S.B. No. 1531
 
 
 
 
AN ACT
  relating to navigation districts and the navigation and canal
  commission, including disposing of salvage or surplus personal
  property and purchasing by a district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 60, Water Code, is amended
  by adding Section 60.004 to read as follows:
         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.
         SECTION 2.  Section 60.077, Water Code, is amended to read as
  follows:
         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.
         (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.
         SECTION 3.  Subsection (b), Section 60.120, Water Code, is
  amended to read as follows:
         (b)  Any contract, lease, or agreement entered into under
  Subsection (a) of this section shall be approved by resolution of
  the commission and shall be executed by the chairman, the executive
  director of the district, or an authorized representative of the
  executive director [and attested by the secretary of the
  commission].
         SECTION 4.  Section 60.153, Water Code, is amended to read as
  follows:
         Sec. 60.153.  EXECUTION OF CONTRACTS.  A contract entered
  into by a district under this subchapter shall be approved by
  resolution of the commission, executed by the presiding officer of
  the commission, the executive director of the district, or an
  authorized representative of the executive director, and duly
  attested by the corporate seal of the district.
         SECTION 5.  Subsections (a) and (b), Section 60.403, Water
  Code, are amended to read as follows:
         (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 [or authorized designated employee of a port authority or
  district] may make routine purchases or contracts in an amount not
  to exceed $25,000.
         (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 [the authorized
  designated officer]. 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.
         SECTION 6.  Subsection (b), Section 60.410, Water Code, is
  amended to read as follows:
         (b)  If a change order involves an increase or decrease in
  cost [of $15,000 or] 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.
         SECTION 7.  Subsection (a), Section 60.4125, Water Code, is
  amended to read as follows:
         (a)  Notwithstanding the other provisions of this subchapter
  or any other law, a district or port authority may make a purchase
  or enter into a contract valued at [$25,000 or] more than the amount
  authorized in Section 60.403(a) for routine purchases or contracts
  by any method available to a school district, including all
  procedures and limitations, under Subchapter B, Chapter 44,
  Education Code, that, in the opinion of the port commission,
  provides the best value to the district or port authority.
         SECTION 8.  Section 60.454, Water Code, is amended to read as
  follows:
         Sec. 60.454.  PURCHASING CONTRACT METHODS.  Notwithstanding
  any other provision of this chapter or other law, a district
  contract valued at [$25,000 or] more than the amount authorized in
  Section 60.403(a) for routine purchases or contracts in the
  aggregate for each 12-month period may be made by the method below
  that, in the opinion of the district's commission, provides the
  best value for the district:
               (1)  a design-build contract to construct,
  rehabilitate, alter, or repair facilities;
               (2)  a contract to construct, rehabilitate, alter, or
  repair facilities that involves using a construction manager-agent
  or construction manager-at-risk;
               (3)  competitive sealed proposals for construction,
  repair, rehabilitation, or alteration of a facility, and
  nonconstruction items;
               (4)  a job order contract for the construction, repair,
  rehabilitation, or alteration of a facility;
               (5)  a request for proposals, if the contract is for
  items [services] other than construction services;
               (6)  competitive sealed bids;
               (7)  a catalog purchase as provided by Subchapter B,
  Chapter 2157, Government Code;
               (8)  an interlocal contract as provided by Chapter 791,
  Government Code;
               (9)  the reverse auction procedure as defined by
  Section 2155.062(d), Government Code;
               (10)  a contract with the United States, including any
  agency thereof; or
               (11)  a contract with this state, including an agency
  of this state.
         SECTION 9.  Subsection (d), Section 60.463, Water Code, is
  amended to read as follows:
         (d)  The district shall prepare a request for competitive
  sealed proposals that includes construction documents, selection
  criteria, [estimated budget,] project scope, schedule, and other
  information that contractors may require to respond to the request.
  The district shall state in the request for proposals the selection
  criteria that will be used in selecting the successful offeror.
         SECTION 10.  Section 62.113, Water Code, is amended to read
  as follows:
         Sec. 62.113.  FORM OF CONTRACTS.  All contracts made by the
  commission shall be in writing and signed by the contractors and at
  least two of the commissioners, the executive director of the
  district, or an authorized representative of the executive
  director. [A copy of the contract shall be filed with the county
  clerk.]
         SECTION 11.  Subchapter D, Chapter 62, Water Code, is
  amended by adding Section 62.122 to read as follows:
         Sec. 62.122.  DISPOSITION OF SALVAGE OR SURPLUS PERSONAL
  PROPERTY. The commission may periodically dispose of surplus or
  salvage personal property in the same manner as the commissioners
  court of a county under Subchapter D, Chapter 263, Local Government
  Code.
         SECTION 12.  Section 63.172, Water Code, is amended to read
  as follows:
         Sec. 63.172.  FORMAL REQUIREMENTS OF CONTRACT.  [(a)] A
  contract entered into by the district shall be in writing and signed
  by the contractors and the commissioners, [or] any two of the
  commissioners, the executive director of the district, or an
  authorized representative of the executive director.
         [(b)     A copy of the contract shall be filed with the county
  clerk for reference.]
         SECTION 13.  (a)  Except as provided by Subsection (b) of
  this section, the changes in law made by this Act related to
  contracts and purchases made by a navigation district or port
  authority apply only to a contract entered into or purchase made on
  or after the effective date of this Act.  A contract entered into or
  purchase made before the effective date of this Act is governed by
  the law in effect on the date the contract was entered into or the
  purchase was made, and that law is continued in effect for that
  purpose.
         (b)  Sections 60.410 and 60.454, Water Code, as amended by
  this Act, apply to a contract entered into before, on, or after the
  effective date of this Act. A contract entered into by a navigation
  district or port authority under one of those sections before the
  effective date of this Act is validated in all respects as if the
  contract were entered into as authorized by law.
         SECTION 14.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1531 passed the Senate on
  May 3, 2007, by the following vote: Yeas 31, Nays 0; and that the
  Senate concurred in House amendments on May 24, 2007, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1531 passed the House, with
  amendments, on May 23, 2007, by the following vote: Yeas 144,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor