reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter J. Conversion of Districts › Section 60.246. Powers of Converted District

Sec. 60.246.  POWERS OF CONVERTED DISTRICT.  (a)  Nothing in this subchapter shall be construed to deprive a converted district of any powers conferred on it by the law under which it was organized.
(b)  A converted district shall have the additional powers conferred on districts under Sections 61.151, 61.161-61.168, 61.170, and 61.172-61.175 of this code, and the commissioners of a converted district shall constitute a pilot board under the provisions of Chapter 62, Transportation Code.
(c)  If there is a conflict between the powers conferred by Section 60.245 of this code and the powers preserved by Subsection (a) of this section, the powers conferred by Section 60.245 shall control.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.278, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter J. Conversion of Districts › Section 60.247. Optional Election

Sec. 60.247.  OPTIONAL ELECTION.  (a)  If the navigation board finds in favor of the conversion of the district but pursuant to Subsection (b) of Section 60.244 of this code provides that the conversion is not final, the commissioners court of jurisdiction shall order an election to be held in the district and shall submit to the electors residing in the district the proposition of whether or not the district should be converted and should be authorized to continue to levy an annual tax for the maintenance, operation, and upkeep of the district of not to exceed 10 cents on the $100 valuation of all property within the district.
(b)  The clerk of the commissioners court of jurisdiction shall give notice of the election by posting notices at the courthouse door of the county in which the district is located and at four other public places in the district.
(c)  If the district is composed of more than one county, the notices required by Subsection (b) of this section shall be posted in each county.
(d)  The notices must be posted for 30 days immediately preceding the time set for election.
(e)  The notices must include:
(1)  the time and place of the election;
(2)  the proposition to be voted on;  and
(3)  a copy of the election order.
(f)  The commissioners court by order shall define the voting precincts in the district and shall name convenient polling places in the precincts.
(g)  Immediately after the election, the officers holding the election shall make returns of the results to the commissioners court of jurisdiction, and the commissioners court shall promptly canvass the returns at a regular or special session of the commissioners court following the election.
Added by Acts 1983, 68th Leg., p. 4246, ch. 677, Sec. 2, eff. June 19, 1983.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter J. Conversion of Districts › Section 60.248. Effect of Election

Sec. 60.248.  EFFECT OF ELECTION.  If the commissioners court finds that a majority of those voting at the election voted in favor of the proposition, the court shall declare the results of the election to be in favor of conversion of the district and the levy of the annual maintenance tax and shall enter the results in its minutes.  If the commissioners court finds that a majority of those voting at the election voted against the proposition, it shall declare the results of the election to be unfavorable to the conversion of the district and shall enter the results in its minutes.
Added by Acts 1983, 68th Leg., p. 4246, ch. 677, Sec. 2, eff. June 19, 1983.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter J. Conversion of Districts › Section 60.249. Effect of Optional Conversion

Sec. 60.249.  EFFECT OF OPTIONAL CONVERSION.  (a)  If the conversion is approved by the voters, as provided in Sections 60.247 through 60.248 of this code, the district shall have the same right, power, and authority as is provided in Sections 60.245 through 60.246 of this code.
(b)  The district may continue to levy taxes to fully carry out each purpose of its organization and for the payment of obligations and the maintenance and operation of the district without impairment or change in any of its obligations.
(c)  The district shall advise the Texas Natural Resource Conservation Commission of a conversion not later than the 45th day after the results of the election are canvassed by the commissioners court.
Added by Acts 1983, 68th Leg., p. 4246, ch. 677, Sec. 2, eff. June 19, 1983.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.332, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter K. Depository › Section 60.271. Selection of Depository

Sec. 60.271.  SELECTION OF DEPOSITORY.  (a)  Except as provided by this section, the commission shall select a depository for the district in the same manner that a municipality selects a municipal depository under Chapter 105, Local Government Code.
(b)  The commission in selecting the depository shall act in the same capacity and perform the same duties as the governing body of a municipality in selecting a municipal depository.  The chairman of the commission shall act in the same capacity and perform the same duties as the mayor of a municipality.  The treasurer of the district shall act in the same capacity and perform the same duties as the treasurer of a municipality.
(c)  A bank, credit union, or savings association may not use personal bonds to secure district funds.
(d)  Subchapter B, Chapter 2256, Government Code, does not govern the investment of district funds.
(e)  Section 105.074(e), Local Government Code, applies to the designated officer of the district.
(f)  The district shall adopt payment procedures consistent with Section 105.074(g), Local Government Code. The designated officer of a district may draw a check on a depository only on a warrant signed by the presiding officer and attested by the secretary of the district, or by a procedure adopted under this section.
(g)  In this section, "designated officer" has the meaning assigned by Section 105.001, Local Government Code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1997, 75th Leg., ch. 1400, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 11, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter K. Depository › Section 60.272. Depository Bond

Sec. 60.272.  DEPOSITORY BOND.  The depository shall have all the powers and duties in the execution of a depository bond and in pledging of collateral in lieu of or in addition to a personal surety or surety company bond as provided by law for a county depository.
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 60 - Navigation Districts--General Provisions › Subchapter K. Depository › Section 60.273. Treasurer's Bond

Sec. 60.273.  TREASURER'S BOND.  After the depository executes the bond and it is approved by the commission, the county treasurer shall be required to execute only such a bond as required by the 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 60 - Navigation Districts--General Provisions › Subchapter L. Refunding Bonds › Section 60.301. Authority to Issue Refunding Bonds

Sec. 60.301.  AUTHORITY TO ISSUE REFUNDING BONDS.  The governing body of any district may refund the bonded indebtedness of the district without a vote of the electors of the district in the manner provided by law for counties, cities, and towns and may refund the bonded indebtedness owned by the State Board of Education in the manner provided for independent school districts incorporated for free school purposes only.
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 60 - Navigation Districts--General Provisions › Subchapter M. Tax Bonds, Revenue Bonds, and Combination Tax and Revenue Bonds › Section 60.331. Classes of Bonds Authorized

Sec. 60.331.  CLASSES OF BONDS AUTHORIZED.  For the purpose of carrying out any one or more powers of a district, the governing body of any district may issue negotiable bonds of three general classes:
(1)  bonds secured by ad valorem taxes;
(2)  bonds secured solely by a pledge of all or part of the revenues accruing to the district, including but without limitation those received from sale of water, rendition of services, tolls, charges, and from all sources other than ad valorem taxes;
(3)  bonds secured by a combination pledge of revenues and taxes.
Added by Acts 1973, 63rd Leg., p. 770, ch. 343, Sec. 1, eff. Aug. 27, 1973.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter M. Tax Bonds, Revenue Bonds, and Combination Tax and Revenue Bonds › Section 60.332. Issuance of Bonds

Sec. 60.332.  ISSUANCE OF BONDS.  (a)  Any district may issue bonds provided in Subdivision (2), Section 60.331 of this code, by action of its governing body and without the necessity of an election.
(b)  Bonds to be issued under Subdivisions (1) and (3), Section 60.331 of this code, can be issued only after authorization at an election held for that purpose throughout the territory comprising the district.  The elections shall be conducted substantially in accordance with the procedure prescribed in the Election Code.
Added by Acts 1973, 63rd Leg., p. 770, ch. 343, Sec. 1, eff. Aug. 27, 1973.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter M. Tax Bonds, Revenue Bonds, and Combination Tax and Revenue Bonds › Section 60.333. Form of Bonds

Sec. 60.333.  FORM OF BONDS.  (a)  Bonds of the district shall be authorized by resolution adopted by the governing board and shall be signed by the presiding officer or assistant presiding officer, and attested by the secretary, and the seal of the district shall be impressed on them.
(b)  Within the discretion of the district, as evidenced by the resolution, bonds may be issued bearing the facsimile signatures of the officers and the seal of the district may be lithographed or printed thereon.
Added by Acts 1973, 63rd Leg., p. 770, ch. 343, Sec. 1, eff. Aug. 27, 1973.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter M. Tax Bonds, Revenue Bonds, and Combination Tax and Revenue Bonds › Section 60.334. Maturity of Bonds

Sec. 60.334.  MATURITY OF BONDS.  Bonds shall mature serially or otherwise within the period and at the times which may be prescribed in the resolution, but not to exceed a maximum of 50 years.
Added by Acts 1973, 63rd Leg., p. 770, ch. 343, Sec. 1, eff. Aug. 27, 1973.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter M. Tax Bonds, Revenue Bonds, and Combination Tax and Revenue Bonds › Section 60.335. Registered and Bearer Bonds

Sec. 60.335.  REGISTERED AND BEARER BONDS.  The bonds may be registered as to principal or as to both principal and interest, and appropriate provisions may be inserted in the resolution authorizing the execution and delivery of bonds for the conversion of registered bonds into bearer bonds and vice versa.
Added by Acts 1973, 63rd Leg., p. 770, ch. 343, Sec. 1, eff. Aug. 27, 1973.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter M. Tax Bonds, Revenue Bonds, and Combination Tax and Revenue Bonds › Section 60.336. Lost and Destroyed Bonds

Sec. 60.336.  LOST AND DESTROYED BONDS.  Provisions may be made in the bond resolution or trust indenture for the substitution of new bonds for those lost or mutilated.
Added by Acts 1973, 63rd Leg., p. 770, ch. 343, Sec. 1, eff. Aug. 27, 1973.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter M. Tax Bonds, Revenue Bonds, and Combination Tax and Revenue Bonds › Section 60.337. Approval of Converted or Substituted Bonds

Sec. 60.337.  APPROVAL OF CONVERTED OR SUBSTITUTED BONDS.  When bonds are approved by the attorney general and registered by the comptroller as prescribed in Section 60.345 of this code, it shall not be necessary to obtain the approval of the attorney general or registration by the comptroller of converted or substituted bonds.
Added by Acts 1973, 63rd Leg., p. 770, ch. 343, Sec. 1, eff. Aug. 27, 1973.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter M. Tax Bonds, Revenue Bonds, and Combination Tax and Revenue Bonds › Section 60.338. Bonds Secured by Revenues

Sec. 60.338.  BONDS SECURED BY REVENUES.  (a)  Bonds secured wholly or in part by a pledge of the revenues of the district may be secured by all or that part of the revenues specified in the resolution authorizing the bonds or in the indenture securing the bonds.
(b)  In making any pledge of the revenues, the right under the conditions specified to issue additional bonds which will be on a parity with, senior to, or subordinate to the bonds then being issued, may be expressly reserved.
(c)  Within the discretion of the governing body, bonds may be secured further by a lien on all or any part of the physical property of the district.
Added by Acts 1973, 63rd Leg., p. 770, ch. 343, Sec. 1, eff. Aug. 27, 1973.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter M. Tax Bonds, Revenue Bonds, and Combination Tax and Revenue Bonds › Section 60.339. Bonds Payable From Taxes

Sec. 60.339.  BONDS PAYABLE FROM TAXES.  Where bonds are issued payable wholly from taxes, it is the duty of the governing body at the time of the bonds authorization to levy a tax sufficient to pay the principal of and interest on the bonds as the interest and principal become due, and to provide the reserve funds if prescribed in the resolution authorizing or the trust indenture securing the bonds.
Added by Acts 1973, 63rd Leg., p. 770, ch. 343, Sec. 1, eff. Aug. 27, 1973.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter M. Tax Bonds, Revenue Bonds, and Combination Tax and Revenue Bonds › Section 60.340. Bonds Payable From Both Taxes and Revenues

Sec. 60.340.  BONDS PAYABLE FROM BOTH TAXES AND REVENUES.  (a)  Where the bonds are payable both from taxes and from revenues of the district a tax shall be levied at the time of the authorization of the bonds sufficient to pay the principal and interest and create and maintain the reserve funds.
(b)  The rate of tax actually to be collected for any year shall be fixed so as to take into consideration the money which shall have been in the interest and sinking fund from the pledged revenues and which will be available for payment of principal and interest and for the creation of the reserve funds to the extent and in the manner permitted by the resolution authorizing or the trust indenture securing the bonds.
Added by Acts 1973, 63rd Leg., p. 770, ch. 343, Sec. 1, eff. Aug. 27, 1973.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter M. Tax Bonds, Revenue Bonds, and Combination Tax and Revenue Bonds › Section 60.341. Rates, Tolls, and Charges

Sec. 60.341.  RATES, TOLLS, AND CHARGES.  (a)  Where bonds are payable wholly from revenues, the governing body shall fix and from time to time revise the rates, tolls, and charges from the sales and services rendered by the district, the revenues from which are pledged, to the end that the rates, tolls, and charges will yield sufficient money:
(1)  to pay designated expenses of the district;
(2)  to pay the principal of and interest on the bonds as the principal and interest mature;  and
(3)  to create and maintain funds as prescribed in the resolution authorizing or the trust indenture securing the bonds.
(b)  Where the bonds are payable both from taxes and from revenues, the governing body shall fix and from time to time revise the rates, tolls, and charges for sales and services rendered by the district, to the extent pledged, which will be sufficient to assure compliance with the resolution authorizing the bonds or the trust indenture securing them.
Added by Acts 1973, 63rd Leg., p. 770, ch. 343, Sec. 1, eff. Aug. 27, 1973.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter M. Tax Bonds, Revenue Bonds, and Combination Tax and Revenue Bonds › Section 60.342. Use of Bond Proceeds

Sec. 60.342.  USE OF BOND PROCEEDS.  (a)  From the proceeds of the sale of any issue of bonds the district may set aside an amount for the payment of interest anticipated to accrue for the period specified or during the construction period and for a period after that time as the governing body may determine to be necessary and may provide for a deposit into reserves or the debt service fund to the extent prescribed in the resolution authorizing or the trust indenture securing the bonds.
(b)  Proceeds from the sale of the bonds shall be used for the purposes for which the bonds were authorized and may be used for the payment of all expenses necessarily incurred in accomplishing the purposes for which the district is created, including the expense of issuing and selling the bonds.
(c)  No expenditure of proceeds shall be made in violation of provisions contained in the resolution authorizing or the trust indenture securing the bonds.
Added by Acts 1973, 63rd Leg., p. 770, ch. 343, Sec. 1, eff. Aug. 27, 1973.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter M. Tax Bonds, Revenue Bonds, and Combination Tax and Revenue Bonds › Section 60.343. Interim Bonds

Sec. 60.343.  INTERIM BONDS.  Pending the issuance of definitive bonds the governing body may authorize the delivery of negotiable interim bonds or notes eligible for exchange or substitution by use of definitive bonds.
Added by Acts 1973, 63rd Leg., p. 770, ch. 343, Sec. 1, eff. Aug. 27, 1973.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter M. Tax Bonds, Revenue Bonds, and Combination Tax and Revenue Bonds › Section 60.344. Refunding Bonds

Sec. 60.344.  REFUNDING BONDS.  (a)  The district is authorized to issue refunding bonds for the purpose of refunding any outstanding bonds and interest on them, authorized by this subchapter or any other indebtedness which the district may lawfully assume.
(b)  No election shall be necessary in connection with the authorization and issuance of refunding bonds.
Added by Acts 1973, 63rd Leg., p. 770, ch. 343, Sec. 1, eff. Aug. 27, 1973.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter M. Tax Bonds, Revenue Bonds, and Combination Tax and Revenue Bonds › Section 60.345. Approval and Incontestability of Bonds

Sec. 60.345.  APPROVAL AND INCONTESTABILITY OF BONDS.  (a)  No bonds shall be issued by the district until they shall have been approved by the attorney general.
(b)  After the bonds have been approved by the attorney general and registered by the comptroller of public accounts they shall be negotiable and incontestable.
(c)  When the bonds of an issue are thus approved and registered, the bonds later delivered by the district in lieu of these bonds, pursuant to Section 60.337 of this code in connection with the exchange of registered for unregistered bonds, or unregistered bonds for registered bonds, or in lieu of lost or mutilated bonds, need not be reapproved by the attorney general or reregistered by the comptroller of public accounts.  Nevertheless, the bonds shall likewise be incontestable, and except for the limitations resulting from registration shall be negotiable.
Added by Acts 1973, 63rd Leg., p. 770, ch. 343, Sec. 1, eff. Aug. 27, 1973.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter M. Tax Bonds, Revenue Bonds, and Combination Tax and Revenue Bonds › Section 60.346. Additional Security

Sec. 60.346.  ADDITIONAL SECURITY.  (a)  Any bonds, including refunding bonds, authorized by this subchapter, and not payable wholly from ad valorem taxes, may be additionally secured by a trust indenture under which the trustee may be a bank having trust powers which may be situated either inside or outside the State of Texas.
(b)  The trust indenture may contain provisions prescribed by the governing body for the security of the bonds and the preservation of its properties, contracts, and rights.  It may contain a provision for the amendment or modification of the trust indenture in the manner which it prescribes.
(c)  Without limiting the generality of the provisions which may be contained in the indenture, it may provide that the district shall comply with the requirements of designated consulting engineers for the proper maintenance and operation of the district's properties and for the fixing of adequate tolls, charges, and rates, to assure proper maintenance and operation, and to provide proper debt service for the outstanding bonds in the manner prescribed in the resolution authorizing the issuance of the bonds or in the trust indenture securing the bonds.
Added by Acts 1973, 63rd Leg., p. 770, ch. 343, Sec. 1, eff. Aug. 27, 1973.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter M. Tax Bonds, Revenue Bonds, and Combination Tax and Revenue Bonds › Section 60.347. Investment of Bond Proceeds

Sec. 60.347.  INVESTMENT OF BOND PROCEEDS.  (a)  The proceeds from the sale of any issue of bonds may, within the discretion of the board, be invested prior to their use for the purposes for which they were issued, in bonds or other direct obligations of, or obligations unconditionally guaranteed by, the United States or in certificates of deposit issued by banks as long as the certificates are secured by such obligations or may be invested in accordance with Subchapter A, Chapter 2256, Government Code.
(b)  The investments may be sold pursuant to the directions of the governing body as and when needed for their use for the purposes for which the bonds were issued.
Added by Acts 1973, 63rd Leg., p. 770, ch. 343, Sec. 1, eff. Aug. 27, 1973.  Amended by Acts 1989, 71st Leg., ch. 750, Sec. 3, eff. June 15, 1989;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(11), eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter M. Tax Bonds, Revenue Bonds, and Combination Tax and Revenue Bonds › Section 60.348. Bonds as Investments

Sec. 60.348.  BONDS AS INVESTMENTS.  (a)  All bonds issued pursuant to this subchapter shall be and are hereby declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, fiduciaries, trustees, guardians, and for the sinking fund of cities, towns, villages, counties, school districts, or other political corporations or subdivisions of the State of Texas.
(b)  The bonds shall be eligible to secure the deposit of any and all public funds of the State of Texas, and any and all public funds of cities, towns, villages, counties, school districts, or other political corporations or subdivisions of the State of Texas and the bonds shall be lawful and sufficient security for the deposits to the extent of their face value, when accompanied by all unmatured coupons appurtenant thereto.
Added by Acts 1973, 63rd Leg., p. 770, ch. 343, Sec. 1, eff. Aug. 27, 1973.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter M. Tax Bonds, Revenue Bonds, and Combination Tax and Revenue Bonds › Section 60.349. Effect of Subchapter

Sec. 60.349.  EFFECT OF SUBCHAPTER.  This subchapter shall be wholly sufficient authority within itself for the issuance of the bonds and the performance of the other acts and procedures authorized by it, without reference to any other laws, or any restrictions or limitations contained therein, except as specifically provided in this subchapter.  When any bonds are being issued under this subchapter, then to the extent of any conflict or inconsistency between any provisions this subchapter shall prevail and control;  provided, that any issuer shall have the right to use the provisions of any other laws, not in conflict with the provisions of this subchapter, to the extent convenient or necessary to carry out any power or authority, express or implied, granted by this subchapter.
Added by Acts 1973, 63rd Leg., p. 770, ch. 343, Sec. 1, eff. Aug. 27, 1973.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter N. Competitive Bidding Requirements › Section 60.401. Application of Subchapter

Sec. 60.401.  APPLICATION OF SUBCHAPTER.  (a)  This subchapter applies to a port authority district only if the port commission of that district or port authority by resolution adopts this subchapter.
(b)  A district may adopt this subchapter for a particular purchase or period or for all purchases and contracts, subject to the commission's right to authorize particular procurements under Subchapter O.
(c)  Except as specifically provided by this subchapter, a district that adopts this subchapter is not subject to the purchasing requirements of other laws governing purchases by navigation districts and port authorities.
(d)  Chapter 2269, Government Code, does not apply to 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. 1129 (H.B. 628), Sec. 3.08, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(37), eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 8, eff. June 1, 2017.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter N. Competitive Bidding Requirements › Section 60.402. Definitions

Sec. 60.402.  DEFINITIONS.  In this chapter:
(1)  "Port authority" means a port authority created or operating under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution.
(2)  "Port commission" means the governing body of a navigation district or port authority.
(3)  "Current funds" means funds in the treasury of a district or port authority that are available in the current tax year, revenue that may be anticipated with reasonable certainty to come into the treasury during the current tax year, and emergency funds.
(4)  "Bond funds" means money in the treasury of a district or port authority received from the sale of bonds, and proceeds of bonds that have been voted but have not been issued and delivered.
(5)  "Item" means any service, equipment, goods, or other tangible or intangible personal property, including insurance and high technology items.
(6)  "High technology item" means a service, equipment, or goods of a highly technical nature, including data processing equipment and software and firmware used in conjunction with data processing equipment;  telecommunications, radio, and microwave systems;  electronic distributed control systems including building energy management systems;  and technical services related to those items.
(7)  "Public works contracts" means a contract for the construction, repair, or renovation of a structure, road, highway, or other improvement or addition to real property.
(8)  "Purchase" means the acquisition of an item by a port authority, a contract for construction, or performance of services.
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 60.403. Contracts: Purchases

Sec. 60.403.  CONTRACTS:  PURCHASES.  (a)  A port commission, an authorized designated officer of the port commission, the executive director of the district or the port authority, or an authorized representative of the executive director may make routine purchases or contracts in an amount not to exceed $50,000.  A port commission may delegate authority to an authorized designated officer of the port commission, the executive director of the district or the port authority, or an authorized representative of the executive director to make routine purchases or contracts in an amount not to exceed $100,000.
(b)  Before a purchase is made, a purchase order or other form of precommitment approval must be signed by the executive director of the district or the port authority or an authorized representative of the executive director.  For routine contracts or purchases, the precommitment approval may be in the form of a list of approved routine purchases or contracts signed by the executive director.  The signed list shall remain on file in the offices of the district or port authority.
(c)  One original, photocopy, or electronic copy of the purchase order shall be delivered to the person from whom the purchase is made and one original, photocopy, or electronic copy shall be retained on file in the district or port authority in accordance with Subtitle C, Title 6, Local Government Code.
(d)  If any other type of purchase of the district or port authority is subject to the approval of a county auditor, the list of routine purchases or contracts must be approved by the county auditor before the purchases or contracts may be made.
(e)  A district may establish an electronic requisition system to perform some or all of the functions required by Subsections (b), (c), and (d).  An electronic requisition system established under this subsection must electronically transmit data to and receive data from the financial system of the district in a manner that meets professional, regulatory, and statutory requirements and standards, including those relating to purchasing, auditing, and accounting.
Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.  Amended by Acts 1995, 74th Leg., ch. 632, Sec. 1, eff. June 14, 1995;  Acts 1997, 75th Leg., ch. 262, Sec. 1, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 588, Sec. 7, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1330 (S.B. 1531), Sec. 5, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 415 (H.B. 1972), Sec. 1, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 12, eff. June 17, 2011.
Acts 2023, 88th Leg., R.S., Ch. 1106 (S.B. 1500), Sec. 1, 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 60.4035. Contracts: Emergency Purchases

Sec. 60.4035.  CONTRACTS:  EMERGENCY PURCHASES.  (a)  Notwithstanding the competitive bidding requirements and proposal procedures of this subchapter and Subchapter O and the requirements of Sections 60.408(a), (b), (c), (d), and (e), the executive director of a district or an officer of a district authorized in writing by the port commission may make emergency purchases or contracts or emergency amendments to existing purchase orders or contracts in an amount that exceeds the amount authorized under Section 60.403(a) for routine purchases or contracts if necessary:
(1)  to preserve or protect the public health and safety of the residents of the district;
(2)  to preserve the property of the district in the case of a public calamity;
(3)  to repair unforeseen damage to the property of the district;
(4)  to respond to security directives issued by:
(A)  the federal Department of Homeland Security, including the Transportation Security Administration;
(B)  the United States Coast Guard;
(C)  the federal Department of Transportation, including the Maritime Administration; or
(D)  another federal or state agency responsible for domestic security; or
(5)  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)  The executive director of a district or the authorized officer of the district shall notify the port commissioners of any purchase made under Subsection (a) not later than 48 hours after the purchase is made.
Added by Acts 2003, 78th Leg., ch. 588, Sec. 8, eff. June 20, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 415 (H.B. 1972), Sec. 2, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1191 (H.B. 3785), Sec. 3, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 26.007, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 13, eff. June 17, 2011.
Acts 2023, 88th Leg., R.S., Ch. 1106 (S.B. 1500), Sec. 2, 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 60.405. Proposal Procedures

Sec. 60.405.  PROPOSAL PROCEDURES.  (a)  Notwithstanding Section 60.404, items other than construction services valued at more than the amount authorized by Section 60.403(a) for routine purchases or contracts may be purchased under the procedure provided by this section.
(a-1)  Items that may be purchased under the procedure provided by this section include items required in connection with a navigation project entered into with the United States.
(b)  Quotations shall be solicited by the district or the district's broker through a request for proposals from as many sources as are reasonably available.  The request for proposals must specify the relative importance of price and all other factors of evaluation.
(c)  Public notice of the request for proposals must be made in the same manner as provided by Section 60.404.
(d)  The award of the contract shall be made by the commission in open session to the responsible offerer whose proposal is determined to provide the best value to the district giving consideration to evaluation factors set forth in the request for proposals.
(e)  If so provided in the request for proposals, information in proposals may not be disclosed to the public until the contract is awarded.  After a contract is awarded, proposals shall be open for public inspection, except that information contained in a proposal identified as a trade secret or as confidential shall be kept confidential.
(f)  A district may adopt rules relating to negotiations to be conducted with responsible offerers submitting proposals.  Offerers must be accorded fair and equal treatment with respect to any opportunity for negotiation and revision of proposals.  Revisions to proposal and contract terms may be permitted after submission of a proposal and before award of the contract.
Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 10, eff. June 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 440 (S.B. 1642), Sec. 5, eff. June 8, 2021.
Acts 2021, 87th Leg., R.S., Ch. 440 (S.B. 1642), Sec. 6, eff. June 8, 2021.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter N. Competitive Bidding Requirements › Section 60.406. Competitive Bidding and Proposal Procedures Required for Certain Contracts

Sec. 60.406.  COMPETITIVE BIDDING AND PROPOSAL PROCEDURES REQUIRED FOR CERTAIN CONTRACTS.  (a)  Except as otherwise provided by Section 60.4035 or 60.412, before a district or port authority may purchase one or more items under a contract that will require an expenditure of more than the amount authorized under Section 60.403(a) for routine purchases or contracts, the port commission of that district or port authority must comply with the competitive bidding requirements or proposal procedures provided by this subchapter or Subchapter O.  All bids must be sealed.
(b)  The competitive bidding and proposal requirements provided by this subchapter and Subchapter O apply only to contracts for which payment will be made from current funds or bond funds.
(c)  In applying the competitive bidding procedures and proposal procedures, all separate, sequential, or component purchases of items ordered or purchased from the same supplier by the same officer, entity, or department, purchased with the intent of avoiding the requirements of this subchapter or Subchapter O, shall be treated as if they are part of a single purchase and a single contract.
Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.  Amended by Acts 1993, 73rd Leg., ch. 757, Sec. 23, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 632, Sec. 3, eff. June 14, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 415 (H.B. 1972), Sec. 4, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1191 (H.B. 3785), Sec. 5, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 26.009, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 15, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter N. Competitive Bidding Requirements › Section 60.407. Opening Sealed Proposals and Bids

Sec. 60.407.  OPENING SEALED PROPOSALS AND BIDS.  (a)  An official of the district shall open the bids and competitive sealed proposals on the date specified in the notice.  If an error is discovered in the original specifications or the nature of the item to be purchased requires an extension, the date may be extended.
(b)  Opened bids and sealed proposals shall be kept on file and made available for public inspection.
Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 11, eff. June 1, 2017.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter N. Competitive Bidding Requirements › Section 60.408. Contract Award

Sec. 60.408.  CONTRACT AWARD.  (a)  The bids shall be presented to the port commission in session.
(b)  The port commission may award the contract to the responsible bidder submitting the lowest and best bid, or the port commission may reject any or all bids.
(c)  If two responsible bidders submit the lowest and best bid, the port commission shall decide between the two bids by drawing lots in a manner prescribed by rule by the chairman of the port commission.
(d)  A contract may not be awarded to a bidder who does not submit the lowest dollar bid meeting specifications unless, before the award, each person with a lower bid is given notice of the proposed award and an opportunity to appear before the port commission and present evidence concerning his responsibility.
(e)  A contract valued at more than the amount authorized under Section 60.403(a) for routine purchases or contracts shall be awarded at a regularly scheduled or specially called meeting of the port commission.
(f)  A contract valued at more than the amount authorized under Section 60.403(a) for routine purchases or contracts must be in writing, executed for the district or port authority by the district's or port authority's executive or designated officer or by an authorized designated employee of the district or port authority, and filed with the proper officer of the district or port authority.
(g)  Before a contract valued at more than the amount authorized under Section 60.403(a) for routine purchases or contracts takes effect or is binding on a district or port authority, the appropriate financial officer of the district or port authority must certify that funds are or will be available to meet the contract when due.
(h)  One original, photocopy, or electronic copy of a contract, requisition, or purchase order valued at more than the amount authorized under Section 60.403(a) for routine purchases or contracts must be delivered to the contractor and one original, photocopy, or electronic copy shall be retained on file with the district or port authority in accordance with Subtitle C, Title 6, Local Government Code.
(i)  A purchase or contract valued at more than the amount authorized under Section 60.403(a) for routine purchases or contracts that is not in compliance with this subchapter is void and unenforceable.
Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1191 (H.B. 3785), Sec. 6, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 16, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter N. Competitive Bidding Requirements › Section 60.409. Pricing Method

Sec. 60.409.  PRICING METHOD.  (a)  A purchase may be proposed on a lump-sum or unit-price basis or a combination of a lump-sum basis and a unit-price basis.
(b)  If a district uses unit pricing in its notice, the information furnished proposers or bidders shall specify the approximate quantities estimated on the best available information or other quantities reasonably specified to permit comparison of proposals or bids, and the total contract amount may be based on estimated maximum quantities, but the compensation paid the bidder must be based on the actual quantities purchased.
Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 12, eff. June 1, 2017.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter N. Competitive Bidding Requirements › Section 60.410. Changes in Plans and Specifications

Sec. 60.410.  CHANGES IN PLANS AND SPECIFICATIONS.  (a)  A port commission may change the plans, specifications, proposal, or quantities of items purchased after a contract has been awarded, but the total contract price may not be changed unless the cost can be paid from available funds.
(b)  If a change order involves an increase or decrease in cost less than or equal to the amount authorized in Section 60.403(a) for routine purchases or contracts, a port commission may grant general authority to an employee to approve the change order.  However, the original contract price may not be increased by more than 25 percent or decreased by 18 percent or more without the consent of the contractor.
Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1330 (S.B. 1531), Sec. 6, 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 60.411. Bond Requirements

Sec. 60.411.  BOND REQUIREMENTS.  (a)  If a contract is for the construction of public works or a contract amount exceeds $50,000, the bid specifications or request for proposal may require the bidder to furnish a good and sufficient bid bond in the amount of five percent of the total contract price.  A district or port authority may require that the bond be executed with a surety company:
(1)  authorized to do business in this state;  and
(2)  listed on the United States Department of Treasury List of Approved Sureties.
(b)  Not later than the 10th day after the date of the signing of a contract or issuance of a contract or purchase order, the bidder or proposal offerer shall furnish a performance bond to the district or port authority, if required by a district or port authority, for the full amount of the contract if the contract exceeds $50,000.
(c)  If a contract is for $50,000 or less, a district or port authority may provide in the bid notice or request for proposal that money will not be paid to the contractor until completion and acceptance of the work or fulfillment of the purchase obligation to the district or port authority.
(d)  Bidders or proposal offerers for contracts subject to Chapter 2253, Government Code, are required to furnish a bond as provided by that article, except that a district or port authority may require that the bond be executed with a surety company listed on the United States Department of Treasury List of Approved Sureties.
Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.  Amended by Acts 1993, 73rd Leg., ch. 170, Sec. 1, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(17), eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1191 (H.B. 3785), Sec. 7, eff. June 19, 2009.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter N. Competitive Bidding Requirements › Section 60.4115. Notification of Safety and Environmental Record of Contractor

Sec. 60.4115.  NOTIFICATION OF SAFETY AND ENVIRONMENTAL RECORD OF CONTRACTOR.  (a)  A person that enters into a contract with a district or port authority shall provide, at the request of the district or port authority, notice to the district or authority of any citation, notice of violation or penalty, or other similar document regarding a serious safety or environmental violation that the person received from an agency or department of this state or of the federal government.  The notice must include:
(1)  a general description of the conduct that resulted in the citation, violation, penalty, or similar sanction;  and
(2)  the document from the agency or department that provided notice to the person of the citation, violation, penalty, or similar sanction.
(b)  A district or port authority may terminate a contract with a person if the district or authority determines that the person failed to give notice as required by Subsection (a) or misrepresented conduct that resulted in a citation, notice of violation or penalty, or similar sanction.  The district or port authority shall compensate the person for services performed before the termination of the contract.
(c)  This section applies to all purchasing methods available to a district or port authority.
Added by Acts 2003, 78th Leg., ch. 588, Sec. 10, eff. June 20, 2003.