reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5003 - Calhoun Port Authority › Subchapter B. Port Authority Administration › Section 5003.055. Vacancy

Sec. 5003.055.  VACANCY.  (a)  If a vacancy occurs on the board, a majority of the remaining commissioners shall appoint a successor to fill the vacancy for the remainder of the unexpired term.
(b)  For purposes of this chapter, the successor commissioner is treated as an elected commissioner.
(c)  The legislature finds that it is in the best interest of public welfare, general benefit, and the assurance of proper development of marine shipping that:
(1)  the commissioners be representatives of all areas of the port authority; and
(2)  if a commissioner no longer resides in the precinct from which elected, the commissioner's office is vacant.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.061, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5003 - Calhoun Port Authority › Subchapter C. Powers and Duties › Section 5003.101. General Navigation District Powers

Sec. 5003.101.  GENERAL NAVIGATION DISTRICT POWERS.  The port authority and the board, except as specifically restricted by this chapter, have the powers of government and may exercise the rights, powers, duties, privileges, and functions conferred by Chapter 60, 61, 62, or 63, Water Code, on a navigation district created under Section 59, Article XVI, Texas Constitution, that are appropriate to the accomplishment of the purposes stated in Subchapter A.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.062, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5003 - Calhoun Port Authority › Subchapter C. Powers and Duties › Section 5003.102. Ad Valorem Taxes; Bond Election

Sec. 5003.102.  AD VALOREM TAXES; BOND ELECTION.  (a)  If authorized by a majority vote of the port authority voters voting at an election held in the manner provided for a bond election under Subchapter F, Chapter 62, Water Code, the Commissioners Court of Calhoun County may:
(1)  impose maintenance taxes; or
(2)  issue tax bonds and impose taxes to pay for the bonds.
(b)  The commissioners court shall impose the tax for:
(1)  the maintenance of the port authority and its property, including facilities; and
(2)  the payment of the principal of and interest on all bonds or other indebtedness issued by the port authority.
(c)  The maximum tax rate for both maintenance and indebtedness purposes may not exceed a total of 15 cents on each $100 of taxable property in the port authority.
(d)  The Calhoun County tax assessor-collector shall assess and collect taxes imposed under this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.063, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5003 - Calhoun Port Authority › Subchapter C. Powers and Duties › Section 5003.103. Change of Port Authority Not Authorized

Sec. 5003.103.  CHANGE OF PORT AUTHORITY NOT AUTHORIZED.  The board may not by a vote change the port authority from a navigation district to any other type of district authorized by general law.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.064, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5003 - Calhoun Port Authority › Subchapter C. Powers and Duties › Section 5003.104. Limit on Eminent Domain Power

Sec. 5003.104.  LIMIT ON EMINENT DOMAIN POWER.  The port authority may not exercise the power of eminent domain outside Calhoun County in an area in another navigation district without the consent of the other district.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.065, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5003 - Calhoun Port Authority › Subchapter C. Powers and Duties › Section 5003.105. Authority to Designate Industrial Areas or Plant Sites; Findings

Sec. 5003.105.  AUTHORITY TO DESIGNATE INDUSTRIAL AREAS OR PLANT SITES; FINDINGS.  (a)  The board may adopt an order or resolution designating an area of land in the port authority that fronts on navigable water in the port authority as an industrial area or plant site for the aid of navigation.  A defined area may not:
(1)  be located in the corporate limits of a municipality; or
(2)  exceed 1,000 yards in depth as measured from the shoreline.
(b)  A certified copy of an order or resolution adopted under Subsection (a) shall be filed and recorded in the deed records of Calhoun County.  After the copy is filed, a municipality may not include any part of the defined area in its boundaries.
(c)  The board may adopt an order or resolution that removes all or part of a defined area from that designation if the board determines that:
(1)  the area is not suitable for or being used as an industrial area or plant site;
(2)  the area will not be suitable for or used as an industrial area or plant site within a reasonable time; and
(3)  the continued designation does not aid navigation.
(d)  A certified copy of an order or resolution adopted under Subsection (c) shall be filed and recorded in the deed records of Calhoun County.  After the copy is filed, any restriction imposed under this section by the previous designation on the area is removed.
(e)  The legislature finds that the powers granted and restrictions imposed by this section are necessary:
(1)  for the proper exercise by the port authority of the powers granted by Section 59, Article XVI, Texas Constitution, and by this chapter; and
(2)  to promote and effect the navigation of the inland and coastal waters of the state.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.066, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter A. General Provisions › Section 5004.001. Definitions

Sec. 5004.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of the district.
(2)  "Director" means a member of the board.
(3)  "District" means the Cypress Valley Navigation District.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter A. General Provisions › Section 5004.002. Nature of District

Sec. 5004.002.  NATURE OF DISTRICT.  The district is a navigation, conservation, and reclamation district.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter A. General Provisions › Section 5004.003. Legislative Findings

Sec. 5004.003.  LEGISLATIVE FINDINGS.  (a)  All land included in the district will benefit from the exercise of the power conferred by this chapter.
(b)  The creation of the district is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter A. General Provisions › Section 5004.004. Liberal Construction of Chapter

Sec. 5004.004.  LIBERAL CONSTRUCTION OF CHAPTER.  This chapter shall be liberally construed to effect its purposes.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter A. General Provisions › Section 5004.005. District Territory

Sec. 5004.005.  DISTRICT TERRITORY.  The district is composed of all the territory in the watershed of the Cypress River and its tributaries in Harrison and Marion Counties as shown by the state contour maps on file in the office of the Texas Commission on Environmental Quality, unless the district's territory is modified under:
(1)  Section 3 or 3a, Chapter 103, Acts of the 41st Legislature, 1st Called Session, 1929 (Article 8263a, Vernon's Texas Civil Statutes), after August 30, 1965, and before August 30, 1971;
(2)  Subchapter H, Chapter 62, Water Code; or
(3)  other law.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter A. General Provisions › Section 5004.006. Effect of Chapter on Northeast Texas Municipal Water District

Sec. 5004.006.  EFFECT OF CHAPTER ON NORTHEAST TEXAS MUNICIPAL WATER DISTRICT.  It is recognized that the district boundaries described by Section 5004.005 partly overlap an area in the Northeast Texas Municipal Water District as created by Chapter 78, Acts of the 53rd Legislature, Regular Session, 1953 (Article 8280-147, Vernon's Texas Civil Statutes).  This chapter does not alter in any manner the rights, duties, privileges, powers, or immunities of that district.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter B. Board of Directors › Section 5004.051. Composition of Board; Terms

Sec. 5004.051.  COMPOSITION OF BOARD; TERMS.  (a)  All powers of the district shall be exercised by a board consisting of 10 directors.
(b)  Directors serve staggered terms of two years, with the terms of:
(1)  four directors expiring January 1 of even-numbered years; and
(2)  six directors expiring January 1 of odd-numbered years.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter B. Board of Directors › Section 5004.052. Qualifications for Office

Sec. 5004.052.  QUALIFICATIONS FOR OFFICE.  To be eligible for appointment and to serve as a director, a person must:
(1)  be at least 18 years of age;
(2)  reside in the district and in Harrison or Marion County; and
(3)  possess the qualifications of a juror.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter B. Board of Directors › Section 5004.053. Appointment of Directors

Sec. 5004.053.  APPOINTMENT OF DIRECTORS.  At least 10 but not more than 30 days before the date on which a director's term of office expires, the commissioners court of the county of residence of the retiring director shall designate a successor.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter B. Board of Directors › Section 5004.054. Bond

Sec. 5004.054.  BOND.  (a)  Before assuming the director's duties, each director shall execute a good and sufficient bond in the amount of $1,000, payable to the county judges of Harrison and Marion Counties, for the use and benefit of the district conditioned on the faithful performance of the director's duties.
(b)  The district shall pay the cost of the bond.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter B. Board of Directors › Section 5004.055. Filing of Oath

Sec. 5004.055.  FILING OF OATH.  Before assuming the duties of office, each director shall file with the board secretary-treasurer a copy of the constitutional oath of office taken by the director.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter B. Board of Directors › Section 5004.056. Vacancies

Sec. 5004.056.  VACANCIES.  If a vacancy occurs on the board, the commissioners court of the county of residence of the retiring director shall fill the vacancy by appointment.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter B. Board of Directors › Section 5004.057. Compensation; Expenses

Sec. 5004.057.  COMPENSATION; EXPENSES.  (a)  A director may not be paid for services as a director or as a member of a committee authorized by the board.
(b)  A director may be reimbursed for actual expenses incurred by the director in performing a service for the district but only from money raised in the director's county of residence.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter B. Board of Directors › Section 5004.058. Removal From Office

Sec. 5004.058.  REMOVAL FROM OFFICE.  (a)  A director or officer is subject to removal or suspension from office by the affirmative vote of 10 directors for incompetence, official misconduct, official gross negligence, habitual drunkenness, or nonattendance at six consecutive regular meetings of the board.
(b)  A director or officer may not be removed or suspended from office until written charges are filed against the director or officer and the director or officer is given an opportunity for a fair hearing before the board.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter B. Board of Directors › Section 5004.059. Officers

Sec. 5004.059.  OFFICERS.  (a)  At the first board meeting in January of each odd-numbered year, the board shall appoint by board majority:
(1)  from the directors, a presiding officer, an assistant presiding officer, and a secretary-treasurer; and
(2)  if considered proper, an assistant secretary and an assistant treasurer.
(b)  The assistant secretary and assistant treasurer:
(1)  are not required to be directors; and
(2)  may be granted limited powers by the bylaws.
(c)  Officers serve two-year terms, except that the assistant secretary and assistant treasurer, if appointed, hold office at the pleasure of the board.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter B. Board of Directors › Section 5004.060. Meetings

Sec. 5004.060.  MEETINGS.  (a)  All regular and special board meetings shall be held as provided for by the bylaws.
(b)  Notice of all regular and special board meetings shall be given as required by the bylaws.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter C. Powers and Duties › Section 5004.101. General Powers and Duties

Sec. 5004.101.  GENERAL POWERS AND DUTIES.  The district has:
(1)  the powers of government and the authority to exercise the rights, privileges, and functions provided by this chapter; and
(2)  all powers, rights, privileges, and functions conferred on navigation districts created under Section 59, Article XVI, Texas Constitution, and conferred on navigation districts by general law, except as expressly limited by this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter C. Powers and Duties › Section 5004.102. Powers Regarding Canals, Ports, Waterways, and Facilities

Sec. 5004.102.  POWERS REGARDING CANALS, PORTS, WATERWAYS, AND FACILITIES.  The district may:
(1)  promote, construct, maintain, operate, make practicable, aid, and encourage the construction, maintenance, and operation of navigable canals or waterways and all navigational systems or facilities auxiliary to navigable canals or waterways, using the natural bed and banks of the Cypress River and its tributaries and of Caddo Lake where practicable;
(2)  acquire, improve, extend, take over, construct, maintain, repair, operate, develop, and regulate ports, levees, wharves, docks, locks, warehouses, grain elevators, dumping facilities, aids to navigation, or aids consistent with or necessary to the operation or development of ports or waterways within the district; and
(3)  construct, extend, improve, repair, maintain, reconstruct, own, use, and operate any facility of any kind necessary or convenient to the exercise of the powers, rights, privileges, and functions granted by this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter C. Powers and Duties › Section 5004.103. Bylaws and Rules

Sec. 5004.103.  BYLAWS AND RULES.  The district may adopt bylaws and rules for the management, control, and regulation of its affairs.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter C. Powers and Duties › Section 5004.104. Gift or Purchase of Property; Eminent Domain

Sec. 5004.104.  GIFT OR PURCHASE OF PROPERTY; EMINENT DOMAIN.  (a)  In this section, "property" means property of any kind, including a lighter, tug, barge, or other floating equipment of any nature.
(b)  If necessary or convenient to exercising a power, right, privilege, or function conferred on the district by this chapter, the district:
(1)  by gift or purchase may acquire property or an interest in property that is inside or outside the district boundaries; or
(2)  by exercising the power of eminent domain may acquire property or an interest in property that is inside the district boundaries.
(c)  The district must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code, except that the district is not required to give bond for appeal or bond for costs in any judicial proceeding.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter C. Powers and Duties › Section 5004.105. Surplus Property

Sec. 5004.105.  SURPLUS PROPERTY.  The district may sell or otherwise dispose of property or an interest in property of any kind that is not considered necessary to carrying on the business of the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter C. Powers and Duties › Section 5004.106. General Authority to Make Contracts and Execute Instruments

Sec. 5004.106.  GENERAL AUTHORITY TO MAKE CONTRACTS AND EXECUTE INSTRUMENTS.  The district may make a contract or execute an instrument necessary or convenient to exercising a power, right, privilege, or function conferred on the district by this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter C. Powers and Duties › Section 5004.107. Contracts With United States

Sec. 5004.107.  CONTRACTS WITH UNITED STATES.  The district may:
(1)  enter into a contract with the United States, including a contract to consummate or aid a navigation project approved or undertaken by the United States; and
(2)  assume and become responsible for an obligation of the United States and enter into an agreement with the United States to hold and save the United States free from damages due to the construction and maintenance of navigation works in the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter C. Powers and Duties › Section 5004.108. Authority to Spend Money for Seeking Cooperation

Sec. 5004.108.  AUTHORITY TO SPEND MONEY FOR SEEKING COOPERATION.  The district may spend any amount reasonably necessary or expedient for seeking cooperation from the federal government or any other person in accomplishing the objects of this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter C. Powers and Duties › Section 5004.109. Cooperation With Other Governmental Entities Concerned With Navigation on Big Cypress River

Sec. 5004.109.  COOPERATION WITH OTHER GOVERNMENTAL ENTITIES CONCERNED WITH NAVIGATION ON BIG CYPRESS RIVER.  The district shall cooperate with each commission, agency, district, or other governmental entity concerned with navigation on the Big Cypress River to all practical extent.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter C. Powers and Duties › Section 5004.110. Employment of Officers and Employees

Sec. 5004.110.  EMPLOYMENT OF OFFICERS AND EMPLOYEES.  The district may employ, prescribe the duties of, and set the compensation of officers, attorneys, agents, and employees.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter C. Powers and Duties › Section 5004.111. Permits

Sec. 5004.111.  PERMITS.  The district shall obtain from the Texas Commission on Environmental Quality any permit required by general law.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter C. Powers and Duties › Section 5004.112. Authority to Sue and Be Sued

Sec. 5004.112.  AUTHORITY TO SUE AND BE SUED.  The district may sue and be sued in its corporate name.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter C. Powers and Duties › Section 5004.113. Seal

Sec. 5004.113.  SEAL.  The district may adopt and use a corporate seal.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter C. Powers and Duties › Section 5004.114. Red River Compact

Sec. 5004.114.  RED RIVER COMPACT.  The district shall comply with the Red River Compact.  The creation of the district does not affect the compact.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter D. General Financial Provisions › Section 5004.151. Form of Accounts; Maintenance of Records; Public Inspection

Sec. 5004.151.  FORM OF ACCOUNTS; MAINTENANCE OF RECORDS; PUBLIC INSPECTION.  (a)  The board shall keep complete and accurate accounts conforming to approved methods of bookkeeping.
(b)  The accounts and all contracts, documents, and records shall be:
(1)  kept at the district's office; and
(2)  open to public inspection at all reasonable times.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter D. General Financial Provisions › Section 5004.152. Filing Copies of Audit Report

Sec. 5004.152.  FILING COPIES OF AUDIT REPORT.  Copies of the audit report prepared under Subchapter G, Chapter 49, Water Code, as required by Section 60.002 of that code, shall be filed:
(1)  as required by Section 49.194, Water Code; and
(2)  with the county clerks of Harrison and Marion Counties.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter D. General Financial Provisions › Section 5004.153. Procedure for Distribution of Money

Sec. 5004.153.  PROCEDURE FOR DISTRIBUTION OF MONEY.  District money shall be distributed only by check, voucher, draft, order, or other written instrument signed by a person authorized by board resolution to sign the instrument.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter D. General Financial Provisions › Section 5004.154. Bond of Certain Officers, Agents, and Employees

Sec. 5004.154.  BOND OF CERTAIN OFFICERS, AGENTS, AND EMPLOYEES.  (a)  Each officer, agent, or employee of the district who is charged with the collection, custody, or payment of district money shall give bond conditioned on the faithful performance of the person's duties and accounting for all money and property of the district coming into the person's hands.
(b)  The bond must be in a form and manner and with a surety authorized to do business in this state approved by the board.
(c)  The district shall pay the premium on the bond and charge the premium as an operating expense.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter D. General Financial Provisions › Section 5004.155. Authority to Borrow Money, Accept Grants, and Issue Associated Revenue Bonds

Sec. 5004.155.  AUTHORITY TO BORROW MONEY, ACCEPT GRANTS, AND ISSUE ASSOCIATED REVENUE BONDS.  The district may:
(1)  borrow money for its corporate purpose consistent with the constitution and general laws of this state;
(2)  borrow money or accept a grant from the United States or from a corporation or agency created or designated by the United States and, in connection with the loan or grant, enter into any agreement the United States or the corporation or agency requires; and
(3)  issue bonds payable from revenue only for the money borrowed under this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter D. General Financial Provisions › Section 5004.156. Authority to Borrow Money for Current Expenses; Evidence of Obligation

Sec. 5004.156.  AUTHORITY TO BORROW MONEY FOR CURRENT EXPENSES; EVIDENCE OF OBLIGATION.  (a)  The board may:
(1)  borrow money for current expenses; and
(2)  evidence the borrowed money by notes or warrants payable not later than the close of the calendar year for which the loan is made.
(b)  The total amount of the notes or warrants may not exceed the anticipated revenue.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter D. General Financial Provisions › Section 5004.157. No Authority for Ad Valorem Tax

Sec. 5004.157.  NO AUTHORITY FOR AD VALOREM TAX.  This chapter does not authorize the imposition of ad valorem taxes on any property in the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter E. Bonds › Section 5004.201. Definition

Sec. 5004.201.  DEFINITION.  In this subchapter, "net revenue" means the gross revenue derived from the operation of the improvements and facilities of the district the income of which is pledged to the payment of district bonds less the reasonable expense of maintaining and operating those improvements and facilities, including necessary repair, upkeep, and insurance expenses for those improvements and facilities.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter E. Bonds › Section 5004.202. Authority to Issue Bonds

Sec. 5004.202.  AUTHORITY TO ISSUE BONDS.  (a)  To provide money for any of the purposes provided by this chapter or other laws relating to navigation districts, the board may:
(1)  issue district bonds that are secured solely by a pledge of and payable from the net revenue derived from the operation of all or a designated part of the improvements and facilities of the district then in existence or to be constructed or acquired; or
(2)  issue district bonds secured by a pledge of all or part of the proceeds of one or more contracts previously or subsequently made or other revenue or income specified by board resolution.
(b)  As long as bonds issued under Subsection (a)(1) are outstanding, the board shall charge and collect fees, tolls, and other charges sufficient to:
(1)  pay all maintenance and operation expenses of the improvements and facilities the income of which is pledged;
(2)  pay the interest on the bonds as it accrues;
(3)  pay the principal of the bonds as they mature; and
(4)  make any other payments prescribed in the bond order or resolution.
(c)  All district bonds must be authorized by board resolution or order.
(d)  Bonds payable solely from net revenue may be issued without an election.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter E. Bonds › Section 5004.203. Provisions of Bond Resolution or Order; Authority to Adopt or Execute Other Proceedings or Instruments

Sec. 5004.203.  PROVISIONS OF BOND RESOLUTION OR ORDER; AUTHORITY TO ADOPT OR EXECUTE OTHER PROCEEDINGS OR INSTRUMENTS.  (a)  In the resolution or order adopted by the board authorizing the issuance of bonds payable from net revenue or from the proceeds of a contract or contracts, the board may:
(1)  provide for the flow of funds and the establishment and maintenance of an interest and sinking fund, reserve funds, and other funds;
(2)  make any additional covenants for the bonds, the pledged revenue, and the operation, maintenance, and upkeep of the improvements and facilities the income of which is pledged, including a provision for leasing all or part of the improvements and facilities and the use or pledge of money derived from those leases, as the board considers appropriate;
(3)  prohibit the further issuance of bonds or other obligations payable from the pledged net revenue;
(4)  reserve the right to issue additional bonds to be secured by a pledge of and payable from the net revenue on a parity with, or subordinate to, the lien and pledge in support of the bonds being issued, subject to any conditions provided by the resolution or order; or
(5)  include any other provision or covenant, as determined by the board, that is not prohibited by the Texas Constitution or this chapter.
(b)  The board may adopt and execute any other proceeding or instrument necessary or convenient to issue the bonds.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter E. Bonds › Section 5004.204. Form of Bonds

Sec. 5004.204.  FORM OF BONDS.  District bonds must:
(1)  be issued in the district's name;
(2)  be signed by the presiding officer; and
(3)  be attested by the secretary-treasurer.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter E. Bonds › Section 5004.205. Maturity

Sec. 5004.205.  MATURITY.  District bonds must mature not later than 40 years after the date of their issuance.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter E. Bonds › Section 5004.206. Use of Bond Proceeds

Sec. 5004.206.  USE OF BOND PROCEEDS.  The board may appropriate or set aside an amount of proceeds from the sale of any district bonds for:
(1)  the payment of interest expected to accrue during construction of the improvements or facilities;
(2)  reserve funds; and
(3)  expenses incurred and to be incurred in the issuance, sale, and delivery of the bonds.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5004 - Cypress Valley Navigation District › Subchapter E. Bonds › Section 5004.207. Refunding Bonds

Sec. 5004.207.  REFUNDING BONDS.  (a)  The board may issue refunding bonds of the district to refund any outstanding district bonds and accrued interest on those bonds.
(b)  Refunding bonds may:
(1)  be issued to refund more than one series or issue of the outstanding bonds;
(2)  combine the pledges for the outstanding bonds for the security of the refunding bonds; and
(3)  be secured by other or additional revenue.
(c)  Refunding under this section may not impair the contract rights of the holders of any of the outstanding bonds that are not to be refunded.
(d)  Refunding bonds must be authorized by board resolution or order and be executed and mature as provided by this chapter for original bonds.
(e)  The comptroller shall register the refunding bonds on surrender and cancellation of the bonds to be refunded.
(f)  Instead of issuing bonds to be registered on the surrender and cancellation of the bonds to be refunded, the district, in the resolution or order authorizing the issuance of the refunding bonds, may provide for the sale of the refunding bonds and the deposit of the proceeds in the place or places at which the bonds to be refunded are payable.  In that case, the refunding bonds may be issued in an amount sufficient to pay the interest on the bonds to be refunded to their option date or maturity date, and the comptroller shall register the refunding bonds without the surrender and cancellation of the bonds to be refunded.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5005 - Victoria County Navigation District › Subchapter A. General Provisions › Section 5005.001. Definitions

Sec. 5005.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of navigation and canal commissioners of the Victoria County Navigation District.
(2)  "District" means the Victoria County Navigation District.
Added by Acts 2007, 80th Leg., R.S., Ch. 1066 (H.B. 2368), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5005 - Victoria County Navigation District › Subchapter B. Board › Section 5005.051. Composition of Board

Sec. 5005.051.  COMPOSITION OF BOARD.  The district is governed by a board of five navigation and canal commissioners appointed by the Commissioners Court of Victoria County.
Added by Acts 2007, 80th Leg., R.S., Ch. 1066 (H.B. 2368), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5006 - Matagorda County Navigation District No. 1 › Subchapter A. General Provisions › Section 5006.001. Definitions

Sec. 5006.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of navigation and canal commissioners of the district.
(2)  "Commissioner" means a member of the board.
(3)  "District" means the Matagorda County Navigation District No. 1.
Added by Acts 2009, 81st Leg., R.S., Ch. 589 (S.B. 2480), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5006 - Matagorda County Navigation District No. 1 › Subchapter B. District Administration › Section 5006.051. Board of Commissioners; Term; Election

Sec. 5006.051.  BOARD OF COMMISSIONERS; TERM; ELECTION.  (a)  The district is governed by a board consisting of five commissioners elected at large.
(b)  Commissioners serve staggered six-year terms, with the terms of one or two commissioners expiring on November 30 of each even-numbered year.
(c)  An election shall be held in the district every two years on the uniform election date in November to elect one or two commissioners.
Added by Acts 2009, 81st Leg., R.S., Ch. 589 (S.B. 2480), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter A. General Provisions › Section 5007.001. Definitions

Sec. 5007.001.  DEFINITIONS.  In this chapter:
(1)  "Authority" means the Port of Houston Authority of Harris County, Texas.
(2)  "Executive director" means the executive director of the authority.
(3)  "Port commission" means the navigation and canal commission of the authority.
(4)  "Port commissioner" means a member of the port commission.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter A. General Provisions › Section 5007.002. Creation of District; Validation; Territory

Sec. 5007.002.  CREATION OF DISTRICT; VALIDATION; TERRITORY.  (a)  That, effective June 6, 1927, the Harris County Houston Ship Channel Navigation District of Harris County, Texas, in Harris County, as hereinafter described by metes and bounds, is hereby created and established under authority of Article 3, Section 52, of the Constitution of the State of Texas, for the purpose of the development of deep water navigation and the improvement of rivers, bays, creeks, streams, and canals within or adjacent to the authority, including the Houston Ship Channel and dredge material management areas, and to construct and maintain canals or waterways to permit navigation or in aid thereof and for the purpose of and authority to acquire, purchase, undertake, construct, maintain, operate, develop, and regulate wharves, docks, warehouses, grain elevators, bunkering facilities, belt railroads, floating plants, lighterage, lands, dredge material management areas, towing facilities, and all other facilities or aids incident to or necessary to the operation or development of ports or waterways within the authority, including the Houston Ship Channel and dredge material management areas, as provided in Chapter 9 of the Revised Statutes of 1925; and all orders of the Commissioners' Court of Harris County, Texas, and of the Navigation Commissioners, heretofore made in respect to the creation of such authority and the authorization and issuance of the bonds of said authority are hereby in all things ratified, confirmed, and validated.
(b)  The authority herenow created and established after consideration of the benefits to the property therein located, is described by metes and bounds as follows, to-wit:-
Beginning at the entrance to Clear Creek into Galveston Bay; thence running up said creek with the line of Galveston and Brazoria Counties to a point on S. G. Haynie's survey 372 varas S. 62 degrees 32 minutes E. from its west line; thence N. 62 degrees 32 minutes W. 12 miles 318 varas to the head of Brays Bayou; thence N. 56 degrees 30 minutes W. 15 miles 1455 1/2 varas to the old crossing of Buffalo Bayou; thence with the line of Waller County in a straight line to the head of creek; thence down the same with its meanders to the San Jacinto River; thence N. 50 degrees east to the western line of Liberty County; thence with said line to the head of Cedar Bayou; thence down said bayou to its mouth; thence following the boundary line of Harris County to the mouth of Clear Creek, the place of beginning.
Transferred, redesignated and amended from Local Water Laws, Section 1, Chapter 97, 40S1 by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 2, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 758 (S.B. 1864), Sec. 1, eff. June 12, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter A. General Provisions › Section 5007.003. Authority to Issue Bonds

Sec. 5007.003.  AUTHORITY TO ISSUE BONDS. The authority is authorized and empowered to issue in direct conformity with the Constitution and the laws of this State as and when necessary such bonds as may be voted from time to time by the voters voting at any election when called and conducted in direct conformity with the Constitution and laws of Texas and to issue and sell the same subject to such provisions of the Constitution and laws of this State as may be in effect at the time, and subject to the approval of the Attorney General.
Transferred, redesignated and amended from Local Water Laws, Section 7, Chapter 97, 40S1 by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter A. General Provisions › Section 5007.005. Rights of Way; Easements

Sec. 5007.005.  RIGHTS OF WAY; EASEMENTS.  Nothing in this chapter shall prohibit the authority or its successors from granting to the United States of America such rights-of-way or easements as may be required by it for the construction of channels, basins, dumping grounds, or other allied purposes in connection with any work voluntarily undertaken by the Federal Government, or at the request of the authority or its successors.
Transferred, redesignated and amended from Local Water Laws, Section 8, Chapter 292, 40R by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 3, eff. September 1, 2013.