the amount authorized by
  Section 60.403(a) for routine purchases or contracts [Insurance or
  high technology items] may be purchased under the procedure
  provided by this section.
         (b)  Quotations shall be solicited by the district or its
  broker through a request for proposals from as many sources as are
  reasonably available. The request for proposals must specify the
  relative importance of price and all other factors of evaluation.
         (c)  Public notice of the request for proposal must be made
  in the same manner as provided by Section 60.404 [of this code].
         (d)  The award of the contract shall be made by the port
  commission in open session to the responsible offerer whose
  proposal is determined to provide the best value to the district [be
  the lowest evaluated offer resulting from negotiation] giving
  consideration to evaluation factors set forth in the request for
  proposals.
         (e)  If so provided in the request for proposals, information
  in proposals may not be disclosed to the public [competing
  offerers] until the contract is awarded. After a contract is
  awarded, proposals shall be open for public inspection, except that
  information contained in a proposal identified as a trade secret or
  as confidential shall be kept confidential.
         (f)  A district [port commission] may adopt rules relating to
  negotiations to be conducted with responsible offerers submitting
  proposals. Offerers must be accorded fair and equal treatment with
  respect to any opportunity for negotiation and revision of
  proposals. Revisions to proposal and contract terms may be
  permitted after submission of a proposal and before award of the
  contract.
         SECTION 15.  The heading to Section 60.407, Water Code, is
  amended to read as follows:
         Sec. 60.407.  OPENING SEALED PROPOSALS AND BIDS.
         SECTION 16.  Section 60.407(a), Water Code, is amended to
  read as follows:
         (a)  An official of the district [or port authority] shall
  open the bids and competitive sealed proposals on the date
  specified in the notice. If an error is discovered in the original
  specifications or the nature of the item to be purchased requires an
  extension, the date may be extended.
         SECTION 17.  Section 60.409(b), Water Code, is amended to
  read as follows:
         (b)  If a district [or port authority] uses unit pricing in
  its notice, the information furnished proposers or bidders shall
  specify the approximate quantities estimated on the best available
  information, or other quantities reasonably specified to permit
  comparison of proposals or bids, and the total contract amount may
  be based on estimated maximum quantities, but the compensation paid
  the bidder must be based on the actual quantities purchased.
         SECTION 18.  Section 60.458, Water Code, is amended to read
  as follows:
         Sec. 60.458.  PURCHASE CONTRACT AWARD CRITERIA. Except as
  provided by this subchapter, in determining to whom to award a
  contract, the district may consider:
               (1)  the purchase price;
               (2)  the reputation of the vendor and of the vendor's
  goods or services;
               (3)  the quality of the vendor's goods or services;
               (4)  the extent to which the goods or services meet the
  district's needs;
               (5)  the vendor's past relationship with the district;
               (6)  the impact on the ability of the district to comply
  with laws and rules relating to historically underutilized
  businesses[,] and on the district's small business development
  program, local preference program, or other [another] contracting
  program adopted by the [approved by the] district, if any;
               (7)  the total long-term cost to the district to
  acquire the vendor's goods or services; and
               (8)  any other relevant factor specifically listed in
  the request for bids or proposals.
         SECTION 19.  Section 60.463, Water Code, is amended by
  amending Subsections (d) and (e) and adding Subsection (d-1) to
  read as follows:
         (d)  The district shall select a contractor through
  competitive sealed proposals in either a one-step or two-step
  process. The district shall prepare a request for competitive
  sealed proposals, in the case of a one-step process, or a request
  for qualifications, in the case of a two-step process, that
  includes construction documents, selection criteria, project
  scope, schedule, the time and place for receipt of proposals or
  qualifications, as applicable, a statement as to whether the
  selection process is a one-step or two-step process, and other
  information that contractors may require to respond to the request.  
  The district shall state in the request for proposals or
  qualifications, as applicable, the selection criteria that will be
  used in selecting the successful offeror. If a one-step process is
  used, the district may request, as part of the offeror's proposal,
  proposed prices.
         (d-1)  If a two-step process is used, the district may not
  request prices in step one. In step two, the district may request
  that five or fewer offerors, selected solely on the basis of
  qualifications, provide additional information, including proposed
  prices.
         (e)  At each step, the [The] district shall receive, publicly
  open, and read aloud the names of the offerors [and, if any lump-sum
  prices are required to be stated, all such lump-sum prices stated in
  each proposal]. At the appropriate step, the district shall read
  aloud the prices, if any, stated in each proposal as the proposal is
  opened.  Not later than the 45th day after the date of opening the
  proposals, the district shall evaluate and rank each proposal
  submitted in relation to the published selection criteria.
         SECTION 20.  Section 61.164(b), Water Code, is amended to
  read as follows:
         (b)  No franchise shall be granted for longer than 50 [30]
  years nor shall a franchise be granted except on the affirmative
  vote of a majority of the commissioners at three separate meetings
  of the commission which meetings may not be closer together than one
  week.
         SECTION 21.  Section 62.153, Water Code, is amended to read
  as follows:
         Sec. 62.153.  DUTIES OF DISTRICT TREASURER. The district
  treasurer shall:
               (1)  open an account for all funds received by him for
  the district and all district funds which he pays out;
               (2)  pay out money on vouchers signed by the chairman of
  the commission, any two members of the commission, or the
  commissioners court, or any two of any number of persons delegated
  by the commission with authority to sign vouchers, provided that
  the commission may, in such delegation, limit the authority of such
  persons and may require that each furnish a fidelity bond in such
  amount as the commission shall specify and subject to commission
  approval;
               (3)  carefully preserve all orders for the payment of
  money; [and]
               (4)  render a correct account to the commissioners
  court of all matters relating to the financial condition of the
  district as often as required by the commissioners court; and
               (5)  not be required to sign a check drawn on a
  depository selected under Section 62.156, unless the district
  treasurer is the designated officer of the district, as defined by
  Section 60.271(g).
         SECTION 22.  Section 63.178(b), Water Code, is amended to
  read as follows:
         (b)  A franchise may be granted for a period of not more than
  50 [30] years.
         SECTION 23.  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, 2015.