reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter A. General Provisions › Section 60.001. Definitions

Sec. 60.001.  DEFINITIONS.  In this chapter:
(1)  "District" means a navigation district organized under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution.
(2)  "Commission" means the navigation and canal commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter A. General Provisions › Section 60.002. Audit

Sec. 60.002.  AUDIT.  Subchapter G, Chapter 49, related to audit of districts, shall apply to districts governed by this chapter.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 33, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter A. General Provisions › Section 60.003. Authority to Contract for the Operation or Development of a District

Sec. 60.003.  AUTHORITY TO CONTRACT FOR THE OPERATION OR DEVELOPMENT OF A DISTRICT.  A district may contract with any person, foreign or domestic, necessary or convenient to the operation or development of the district's ports and waterways.
Added by Acts 1999, 76th Leg., ch. 535, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter A. General Provisions › Section 60.004. Act or Proceeding of District Presumed Valid

Sec. 60.004.  ACT OR PROCEEDING OF DISTRICT PRESUMED VALID.  (a)  An act or proceeding of a district, its governing body, or any local government corporation, development corporation, or nonprofit corporation of the district is conclusively presumed, as of the date it occurred, to be valid and to have occurred in accordance with all applicable statutes and ordinances if:
(1)  the second anniversary of the effective date of the act or proceeding has expired; and
(2)  a lawsuit to annul or invalidate the act or proceeding has not been filed on or before that second anniversary.
(b)  This section does not apply to:
(1)  an act or proceeding that was void at the time it occurred;
(2)  an act or proceeding that, under a statute of this state or the United States, was a misdemeanor or felony at the time the act or proceeding occurred; or
(3)  a matter that on the second anniversary of the effective date of the act or proceeding:
(A)  is involved in litigation if the litigation ultimately results in the matter being held invalid by a final court judgment; or
(B)  has been held invalid by a final court judgment.
Added by Acts 2007, 80th Leg., R.S., Ch. 1210 (H.B. 1841), Sec. 1, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1330 (S.B. 1531), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter A. General Provisions › Section 60.005. Exemption From Taxation and Special Assessments

Sec. 60.005.  EXEMPTION FROM TAXATION AND SPECIAL ASSESSMENTS.  The property of a district is public property used for essential public and governmental purposes.  The district and the district's property are exempt from all taxes and special assessments imposed by this state or a political subdivision of this state.
Added by Acts 2017, 85th Leg., R.S., Ch. 112 (S.B. 1133), Sec. 1, eff. May 26, 2017.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter B. Retirement, Disability, and Death Compensation Fund › Section 60.011. Creation of Retirement, Disability, and Death Compensation Fund

Sec. 60.011.  CREATION OF RETIREMENT, DISABILITY, AND DEATH COMPENSATION FUND.  (a)  The commission of any district created under this code or by special law may provide for and administer a retirement, disability, and death compensation fund for district officers and employees and may adopt plans to effectuate this purpose.
(b)  The plans may include forms of insurance or annuities, or a combination of both, which the commission considers advisable.
(c)  After notice to employees and a hearing, the commission may change the plan or any rule or regulation.
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 B. Retirement, Disability, and Death Compensation Fund › Section 60.013. Eligibility for Other Pension Funds

Sec. 60.013.  ELIGIBILITY FOR OTHER PENSION FUNDS.  The recipients or beneficiaries of a fund created under Section 60.011 of this code shall not be eligible for any other pension retirement funds or direct aid from the State of Texas unless the fund provided for in Section 60.011 of this code is released to the State of Texas as a condition precedent to receiving the other pension aid.
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 B. Retirement, Disability, and Death Compensation Fund › Section 60.014. Hospitalization and Medical Benefits

Sec. 60.014.  HOSPITALIZATION AND MEDICAL BENEFITS.  (a)  The commission may include hospitalization and medical benefits for officers and employees as part of the compensation paid to the officers and employees.
(b)  The commission may provide for the benefits in Subsection (a) of this section by plan, rule, or regulation, and may change any plan, rule, or regulation from time to time.
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 B. -1. Employee Catastrophic Assistance Program › Section 60.021. Definitions

Sec. 60.021.  DEFINITIONS.  In this subchapter:
(1)  "Administrator" means the person designated by the commission or executive director of a district to administer the district's employee catastrophic assistance fund.
(2)  "Assistance fund" means an employee catastrophic assistance fund established by a district under this subchapter.
(3)  "Employee" means a district employee with 12 or more months of continuous employment with the district who is paid from the general fund of the district, from a special fund of the district, or from special grants paid through the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1191 (H.B. 3785), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter B. -1. Employee Catastrophic Assistance Program › Section 60.022. Establishment of Employee Catastrophic Assistance Program

Sec. 60.022.  ESTABLISHMENT OF EMPLOYEE CATASTROPHIC ASSISTANCE PROGRAM.  (a)  The commission or executive director of a district may establish a program in the district to allow an employee to voluntarily transfer time earned by the employee as sick leave or vacation leave to a district employee catastrophic assistance fund.
(b)  The commission or executive director of a district shall designate a person to administer the district assistance fund.
(c)  The commission or executive director of a district shall identify natural or man-made events classified as catastrophic for purposes of this subchapter.
(d)  The commission or executive director of a district may adopt rules and prescribe procedures and forms relating to the operation of the district assistance fund.
Added by Acts 2009, 81st Leg., R.S., Ch. 1191 (H.B. 3785), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter B. -1. Employee Catastrophic Assistance Program › Section 60.023. Employee Contribution to District Assistance Fund

Sec. 60.023.  EMPLOYEE CONTRIBUTION TO DISTRICT ASSISTANCE FUND.  (a)  To contribute to the district assistance fund, an employee must submit an application to the administrator in the prescribed form.
(b)  On approval by the administrator, in a fiscal year the employee may contribute to the district assistance fund not less than one day or more than 10 days of the employee's combined accrued sick leave and vacation leave time.  The administrator shall credit the fund with a dollar amount equivalent to the hourly salary of the employee multiplied by the number of hours contributed by the employee and shall deduct the same number of hours from the accrued sick leave or vacation leave time, as applicable, to which the employee was entitled before the contribution as if the employee had used the time for personal purposes.
(c)  An employee who is terminated or who resigns or retires may make a contribution of not more than 10 days of the combined accrued sick leave or vacation leave time earned by the employee, to take effect immediately before the effective date of the termination, resignation, or retirement.
Added by Acts 2009, 81st Leg., R.S., Ch. 1191 (H.B. 3785), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter B. -1. Employee Catastrophic Assistance Program › Section 60.024. Transfers From District Assistance Fund to Employees

Sec. 60.024.  TRANSFERS FROM DISTRICT ASSISTANCE FUND TO EMPLOYEES.  (a)  An employee may be eligible for a transfer of money from the district assistance fund if, because of a catastrophic event, the employee has suffered unreimbursed losses or expenses.
(b)  An eligible employee must apply to the administrator for a transfer of money from the district assistance fund.  If the administrator determines that the employee is eligible, the administrator shall approve the transfer of money from the fund to the employee.
(c)  An eligible employee may not receive from the district assistance fund more than $5,000 for any catastrophic event.  The administrator shall determine the amount of money that is transferred to the eligible employee.
Added by Acts 2009, 81st Leg., R.S., Ch. 1191 (H.B. 3785), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter C. Additional Powers and Duties of Certain Districts › Section 60.031. Application of Subchapter

Sec. 60.031.  APPLICATION OF SUBCHAPTER.  (a)  The provisions of this subchapter shall apply to:
(1)  any district not participating with the United States in a navigation project; or
(2)  a district participating with the United States in a navigation project if the commission by resolution adopts:
(A)  this subchapter; or
(B)  sections of this subchapter under which the district will operate.
(b)  For the purposes of Subsection (a)(2), a district that contracts with the United States for a navigation project under Subchapter F is considered to be participating with the United States in a navigation project while the contract is in effect.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter C. Additional Powers and Duties of Certain Districts › Section 60.032. Authority to Construct Improvements

Sec. 60.032.  AUTHORITY TO CONSTRUCT IMPROVEMENTS.  The district may construct out of any of its funds, except interest and sinking funds, turning, storage, or yacht basins, harbors, or any facilities which may, in the judgment of the commission, be necessary or useful in the development and utilization of a waterway project for navigation purposes or in aid of navigation purposes.  The district may own or lease dredges and other equipment for the construction or maintenance of those projects.
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 C. Additional Powers and Duties of Certain Districts › Section 60.033. Use of Equipment

Sec. 60.033.  USE OF EQUIPMENT.  (a)  This subchapter does not authorize a district to borrow or receive money or to levy taxes for the purpose of building tugs, barges, scows, dredges, pile drivers, or other floating equipment for use on the water of the United States other than water coming under the jurisdiction of the district or water necessarily adjunctive to the use of the district, as set forth in Section 60.031 of this code.
(b)  Dredges or other equipment, whether owned or leased, shall be confined to use on water under control of the district or a necessary adjunctive part of the district and may not be used in any work or service on any state or federal waterway which is not a necessary adjunctive part of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter C. Additional Powers and Duties of Certain Districts › Section 60.034. Oil, Gas, and Mineral Leases

Sec. 60.034.  OIL, GAS, AND MINERAL LEASES.  The commission may lease for oil, gas, and minerals rights-of-way, spoil grounds, spoil basins, or any other land owned by a navigation district if it does not interfere with use of or obstruct any natural or artificial waterway of the district used for navigation purposes.
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 C. Additional Powers and Duties of Certain Districts › Section 60.035. Notice of Certain Oil, Gas, and Mineral Leases

Sec. 60.035.  NOTICE OF CERTAIN OIL, GAS, AND MINERAL LEASES.  (a)  Before a district may enter into a lease under Section 60.034, the district shall have a notice requesting bids on the lease published in a newspaper of general circulation in the district.  The notice shall be published at least once a week for two consecutive weeks before the final date for the receipt of bids.  Chapter 71, Natural Resources Code, does not apply to a lease made under this section if the lease is made in accordance with this section and Sections 60.036 and 60.037 of this chapter.
(b)  The notice shall include:
(1)  the approximate amount of land offered;
(2)  the general location of the land;
(3)  the time and place for receipt of bids;
(4)  the place where specifications may be obtained;
(5)  information concerning security for the bids;  and
(6)  a statement that the commission reserves the right to reject any or all bids.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 1, eff. June 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 2, eff. June 1, 2017.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter C. Additional Powers and Duties of Certain Districts › Section 60.036. Security for Bid on Oil, Gas, or Mineral Leases

Sec. 60.036.  SECURITY FOR BID ON OIL, GAS, OR MINERAL LEASES.  Each bid submitted shall be accompanied by a certified check, cashier's check, or bidder's bond with a responsible corporate surety authorized to do business in Texas.  The check or bond shall be in an amount equal to the first rental payment and bonus offered for the lease over and above the royalty and shall guarantee that the bidder will perform the terms of his bid if it is accepted 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 C. Additional Powers and Duties of Certain Districts › Section 60.037. Award and Execution of Oil, Gas, and Mineral Leases

Sec. 60.037.  AWARD AND EXECUTION OF OIL, GAS, AND MINERAL LEASES.  (a)  The commission may lease all or any part of land advertised for lease under Section 60.035 of this code.
(b)  The lease shall be awarded to the highest and best bidder and shall reserve at least one-eighth royalty of all gas, oil, or minerals in or produced on the land.  The lease shall contain other provisions reasonably necessary to protect the interests of the district and may not be less favorable to the district than customary commercial leases in the locality.
(c)  The chairman and secretary of the commission shall execute the lease under an order, entered in the minutes of the commission, which shall include the consideration for the lease.
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 C. Additional Powers and Duties of Certain Districts › Section 60.0381. Conveyance of Land by Certain Navigation Districts

Sec. 60.0381.  CONVEYANCE OF LAND BY CERTAIN NAVIGATION DISTRICTS.  (a)  This section applies only to:
(1)  a district that controls a ship channel or waterway that is the subject of a project that has been authorized or modified by the United States Congress in the Water Resources Development Act of 2016 (Pub. L. No. 114-322, Title I, 130 Stat. 1632) or the Water Resources Development Act of 2020 (Pub. L. No. 116-260, Div. AA, 134 Stat. 2615); and
(2)  a lease entered into before the effective date of the Act enacting this section.
(b)  Notwithstanding any other provision of law, including Section 5007.004, Special District Local Laws Code, to the extent that a district has entered into a surface lease with an original term of at least 20 years, the district may sell the land, improvements, easements, and any other interests in the real property or any part of the real property to the surface lease counterparty according to this section.  The land, improvements, easements, and any other interests in real property may be conveyed by the district to the surface lease counterparty, without complying with the notice and bidding or other requirements of Sections 60.040-60.042.  The sale must be:
(1)  approved by the port commission;
(2)  executed by the chair of the port commission;
(3)  attested by the executive director of the district; and
(4)  made for an amount that is not less than the reasonable market value of the land, improvements paid for by the district, easements, or other interest in real property, as applicable, at the time of contracting for the sale.
(c)  Money received from the sale of real property as described by this section in excess of the sum of the reasonable market value of the property and the amount of rent due for the unexpired term of the surface lease may be used only for the purpose of a project that has been authorized or modified by the United States Congress in the Water Resources Development Act of 2016 (Pub. L. No. 114-322, Title I, 130 Stat. 1632) or the Water Resources Development Act of 2020 (Pub. L. No. 116-260, Div. AA, 134 Stat. 2615).
(d)  A district may not sell land under this section to an entity that presents an undue security or safety risk to this state because of potential sabotage to or subversion of the integrity, operation, or maintenance of a ship channel or waterway of this state.
Added by Acts 2021, 87th Leg., R.S., Ch. 148 (S.B. 1774), Sec. 1, eff. May 26, 2021.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter C. Additional Powers and Duties of Certain Districts › Section 60.039. Surface Lease

Sec. 60.039.  SURFACE LEASE.  (a)  Except as provided by Subsection (c), the commission may lease the surface of land for not more than 50 years by the entry of an order on the minutes of the commission and the execution of a lease in the manner provided by the original order.  The lease may not be extended beyond the 50-year period by renewal, extension, or otherwise.
(b)  The commission or the executive director of the district, or a person authorized by the commission or the executive director, may enter into a lease for a monthly tenancy or a tenancy from month to month.  The lease term may only exceed one year if:
(1)  the commission enters an order on the minutes; and
(2)  the execution of the lease is in the manner provided by the original order for the lease.
(c)  This subsection applies only to a district that operates a port in this state that is wholly located in a county that borders the Gulf of Mexico and that is adjacent to a county that contains an international border and borders the Gulf of Mexico.  The district may lease the surface of land for not more than 99 years or may extend a lease to a period not to exceed 99 years only if:
(1)  the lease conveys an interest in the surface of the land for residential purposes only;
(2)  at the time the lease will be entered into or extended, the district has not less than 50 leases in effect that convey an interest in the land surface for residential purposes only; and
(3)  any part of the land owned by the district is subdivided into lots intended for residential use.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1993, 73rd Leg., ch. 23, Sec. 1, eff. April 6, 1993;  Acts 2003, 78th Leg., ch. 588, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 6, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 539 (H.B. 1716), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 789 (H.B. 2610), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter C. Additional Powers and Duties of Certain Districts › Section 60.040. Publication of Notice for Sales, Easements, and Leases in Excess of 50 Years

Sec. 60.040.  PUBLICATION OF NOTICE FOR SALES, EASEMENTS, AND LEASES IN EXCESS OF 50 YEARS.  (a)  Before making a sale, easement, or lease of real property for more than 50 years, the district shall publish a notice in the manner provided in Section 60.035.
(b)  A district may enter into negotiations with one or more potential buyers, easement grantees, or lessees before the publication of the notice without affecting the validity of the sale, easement, or lease.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1993, 73rd Leg., ch. 23, Sec. 2, eff. April 6, 1993;  Acts 2003, 78th Leg., ch. 588, Sec. 2, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 539 (H.B. 1716), Sec. 2, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 3, eff. June 1, 2017.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter C. Additional Powers and Duties of Certain Districts › Section 60.041. Security for Bids on Real Property to Be Sold or Leased for More Than 50 Years

Sec. 60.041.  SECURITY FOR BIDS ON REAL PROPERTY TO BE SOLD OR LEASED FOR MORE THAN 50 YEARS.  Each bid submitted on real property to be sold or leased for more than 50 years under Section 60.040 shall be accompanied by a certified check, cashier's check, or bidder's bond with a responsible corporate surety authorized to do business in Texas.  The check or bond shall be in an amount equal to five percent of the bid price for the real property or 100 percent of the first rental payment under the lease and shall guarantee that the bidder will perform the terms of the bid if it is accepted by the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1993, 73rd Leg., ch. 23, Sec. 3, eff. April 6, 1993;  Acts 2003, 78th Leg., ch. 588, Sec. 3, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 539 (H.B. 1716), Sec. 3, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 4, eff. June 1, 2017.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter C. Additional Powers and Duties of Certain Districts › Section 60.042. Award and Execution of Deed or Lease in Excess of 50 Years

Sec. 60.042.  AWARD AND EXECUTION OF DEED OR LEASE IN EXCESS OF 50 YEARS.  (a)  After notice is published under Section 60.040, the district may sell or lease in accordance with that section all or any part of the real property to the highest and best bidder for an amount which is not less than the reasonable market value in the locality at the time and place of the sale or lease.
(b)  The commission shall adopt a resolution or order confirming the sale or lease.  The resolution or order shall include or incorporate by reference the terms of the sale or lease and the consideration and shall provide that the executive director of the district, or a person authorized by the executive director of the district, is authorized to execute the deed or lease as soon as the successful bidder complies with the terms of the bid.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1993, 73rd Leg., ch. 23, Sec. 4, eff. April 6, 1993;  Acts 2003, 78th Leg., ch. 588, Sec. 4, eff. June 20, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 5, eff. June 1, 2017.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter C. Additional Powers and Duties of Certain Districts › Section 60.043. Power Over Waterways

Sec. 60.043.  POWER OVER WATERWAYS.  (a)  The commission shall have absolute control over channels, or other waterways within the corporate limits of the district and turning basins, yacht basins, and storage basins.  The commission may prevent or remove any obstructions of these facilities and fix proper fees, charges, and tolls for their use.
(b)  The fees, charges, and tolls charged by the district shall be in addition to charges made, as provided by law, for any facilities used by any ship, boat, vessel, or any other character of craft used for water transportation for commercial purposes.  The term commercial purposes shall be limited to any common carrier, contract carrier, or public or private carrier that shall transport or have transported persons, commodities, goods, wares, or merchandise for hire or compensation.
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 C. Additional Powers and Duties of Certain Districts › Section 60.044. Law Governing Commission

Sec. 60.044.  LAW GOVERNING COMMISSION.  The commission of any district operating under this subchapter shall be governed by the provisions of Sections 63.087-63.088 and 63.090-63.094 of this code.
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 D. Regulatory Powers › Section 60.071. General Rule-Making Authority

Sec. 60.071.  GENERAL RULE-MAKING AUTHORITY.  The commission of a district which owns, operates, and maintains wharves, docks, piers, sheds, warehouses, and other similar terminal facilities which are not located inside the boundaries of any incorporated city, town, or village may pass, amend, and repeal any ordinance, rule, or police regulation which is not contrary to the constitution or laws of this state and which is necessary to protect the property and to promote the health, safety, and general welfare of persons using the property.
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 D. Regulatory Powers › Section 60.072. Specific Powers of Districts

Sec. 60.072.  SPECIFIC POWERS OF DISTRICTS.  To accomplish the purposes stated in Section 60.071 of this code, the commission may exercise the following powers:
(1)  control the operation of all types of vehicles using the roads maintained by the district, other than roads dedicated to public use by formal dedication, and prescribe the speed, lighting, and other requirements of these vehicles;
(2)  prohibit loitering on docks, wharves, piers, warehouses, sheds, or other properties of the district;
(3)  control the operation of all types of vessels using harbors, turning basins, basins, or navigable channels of the district and prescribe the speed, lighting, and other requirements of these vessels;
(4)  prohibit smoking and the use of flares, open fires, and inflammable, highly combustible, or explosive substances and materials on docks, wharves, piers, warehouses, sheds, and other properties of the district, or on those parts of the properties and at those times or during those periods as may, in the judgment of the commission, be determined to be dangerous to any of the property or inimical to the safety or general welfare of persons using the property or parts of it;
(5)  prevent on any of the property all trespasses, breaches of the peace and good order, assaults and batteries, fighting, quarrels, use of abusive, profane, or insulting language, disorderly conduct, and misdemeanor theft and punish offenders;
(6)  suppress and prevent any riot, affray, disturbance, or disorderly assembly on any of the property;  and
(7)  license and regulate or suppress and prevent hawkers and peddlers utilizing or attempting to utilize the roads and other property of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter D. Regulatory Powers › Section 60.0725. Nuisances; Pollution

Sec. 60.0725.  NUISANCES; POLLUTION.  The commission may suppress and prevent nuisances, pollution, and improper disposal of materials on any district property to:
(1)  accomplish the purposes stated in Section 60.071;
(2)  protect other district property; or
(3)  promote the health, safety, and general welfare of persons using other district property.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 7, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter D. Regulatory Powers › Section 60.0726. Fires, Explosions, and Hazardous Materials Incidents

Sec. 60.0726.  FIRES, EXPLOSIONS, AND HAZARDOUS MATERIALS INCIDENTS.  A district may respond to and fight a fire, explosion,  or hazardous material incident that occurs on or adjacent to a waterway, channel, or turning basin that is located in the district's territory, regardless of whether the waterway, channel, or turning basin is located in the corporate limits of a municipality.
Added by Acts 2021, 87th Leg., R.S., Ch. 440 (S.B. 1642), Sec. 1, eff. June 8, 2021.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter D. Regulatory Powers › Section 60.073. Enforcement

Sec. 60.073.  ENFORCEMENT.  The commission may provide by ordinance for the enforcement of the provisions of this subchapter and of any ordinance, rule, or regulation made under this subchapter.
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 D. Regulatory Powers › Section 60.074. Style of Ordinances

Sec. 60.074.  STYLE OF ORDINANCES.  The style of an ordinance enacted by the commission shall be:  "Be it ordained by the navigation and canal commissioners of the __________" (inserting the name of the navigation district).
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter D. Regulatory Powers › Section 60.075. Publication of Ordinance, Rule, or Regulation; Proof of Publication

Sec. 60.075.  PUBLICATION OF ORDINANCE, RULE, OR REGULATION;  PROOF OF PUBLICATION.  (a)  Each ordinance, rule, or regulation enacted by the commission under this subchapter which imposes a fine or other penalty shall be published in every issue of a newspaper of general circulation published in the district for the 10-day period immediately following its adoption.  If the only newspaper published in the district is published weekly, the publication shall be made in two consecutive issues of the newspaper.
(b)  Proof of publication under Subsection (a) of this section shall be made by the printer or publisher of the newspaper by affidavit filed with the secretary of the commission and shall be prima facie evidence of publication and adoption of the ordinance, rule, or regulation in all courts of this state.
(c)  In lieu of the publication of the entire ordinance, rule, or regulation, the commission may provide for the publication of a descriptive caption or title, stating in summary the purpose of the ordinance, rule, or regulation and the penalty for violation.
(d)  An ordinance, rule, or regulation shall take effect and be in force from and after publication under Subsection (a) of this section unless otherwise provided.
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 D. Regulatory Powers › Section 60.076. Conflict With Law

Sec. 60.076.  CONFLICT WITH LAW.  No ordinance, rule or regulation adopted by a district under this subchapter may conflict with any law, statute, rule, or regulation of this state.
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 D. Regulatory Powers › Section 60.077. Authority of Peace Officers

Sec. 60.077.  AUTHORITY OF PEACE OFFICERS.  (a)  In prosecutions involving the enforcement of the provisions of this subchapter or the enforcement of any ordinance, rule, or regulation of the district, any sheriff, constable, or other duly constituted peace officer of the State of Texas or any peace officer employed or appointed by the commission may make arrests, serve criminal warrants, subpoenas, or writs, and perform any other service or duty which may be performed by any sheriff, constable, or other duly constituted peace officer of the State of Texas in enforcing other laws of this state.
Text of subsection effective until January 01, 2025
(b)  A peace officer employed or appointed by the commission has the same powers and duties as a peace officer described by Article 2.12, Code of Criminal Procedure.
Text of subsection effective on January 01, 2025
(b)  A peace officer employed or appointed by the commission has the same powers and duties as a peace officer described by Article 2A.001, Code of Criminal Procedure.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 933 (H.B. 3435), Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1330 (S.B. 1531), Sec. 2, eff. June 15, 2007.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.183, eff. January 1, 2025.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter D. Regulatory Powers › Section 60.078. Penalties

Sec. 60.078.  PENALTIES.  A violation of this subchapter or of an ordinance, rule, or regulation adopted by a district under this subchapter is a misdemeanor, and the commission may provide for the punishment of the misdemeanor by a fine of not more than $500 for each offense or violation.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2005, 79th Leg., Ch. 758 (H.B. 2966), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter D. Regulatory Powers › Section 60.079. Jurisdiction of Violations

Sec. 60.079.  JURISDICTION OF VIOLATIONS.  Any justice court in the justice precinct in which an offense under this subchapter is alleged to have been committed or in any county court at law in the county where an offense is alleged to have been committed, which county court at law has concurrent original jurisdiction with the justice court, shall have original jurisdiction of any misdemeanor or violation under this subchapter and original jurisdiction of any violation of an ordinance, rule, or regulation made under this subchapter.
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 E. Powers of Districts for Improvement of Port Facilities › Section 60.101. Acquisition and Maintenance of Port Facilities

Sec. 60.101.  ACQUISITION AND MAINTENANCE OF PORT FACILITIES.  (a)  Any district may acquire land or interests in land by purchase, lease, or otherwise, may convey the land or interest in the land by lease, installment sale, or otherwise, and may purchase, construct, enlarge, extend, repair, maintain, operate, develop, sell by installment sale, or otherwise, and lease as lessor or as lessee:
(1)  wharves and docks;
(2)  warehouses, grain elevators, other storage facilities, and bunkering facilities;
(3)  port-related railroads and bridges;
(4)  floating plants and facilities;
(5)  lightering, cargo-handling, and towing facilities;
(6)  everything appurtenant to these facilities;  and
(7)  all other facilities or aids incidental to or useful in the operation or development of the district's ports and waterways or in aid of navigation and navigation-related commerce in the ports and on the waterways.
(a-1)  A district may acquire, purchase, lease, maintain, repair, and operate facilities and equipment for the purposes of protecting life and property by detecting, responding to, and fighting fires, explosions, and hazardous materials incidents described by Section 60.0726.
(b)  To the extent that the district incurs indebtedness, bonded or otherwise, for purposes of financing the above facilities which in turn are sold by installment sale or otherwise, the indebtedness, principal and interest, may be paid only from the loan or bond sale proceeds and from revenues generated from the project financed by the indebtedness, and security for payment of the principal of and interest on indebtedness shall be limited to a pledge of the project's revenues and the project's facilities including enlargements and additions.
(c)  An installment sale or a lease under this section is not a loan of the district's credit or a grant of public money.  The acquisition and leasing of land and facilities for the purposes included in this section and the operation and industrial and business development of ports and waterways are a public purpose and a matter of public necessity.
(d)  A district may contract with a broker to sell or lease a tract of land in the same manner as the commissioners court of a county under Section 263.008, Local Government Code.
(e)  A lease that requires the lessee to construct improvements on land owned by the district is not a public work contract for purposes of Chapter 2253, Government Code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1983, 68th Leg., p. 411, ch. 84, Sec. 1, eff. May 10, 1983.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 8, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 6, eff. June 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 440 (S.B. 1642), Sec. 2, eff. June 8, 2021.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter E. Powers of Districts for Improvement of Port Facilities › Section 60.102. Utility Relocation

Sec. 60.102.  UTILITY RELOCATION.  (a)  If a district in the exercise of the powers conferred by this subchapter or in the exercise of the power of eminent domain or the police power requires the relocating, raising, lowering, rerouting, or changing in grade, or altering in the construction of any railroad, electric transmission line, telegraph or telephone line, conduit, pole, properties or facilities, or pipeline, the relocating, raising, lowering, rerouting, changing in grade, or altering of construction shall be done at the sole expense of the district.
(b)  "Sole expense" means the actual cost of the relocation, raising, lowering, rerouting, change in grade, or alteration of construction in providing comparable replacement without enhancement of the facilities, after deducting the net salvage value derived from the old facility.
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 E. Powers of Districts for Improvement of Port Facilities › Section 60.103. Prescribing Fees and Charges

Sec. 60.103.  PRESCRIBING FEES AND CHARGES.  The district shall prescribe fees and charges to be collected for the use of the land, improvements, and facilities of the district and for the use of any land, improvements, or facilities acquired under the provisions of this subchapter.  The fees and charges shall be reasonable, equitable, and sufficient to produce revenue necessary to exercise the powers described by Section 60.101 and adequate to pay the expenses described by Section 60.105.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 440 (S.B. 1642), Sec. 3, eff. June 8, 2021.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter E. Powers of Districts for Improvement of Port Facilities › Section 60.104. Power to Borrow Money

Sec. 60.104.  POWER TO BORROW MONEY.  (a)  The commission, for the purposes stated in Subsection (b) of this section, may borrow money from the United States or from any other source and may evidence the debt by issuing notes, warrants, certificates of indebtedness, negotiable bonds, or other forms of obligation of the district payable solely out of the revenue to be derived from land, improvements, and facilities.
(b)  The commission may use the money to acquire land and waterways and all improvements on or to the land and waterways and to acquire, purchase, construct, enlarge, extend, repair, maintain, operate, or develop wharves, docks, warehouses, grain elevators, bunkering facilities, belt railroads, floating plants and facilities, lightering and towing facilities, everything appurtenant to them, and all other facilities or aids incidental to or useful in the operation or development of the district's ports and waterways or in the aid of navigation and commerce in the ports and waterways.
(c)  Obligations issued under this subchapter shall not constitute an indebtedness or pledge of credit of the district and may not be paid in whole or in part from any funds raised or to be raised by taxation.  Each obligation shall contain a recital to this effect.
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 E. Powers of Districts for Improvement of Port Facilities › Section 60.105. Expenses to Be Paid From Current Revenues

Sec. 60.105.  EXPENSES TO BE PAID FROM CURRENT REVENUES.  (a)  The commission shall pay from revenue raised under Section 60.103 of this code:
(1)  all expenses necessary to the operation and maintenance of the improvements and facilities, including the cost of the acquisition of properties and materials necessary to maintain the improvements and facilities in good condition and operate them efficiently, the wages and salaries paid to the employees of the district, and other expenses necessary to the efficient operation of the improvements and facilities;
(2)  the annual or semiannual interest on any obligations issued under this subchapter and payable out of the revenue of the improvements and facilities;  and
(3)  the amount required to be paid annually into the sinking fund for the payment of any obligations issued under this subchapter and payable out of the revenue of the improvements and facilities.
(b)  No expenses other than those authorized by Subsection (a) of this section may be paid from the revenue of the improvements and facilities as long as the principal and interest on any obligations issued under this subchapter remain outstanding and unpaid.  Any revenue received in excess of that required for the purposes stated in Subsection (a) of this section may be used by the commission to pay the cost of improvements and replacements which are not listed and may establish a depreciation fund.
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 E. Powers of Districts for Improvement of Port Facilities › Section 60.106. Pledge of Revenue for Payment of Obligations

Sec. 60.106.  PLEDGE OF REVENUE FOR PAYMENT OF OBLIGATIONS.  (a)  In proceedings to authorize the issuance of obligations under this subchapter, the district may make the obligations payable from and secured by the pledge of all or part of the revenue derived from the ownership or operation of the land, improvements, facilities, or other properties of the district, exclusive of revenue derived from taxation or assessments, or payable from and secured by the pledge of only revenue which may be derived from the ownership or operation of the land, improvements, facilities, or properties acquired with the proceeds of the sale of the obligations.
(b)  The obligations may be issued in more than one series and at any time at which they may be required for carrying out the purposes of the district.
(c)  Any pledge of revenue may reserve the right under conditions, specified in the pledge, to issue additional obligations which will be on a parity with, senior to, or subordinate to the obligations then being issued.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.