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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration, powers, and duties of |
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self-liquidating navigation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 63, Water Code, is amended |
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by adding Section 63.1045 to read as follows: |
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Sec. 63.1045. EXECUTIVE DIRECTOR. (a) The district may |
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employ an executive director of the district. If the district |
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employs an executive director, the district must prescribe the |
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duties and compensation of the executive director. |
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(b) The duties of an executive director may be performed by |
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a general manager, port director, or chief executive officer. |
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SECTION 2. Section 63.105, Water Code, is amended to read as |
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follows: |
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Sec. 63.105. ENGINEER. The district [commission] may |
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employ a competent engineer whose term of office and compensation |
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shall be determined by the district [commission]. |
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SECTION 3. Section 63.107, Water Code, is amended to read as |
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follows: |
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Sec. 63.107. DISTRICT EMPLOYEES. (a) The district: |
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(1) [commission] may employ assistant engineers and |
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other persons as it considers necessary for the construction, |
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maintenance, operation, and development of the district and[,] its |
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business and facilities;[,] and |
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(2) shall determine their term of office and duties[,] |
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and fix their compensation. |
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(b) All employees may be removed by the district |
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[commission]. |
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SECTION 4. Section 63.109, Water Code, is amended to read as |
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follows: |
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Sec. 63.109. PAYMENT OF COMPENSATION AND EXPENSES. The |
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district [commission] may draw warrants, issue checks, or use a |
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payment method adopted under Section 60.271 to pay for: |
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(1) [legal] services; |
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(2) [, for] the compensation [salaries] of [the
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engineer, his assistant, or any other] employees; and |
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(3) [, and for] all expenses incident and relating to |
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the district. |
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SECTION 5. The heading to Section 63.175, Water Code, is |
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amended to read as follows: |
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Sec. 63.175. SUPERVISION OF WORK [BY ENGINEER]. |
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SECTION 6. Section 63.175(a), Water Code, is amended to |
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read as follows: |
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(a) Unless done under the supervision of the United States, |
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all work contracted for by the district [commission] shall be done |
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under the supervision of a representative of the district |
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[engineer]. |
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SECTION 7. Sections 63.176(a) and (b), Water Code, are |
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amended to read as follows: |
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(a) A representative of the district [The commission] shall |
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inspect the work being done during its progress, and on completion |
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of the contract, the district [commission] shall draw a warrant on |
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the district depository or issue a check in favor of the contractor |
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or the contractor's [his] assignee for the amount of the contract |
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price. The warrant or check shall be paid from the construction and |
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maintenance or operating fund. |
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(b) If the district [commission] considers it advisable, it |
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may contract to pay for the work in partial payments as the work |
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progresses. Partial[, but the partial] payments may not be more in |
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the aggregate than the amount allowed under applicable laws [90
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percent of the contract price of the total amount of work done under
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the contract]. The amount of the work shall be shown by a |
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certificate of a representative of the district [engineer]. |
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SECTION 8. Subchapter D, Chapter 63, Water Code, is amended |
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by adding Section 63.184 to read as follows: |
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Sec. 63.184. DISPOSITION OF SALVAGE OR SURPLUS PROPERTY. |
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The commission may authorize the executive director or the |
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executive director's designee to sell, destroy, donate, or |
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otherwise dispose of the district's surplus or salvage personal |
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property by any method the executive director or the executive |
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director's designee determines is in the best interest of the |
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district. |
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SECTION 9. Section 63.175(b), Water Code, is repealed. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2019. |