reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter N. Competitive Bidding Requirements › Section 60.412. Exemptions

Sec. 60.412.  EXEMPTIONS.  (a)  A contract for a purchase is exempt from the competitive bidding requirements and proposal procedures of this subchapter and Subchapter O if a contract is for the purchase of:
(1)  an item that must be purchased in a case of public calamity if it is necessary to make the purchase promptly to relieve the necessity of the citizens or to preserve the property of the district or port authority;
(2)  an item necessary to preserve or protect the public health or the safety of the residents of the district or port authority;
(3)  an item made necessary by unforeseen damage to the property of the district or port authority;
(4)  a personal or professional service;
(5)  any work performed and paid for by the day as the work progresses;
(6)  any land or right-of-way;
(7)  an item that can be obtained only from one source, including:
(A)  items for which competition is precluded because of the existence of patents, copyrights, secret processes, or natural monopolies;
(B)  films, manuscripts, or books;
(C)  public utility services; and
(D)  captive replacement parts or components for equipment;
(8)  any item necessary to secure a district or port authority during a period of heightened security as determined by:
(A)  the federal Department of Homeland Security, including the Transportation Security Administration;
(B)  the United States Coast Guard;
(C)  the United States Bureau of Customs and Border Protection;
(D)  the Federal Bureau of Investigation;
(E)  the federal Department of Transportation, including the Maritime Administration; or
(F)  another federal, state, or local agency;
(9)  an item from the United States, including any agency thereof, or from this state, including an agency of this state; or
(10)  an item to respond to an emergency related to supply chain disruptions or shortages or other disruptions or stoppages in the operation of the district which, without harm to the welfare of the district, does not permit the delay incident to the competitive process or would result in undue costs to the district.
(b)  If an item exempt under Subsection (a)(7) of this section is purchased, the person making the purchase must sign a statement as to the existence of only one source for the purchase and a district or port authority must enter the statement into the records of that purchase.
(c)  A district or port authority shall comply with Chapter 2254, Government Code, in procuring professional services.
Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.  Amended by Acts 2003, 78th Leg., ch. 588, Sec. 11, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 426 (S.B. 1786), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1191 (H.B. 3785), Sec. 8, eff. June 19, 2009.
Acts 2023, 88th Leg., R.S., Ch. 1106 (S.B. 1500), Sec. 3, eff. June 18, 2023.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter N. Competitive Bidding Requirements › Section 60.4125. Alternative Methods for Certain Purchases or Contracts

Sec. 60.4125.  ALTERNATIVE METHODS FOR CERTAIN PURCHASES OR CONTRACTS.  (a)  Notwithstanding the other provisions of this subchapter or any other law, a district or port authority may make a purchase or enter into a contract valued at more than the amount authorized in Section 60.403(a) for routine purchases or contracts by any method available to a school district, including all procedures and limitations, under Subchapter B, Chapter 44, Education Code, that, in the opinion of the port commission, provides the best value to the district or port authority.
(b)  Repealed by Acts 2003, 78th Leg., ch. 307, Sec. 2.
(c)  Subsection (a) does not apply to contracts when the district or port authority is constructing a project for another political subdivision of the state.
(d)  If a purchase or contract made under Subsection (a) is subject to a small business development program adopted by the port commission of the port authority or district, the purchase solicitation must indicate that fact and must also indicate where a copy of the program requirements may be obtained.
Added by Acts 2001, 77th Leg., ch. 738, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 307, Sec. 2, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 588, Sec. 12, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1330 (S.B. 1531), Sec. 7, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter N. Competitive Bidding Requirements › Section 60.413. Criminal Penalty

Sec. 60.413.  CRIMINAL PENALTY.  (a)  Except as provided by Subsection (b) of this section, a district or port authority officer or employee commits an offense if the person knowingly or intentionally violates a provision of this subchapter.  An offense under this subsection is a Class C misdemeanor.
(b)  A district or port authority officer or employee commits an offense if the person makes or authorizes separate, sequential, or component purchases to avoid the competitive bidding or proposal procedure requirements of Section 60.404 or 60.405 of this code.  An offense under this subsection is a Class B misdemeanor.
Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter N. Competitive Bidding Requirements › Section 60.414. Application of Other Law

Sec. 60.414.  APPLICATION OF OTHER LAW.  If a district or port authority is subject to the requirements of Subchapter B, Chapter 271, Local Government Code, those requirements are in addition to the requirements of this subchapter.
Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 26.010, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter O. Purchase Contracts › Section 60.452. Applicability of Subchapter; Other Law

Sec. 60.452.  APPLICABILITY OF SUBCHAPTER;  OTHER LAW.  (a)  This subchapter does not apply to a contract solely for professional services rendered, including services of an architect, attorney, or fiscal agent.
(b)  If a district elects to make a procurement under this subchapter, this subchapter prevails over any other law relating to a purchase contract for goods and services by the district that is in conflict with or inconsistent with this subchapter.
(c)  Chapter 2269, Government Code, does not apply to this  subchapter.
Added by Acts 2003, 78th Leg., ch. 307, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1213 (H.B. 1886), Sec. 17, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 3.09, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(38), eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter O. Purchase Contracts › Section 60.453. Authority to Adopt Rules

Sec. 60.453.  AUTHORITY TO ADOPT RULES.  The commission of a district may adopt rules and procedures for the acquisition of goods or services.
Added by Acts 2003, 78th Leg., ch. 307, Sec. 1, eff. June 18, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter O. Purchase Contracts › Section 60.454. Purchasing Contract Methods

Sec. 60.454.  PURCHASING CONTRACT METHODS.  Notwithstanding any other provision of this chapter or other law, a district contract valued at more than the amount authorized in Section 60.403(a) for routine purchases or contracts in the aggregate for each 12-month period may be made by the method below that, in the opinion of the district's commission, provides the best value for the district:
(1)  a design-build contract to construct, rehabilitate, alter, or repair facilities;
(2)  a contract to construct, rehabilitate, alter, or repair facilities that involves using a construction manager-agent or construction manager-at-risk;
(3)  competitive sealed proposals for construction, repair, rehabilitation, or alteration of a facility, and nonconstruction items;
(4)  a job order contract for the construction, repair, rehabilitation, or alteration of a facility;
(5)  a request for proposals, if the contract is for items other than construction services;
(6)  competitive sealed bids;
(7)  an interlocal contract as provided by Chapter 791, Government Code;
(8)  the reverse auction procedure as defined by Section 2155.062(d), Government Code;
(9)  a contract with the United States, including any agency thereof; or
(10)  a contract with this state, including an agency of this state.
Added by Acts 2003, 78th Leg., ch. 307, Sec. 1, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 426 (S.B. 1786), Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1081 (H.B. 2918), Sec. 15, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1330 (S.B. 1531), Sec. 8, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter O. Purchase Contracts › Section 60.455. Right to Reject All Bids

Sec. 60.455.  RIGHT TO REJECT ALL BIDS.  A district that requests bids or proposals under any of the methods provided by this subchapter may reject any and all bids or proposals submitted.
Added by Acts 2003, 78th Leg., ch. 307, Sec. 1, eff. June 18, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter O. Purchase Contracts › Section 60.456. Notice Requirements

Sec. 60.456.  NOTICE REQUIREMENTS.  For a contract entered into by a district under any of the methods provided by this subchapter, the district shall publish notice of the time and place the bids or proposals, or the responses to a request for qualifications, will be received and opened.  The notice must be published in a newspaper of general circulation in each county in which the district is located once each week for two consecutive weeks before the deadline for receiving bids, proposals, or responses.  If there is not a newspaper of general circulation in any county in which the district 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.  In a two-step procurement process, the time and place the second-step bids, proposals, or responses will be received are not required to be published separately.
Added by Acts 2003, 78th Leg., ch. 307, Sec. 1, eff. June 18, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter O. Purchase Contracts › Section 60.457. Delegation

Sec. 60.457.  DELEGATION.  (a)  The commission of a district may, as it considers appropriate, delegate its authority under this subchapter regarding an action authorized or required by this subchapter to be taken by a district to a designated person, representative, or committee.  In procuring construction services, the district shall provide notice of the delegation and the limits of the delegation in the request for bids, proposals, or qualifications, or in an addendum to the request.  If the district fails to provide that notice, a ranking, selection, or evaluation of bids, proposals, or qualifications for construction services other than by the commission in an open meeting is advisory only.
(b)  A commission may not delegate the authority to act regarding an action authorized or required by this subchapter to be taken by the commission of a district.
Added by Acts 2003, 78th Leg., ch. 307, Sec. 1, eff. June 18, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter O. Purchase Contracts › Section 60.458. Purchase Contract Award Criteria

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 contracting program adopted 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.
Added by Acts 2003, 78th Leg., ch. 307, Sec. 1, eff. June 18, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 13, eff. June 1, 2017.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter O. Purchase Contracts › Section 60.459. Evaluation of Bids and Proposals for Construction Services

Sec. 60.459.  EVALUATION OF BIDS AND PROPOSALS FOR CONSTRUCTION SERVICES.  (a)  The commission of a district that is considering a construction contract using a method specified by Section 60.454 must, before advertising, determine which method provides the best value for the district.
(b)  The district shall base its selection among offerors on criteria authorized to be used under Section 60.458.  The district shall publish in the request for bids, proposals, or qualifications the specific criteria that will be used to evaluate the offerors and the relative weights given to the criteria.
(c)  The district shall document the basis of its selection and shall make the evaluations public not later than the later of:
(1)  the 30th day after the date of the award of the contract; or
(2)  the next scheduled commission meeting.
Added by Acts 2003, 78th Leg., ch. 307, Sec. 1, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 426 (S.B. 1786), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter O. Purchase Contracts › Section 60.461. Contracts for Facilities: Construction Manager-Agent

Sec. 60.461.  CONTRACTS FOR FACILITIES:  CONSTRUCTION MANAGER-AGENT.  (a)  A district may award a contract to a construction manager-agent for the construction, rehabilitation, alteration, or repair of a facility provided that the construction manager-agent and the district follow the procedures prescribed by this section.
(b)  A district may, under the contract between the district and the construction manager-agent, require the construction manager-agent to provide administrative personnel, equipment necessary to perform duties under this section, and on-site management and other services specified in the contract.  A construction manager-agent represents the district in a fiduciary capacity.
(c)  Before or concurrently with selecting a construction manager-agent, the district shall select or designate an engineer or architect who shall prepare the construction documents for the project and who has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable.  If the engineer or architect is not a full-time employee of the district, the district shall select the engineer or architect as provided by Section 2254.004, Government Code.  The district's engineer or architect may not serve, alone or in combination with another person, as the construction manager-agent unless the engineer or architect is hired to serve as the construction manager-agent under a separate or concurrent procurement conducted in accordance with this subchapter.  This subsection does not prohibit the district's engineer or architect from providing customary construction phase services under the engineer's or architect's original professional service agreement in accordance with applicable laws.
(d)  A district shall select a construction manager-agent on the basis of demonstrated competence and qualifications in the same manner as provided for the selection of engineers or architects under Section 2254.004, Government Code.
(e)  A district contracting with a construction manager-agent shall procure, in accordance with applicable law, and in any manner authorized by this chapter, a general contractor, trade contractors, or subcontractors who will serve as the prime contractor for their specific portion of the work.
(f)  The district or the construction manager-agent shall procure in accordance with Section 2254.004, Government Code, and in any manner authorized by this chapter, all of the testing of construction materials, the inspection services, and the verification testing services necessary for acceptance of the facility by the district.
Added by Acts 2003, 78th Leg., ch. 307, Sec. 1, eff. June 18, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter O. Purchase Contracts › Section 60.464. Job Order Contracts for Facilities Construction or Repair

Sec. 60.464.  JOB ORDER CONTRACTS FOR FACILITIES CONSTRUCTION OR REPAIR.  (a)  A district may award job order contracts for the construction, repair, rehabilitation, or alteration of a facility if the work is of a recurring nature but the delivery times are indefinite and indefinite quantities and orders are awarded substantially on the basis of predescribed and prepriced tasks.
(b)  The district may establish contractual unit prices for a job order contract by:
(1)  specifying one or more published construction unit price books and the applicable divisions or line items;  or
(2)  providing a list of work items and requiring the offerors to bid or propose one or more coefficients or multipliers to be applied to the price book or work items as the price proposal.
(c)  The district shall advertise for, receive, and publicly open sealed proposals for job order contracts.
(d)  The district may require offerors to submit, in addition to information on rates, other information, including experience, past performance, and proposed personnel and methodology.
(e)  The district may award job order contracts to one or more job order contractors in connection with each solicitation of bids or proposals.
(f)  An order for a job or project under the job order contract must be signed by the district's representative and the contractor.  The order may be a fixed price, lump-sum contract based substantially on contractual unit pricing applied to estimated quantities or may be a unit price order based on the quantities and line items delivered.
(g)  The contractor shall provide payment and performance bonds, if required by law, based on the amount or estimated amount of any order.
(h)  The base term of a job order contract is for the period and with any renewal options that the district sets forth in the request for proposals.  If the district fails to advertise that term, the base term may not exceed two years and is not renewable without further advertisement and solicitation of proposals.
(i)  If a job order contract or an order issued under the contract requires engineering or architectural services that constitute the practice of engineering within the meaning of Chapter 1001, Occupations Code, or the practice of architecture within the meaning of Chapter 1051, Occupations Code, the district shall select or designate an architect or engineer to prepare the construction documents for the facility.  If the architect or engineer is not a full-time employee of the district, the district shall select the architect or engineer on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code.
Added by Acts 2003, 78th Leg., ch. 307, Sec. 1, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1213 (H.B. 1886), Sec. 18, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter Q. Miscellaneous Provisions › Section 60.501. Safety and Security Procedures; No New Duties

Sec. 60.501.  SAFETY AND SECURITY PROCEDURES; NO NEW DUTIES.  The adoption and use by a district of a safety or security code, policy, or manual does not create any new or additional legal duties of the district not existing under common law or statutory law.
Added by Acts 2005, 79th Leg., Ch. 426 (S.B. 1786), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter Q. Miscellaneous Provisions › Section 60.502. Implied Contracts

Sec. 60.502.  IMPLIED CONTRACTS.  A schedule of rates, fees, charges, rules, and ordinances that have been adopted in accordance with applicable law or the district's rules, including a limitation of liability for cargo loss or damage, that relates to receiving, delivering, handling, or storing property at a district facility and that is made available to the public on the district's Internet website is enforceable by an appropriate court as an implied contract between the district and a person using the district's facilities without proof of actual knowledge of the schedule's provisions.
Added by Acts 2021, 87th Leg., R.S., Ch. 440 (S.B. 1642), Sec. 8, eff. June 8, 2021.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter R. Charitable Contributions › Section 60.551. Definitions

Sec. 60.551.  DEFINITIONS.  In this subchapter:
(1)  "Charitable organization" means an organization that:
(A)  is organized for charitable purposes under Chapter 22, Business Organizations Code, or holds a certificate of authority issued under that chapter;
(B)  is exempt from taxation under Section 501(a) of the Internal Revenue Code of 1986 as an organization described in Section 501(c)(3) of that code and to which contributions are deductible for income tax purposes under Section 170 of that code;
(C)  complies with all applicable federal nondiscrimination law, including Chapter 21, Title 42, United States Code;
(D)  complies with all state statutes and rules relating to charitable organizations;
(E)  is not a private foundation; and
(F)  provides funds or programs for eligible services that directly or indirectly benefit the recipients.
(2)  "District employee charitable campaign" means a campaign conducted in communities or areas in which district employees solicit contributions to an eligible charitable organization.
(3)  "Eligible charitable organization" means a charitable organization eligible to participate in the district employee charitable campaign as provided by Section 60.561.
(4)  "Eligible services" means services provided by a charitable organization that:
(A)  benefit residents of this state, including children, youth, adults, elderly individuals, ill or infirm individuals, or individuals with a mental or physical disability, and consist of:
(i)  human care, medical or other research in the field of human health, education, social adjustment, or rehabilitation;
(ii)  relief for victims of natural disaster or other emergencies;  or
(iii)  assistance to impoverished individuals in need of food, shelter, clothing, or other basic needs; or
(B)  benefit this state, and consist of activities to:
(i)  safeguard public health and the environment; or
(ii)  help solve environmental problems.
(5)  "Federation or fund" means a fund-raising entity that:
(A)  is a charitable organization;
(B)  acts as an agent for at least five charitable organizations;
(C)  is not organized exclusively to solicit contributions from district employees;  and
(D)  is supported by voluntary contributions by the public and is:
(i)  incorporated in this state and has an established physical presence in this state in the form of an office or service facility that is staffed at least 20 hours a week;  or
(ii)  incorporated outside this state, includes at least 10 affiliated charitable organizations, and has existed at least three years.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 17, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter R. Charitable Contributions › Section 60.552. Authorization of Campaign

Sec. 60.552.  AUTHORIZATION OF CAMPAIGN.  (a)  The commission or the executive director of a district may establish a program in the district to allow district employees to participate in a charitable campaign as provided by this subchapter.
(b)  The commission or executive director of a district may adopt rules relating to the operation of a district employee charitable campaign as described in this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 17, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter R. Charitable Contributions › Section 60.553. Deduction Authorized

Sec. 60.553.  DEDUCTION AUTHORIZED.  (a)  A district employee may authorize a deduction each pay period from the employee's salary or wage payment for a charitable contribution as provided by this subchapter.
(b)  An authorization must direct the district to distribute the deducted funds to a participating federation or fund.
(c)  A deduction under this subchapter must be in the form prescribed by the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 17, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter R. Charitable Contributions › Section 60.554. Voluntary Participation

Sec. 60.554.  VOLUNTARY PARTICIPATION.  (a)  Participation by a district employee in a state employee charitable campaign is voluntary.  The district shall inform district employees that deductions are voluntary.
(b)  The district shall adopt rules establishing a process for hearing employee complaints regarding coercive activity in a district employee charitable campaign.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 17, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter R. Charitable Contributions › Section 60.555. Designation of an Eligible Charitable Organization

Sec. 60.555.  DESIGNATION OF AN ELIGIBLE CHARITABLE ORGANIZATION.  (a)  A district employee may designate in the authorization an eligible charitable organization to receive the deductions.
(b)  If a district employee does not designate an eligible charitable organization, the employee's deductions shall be distributed to each participating federation or fund and eligible local charitable organization in the proportion that the deductions designated for that charitable organization bear to the total of designated deductions in the district employee charitable campaign.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 17, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter R. Charitable Contributions › Section 60.556. Confidentiality

Sec. 60.556.  CONFIDENTIALITY.  (a)  Except as necessary to administer this subchapter or on written authorization of the employee, the following information is confidential:
(1)  whether a district employee has authorized a deduction under this subchapter;
(2)  the amount of the deduction; and
(3)  the name of a federation or fund or charitable organization that a district employee has designated to receive contributions.
(b)  The designation of a charitable organization by a district employee is not confidential if the employee executes a written pledge card or other document indicating that the employee wishes to receive an acknowledgement from the charitable organization.
(c)  The district shall provide notice to district employees of the confidentiality provisions described by this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 17, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter R. Charitable Contributions › Section 60.557. Revocation or Change of Authorization

Sec. 60.557.  REVOCATION OR CHANGE OF AUTHORIZATION.  (a)  A district employee may revoke or change an authorization by giving notice to the district.
(b)  The notice must be in the form and manner prescribed by the district.
(c)  A revocation or change takes effect on the date designated by the district, but not later than the 45th day after the date the district employee gives notice.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 17, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter R. Charitable Contributions › Section 60.558. Duration of Deduction

Sec. 60.558.  DURATION OF DEDUCTION.  (a)  A deduction under this subchapter begins on the date designated by the district employee.
(b)  A deduction under this subchapter, unless revoked or changed under Section 60.557, ends on the date designated by the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 17, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter R. Charitable Contributions › Section 60.559. Fair and Equitable Management of Campaign

Sec. 60.559.  FAIR AND EQUITABLE MANAGEMENT OF CAMPAIGN.  A district employee charitable campaign must be managed fairly and equitably in accordance with this subchapter and the rules, policies, and procedures established by the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 17, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter R. Charitable Contributions › Section 60.560. Campaign Policy and Management

Sec. 60.560.  CAMPAIGN POLICY AND MANAGEMENT.  (a)  The  executive director of the district shall oversee the district employee charitable campaign and the district's employees who conduct the campaign.
(b)  The  executive director of the district and employees designated by the executive director of the district shall:
(1)  determine the eligibility of a federation or fund and its affiliated agencies for participation in the district employee charitable campaign;
(2)  develop a campaign plan, budget, and materials to be used in the campaign;
(3)  coordinate and facilitate the campaign;
(4)  ensure that all district employee charitable campaign activities are conducted fairly and equitably to promote unified solicitation on behalf of all participants;  and
(5)  perform other duties required by rules relating to the district employee charitable campaign.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 17, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter R. Charitable Contributions › Section 60.561. Eligibility of Charitable Organizations, Federations, and Funds for Participation

Sec. 60.561.  ELIGIBILITY OF CHARITABLE ORGANIZATIONS, FEDERATIONS, AND FUNDS FOR PARTICIPATION.  (a)  To be eligible to participate in a district employee charitable campaign, a charitable organization must:
(1)  be governed by a voluntary board of citizens that meets at least twice each year to set policy and manage the affairs of the organization;
(2)  if the organization's annual budget:
(A)  does not exceed $100,000, provide a completed Internal Revenue Service Form 990 and an accountant's review that offers full and open disclosure of the organization's internal operations;  or
(B)  exceeds $100,000, be audited annually in accordance with generally accepted auditing standards of the American Institute of Certified Public Accountants;  and
(3)  not spend more than 25 percent of its annual revenue for administrative and fund-raising expenses.
(b)  A federation or fund that seeks participation in a district employee charitable campaign must apply on behalf of itself and its affiliated agencies to the district during the eligibility determination period specified by the district.  The district shall review each application and may approve a federation or fund for statewide participation only if the federation or fund qualifies as a charitable organization.  The district may approve an affiliated charitable organization for participation only if the organization qualifies as a charitable organization.
(c)  The district may use outside expertise and resources available to it, and rely on a certification of a charitable organization, or determination of qualification by a statewide employee charitable campaign under Section 659.146, Government Code, to assess the eligibility of a charitable organization that seeks to participate in a district employee charitable campaign.
(d)  An appeal from a decision of the district shall be conducted in the manner prescribed by the commission.  The appeals process must permit a charitable organization that is not approved for participation to apply for participation in a district employee charitable campaign.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 17, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter R. Charitable Contributions › Section 60.562. Fund-Raising Practices

Sec. 60.562.  FUND-RAISING PRACTICES.  The fund-raising practices of a participating charitable organization must:
(1)  be truthful and consumer-oriented; and
(2)  protect against:
(A)  unauthorized use of a list of contributors to the organization;
(B)  payment of commissions, kickbacks, finder fees, percentages, bonuses, or overrides for fund-raising;
(C)  mailing of unordered merchandise or tickets with a request for money in return;  and
(D)  general phone solicitation of the public.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 17, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter R. Charitable Contributions › Section 60.563. Limitation on Use of Contributions

Sec. 60.563.  LIMITATION ON USE OF CONTRIBUTIONS.  (a)  A participating charitable organization may use contributions under this subchapter only to provide eligible services or to fund a charitable organization that provides eligible services.
(b)  A participating charitable organization may not use contributions under this subchapter to:
(1)  directly or indirectly fund litigation; or
(2)  make expenditures that would require the organization to register under Chapter 305, Government Code, if the organization were not an entity exempt from registration under that chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 17, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter R. Charitable Contributions › Section 60.564. Misapplication of Contributions; Audit

Sec. 60.564.  MISAPPLICATION OF CONTRIBUTIONS; AUDIT.  (a)  The district may obtain an audit of any participating charitable organization that the district reasonably believes has misapplied contributions under this subchapter.
(b)  If an audit under this section reveals gross negligence or intentional misconduct on the part of a participating charitable organization, the district shall remove the charitable organization from the campaign.  A charitable organization removed under this subsection is not eligible to participate in a district employee charitable campaign before the fifth anniversary of the date the charitable organization was removed.
(c)  If an audit under this section reveals intentional misconduct on the part of a charitable organization, the district shall forward its findings to the appropriate law enforcement agency.
(d)  The district may bring an action to recover misapplied contributions.
(e)  If an investigation or lawsuit results in a recovery of misapplied contributions and there is not a judgment distributing the amounts recovered, the district shall determine the manner of refunding contributions to the appropriate district employees.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 17, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 61 - Article Iii, Section 52, Navigation Districts › Subchapter A. General Provisions › Section 61.001. Definitions

Sec. 61.001.  DEFINITIONS.  In this chapter:
(1)  "District" means a navigation district created under Article III, Section 52, of the Texas Constitution.
(2)  "Commission" means the navigation and canal commission of a district.
(3)  "Board" means the navigation board.
(4)  "Commissioners court" means the commissioners court of the county in which the district is located or the commissioners court of the county of jurisdiction.
(5)  "Commissioner" means a member of the navigation and canal commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 61 - Article Iii, Section 52, Navigation Districts › Subchapter B. Creation of District › Section 61.021. Creation

Sec. 61.021.  CREATION.  A navigation district may be created as provided in this chapter to operate under Article III, Section 52 of the Texas Constitution.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 61 - Article Iii, Section 52, Navigation Districts › Subchapter B. Creation of District › Section 61.022. Area Included in District

Sec. 61.022.  AREA INCLUDED IN DISTRICT.  A district may include all or part of a village, town, or municipal corporation, but may not include more than all or parts of two counties.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 61 - Article Iii, Section 52, Navigation Districts › Subchapter B. Creation of District › Section 61.023. District May Include Road District

Sec. 61.023.  DISTRICT MAY INCLUDE ROAD DISTRICT.  On petition signed by a majority of the property taxpayers who reside in the special road district, a district which includes all or parts of two counties may include any special road district which has voted bonds to construct public roads.  If the entire county which includes the road district is included in the district, this section does not apply.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 61 - Article Iii, Section 52, Navigation Districts › Subchapter B. Creation of District › Section 61.024. Petition to Create Single-County District

Sec. 61.024.  PETITION TO CREATE SINGLE-COUNTY DISTRICT.  (a)  To create a district located wholly in one county, a petition, signed by 25 of the resident property taxpayers, or if there are fewer than 75 resident property taxpayers in the proposed district, then by one-third of them, shall be presented to the commissioners court of the county.
(b)  The petition shall include:
(1)  a request for the establishment of a navigation district;
(2)  a description of the boundaries of the proposed district, accompanied by a map;
(3)  a statement of the general nature of the improvements proposed;
(4)  an estimate of the probable cost;
(5)  a request for the issuance of bonds and the levy of a tax to pay for the bonds;  and
(6)  the designation of a name for the district which shall include the name of the county.
(c)  An affidavit stating the qualifications of the petitioners shall accompany the petition.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 61 - Article Iii, Section 52, Navigation Districts › Subchapter B. Creation of District › Section 61.025. Petition to Create District in Two Counties

Sec. 61.025.  PETITION TO CREATE DISTRICT IN TWO COUNTIES.  (a)  If the proposed district is located in two counties, the petition shall be presented to the commissioners court of the county which includes the greater part of the district, and this county shall be the county of jurisdiction with relation to all matters concerning the district.
(b)  The petition shall be signed by 25 resident property taxpayers in each county in the district or if there are fewer than 75 resident property taxpayers in either of the counties, then by one-third of the resident property taxpayers in that county.
(c)  The name of the district shall include the name of the county which has jurisdiction.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 61 - Article Iii, Section 52, Navigation Districts › Subchapter B. Creation of District › Section 61.026. Deposit

Sec. 61.026.  DEPOSIT.  (a)  The petition shall be accompanied by $500 in cash, which shall be deposited with the clerk of the commissioners court.
(b)  The money shall be held by the clerk until after the result of the election for the creation of the district has been declared and entered of record by the commissioners court.
(c)  If the result of the election is in favor of the establishment of the district, the deposit shall be returned to the petitioners or their agent or attorney.
(d)  If the result of the election is against the establishment of the district, the clerk shall pay out of the $500, with vouchers signed by the county judge, all costs and expenses connected with the proposed district, including the election.  Any balance shall be returned to the petitioners or their agents or attorney.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 61 - Article Iii, Section 52, Navigation Districts › Subchapter B. Creation of District › Section 61.027. Hearing

Sec. 61.027.  HEARING.  (a)  On presentation of the petition, the commissioners court shall order a hearing to be held at a regular or special term of the commissioners court.
(b)  The hearing shall be held not less than 30 days nor more than 60 days from the date the petition is presented.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 61 - Article Iii, Section 52, Navigation Districts › Subchapter B. Creation of District › Section 61.028. Notice of Hearing

Sec. 61.028.  NOTICE OF HEARING.  (a)  The commissioners court shall order the clerk to give notice of the date and place of the hearing by posting a copy of the petition and the order of the commissioners court at the courthouse door and at four other public places within the boundaries of the proposed district.
(b)  The notices shall be posted not less than 20 days immediately preceding the time set for the hearing.
(c)  If the district is composed of more than one county, the notices shall be posted in each county.
(d)  The clerk is entitled to receive $1 for each notice he posts and five cents a mile for each mile traveled to post the notices.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 61 - Article Iii, Section 52, Navigation Districts › Subchapter B. Creation of District › Section 61.029. Hearing by Board

Sec. 61.029.  HEARING BY BOARD.  (a)  If the proposed district includes all or part of a city acting under special charter granted by the legislature, the hearing shall be held at the regular meeting place of the commissioners court before a board.
(b)  The board shall include the county judge and the members of the commissioners court and the mayor and the aldermen or commissioners of the city or cities.
(c)  The board shall pass on the petition with each individual member having one vote.
(d)  A majority in number of the persons composing the board shall constitute a quorum, and the action of the quorum shall control.
(e)  The hearing shall be held and notice shall be given as provided in Sections 61.027-61.028 of this code.
(f)  The clerk shall record the proceedings of the board in the book kept for that purpose, and this record shall be available for public inspection.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 61 - Article Iii, Section 52, Navigation Districts › Subchapter B. Creation of District › Section 61.030. Conduct of Hearing

Sec. 61.030.  CONDUCT OF HEARING.  (a)  The commissioners court or the board has exclusive jurisdiction to hear and determine all contests and objections to the creation of the proposed district, all matters relating to the creation of the proposed district, and all subsequent proceedings of the proposed district after it is organized.
(b)  The commissioners court or the board may adjourn the hearing from day to day, and all judgments or decisions rendered by it shall be final unless otherwise provided in this chapter.
(c)  Any person who might be affected by creation of the district may appear at the hearing and support or oppose creation of the proposed district and may offer testimony relating to:
(1)  the necessity and feasibility of the proposed district;
(2)  the benefits to accrue from formation of the proposed district;
(3)  the boundaries of the proposed district;  or
(4)  any other matter concerning the proposed district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 61 - Article Iii, Section 52, Navigation Districts › Subchapter B. Creation of District › Section 61.031. Findings

Sec. 61.031.  FINDINGS.  (a)  If it appears at the hearing that the proposed improvements are feasible and practicable and would be a public benefit and utility, the commissioners court or the board shall make these findings and approve the boundaries stated in the petition or make changes in the boundaries.
(b)  Changes may not be made in the proposed boundaries until notice is given and a hearing held in the manner provided in Sections 61.027-61.030 of this code.
(c)  If the commissioners court or board is unable to make the findings under Subsection (a) of this section, it shall dismiss the petition at the cost of the petitioners.  Dismissal of the petition shall not prevent presentation of other petitions at a later date.
(d)  The commissioners court or the board shall enter all findings in its records.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.