H.B. No. 1972
 
 
 
 
AN ACT
  relating to contracts and purchases by certain navigation
  districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 60.403(a), Water Code, is 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 may make routine purchases or contracts in an amount not to
  exceed $50,000 [$25,000].
         SECTION 2.  Section 60.4035(a), Water Code, is amended to
  read as follows:
         (a)  Notwithstanding Sections 60.404 and 60.406, the
  executive director of a port commission or an officer of a port
  commission authorized in writing by the executive director of the
  port commission may make emergency purchases or contracts in an
  amount that exceeds $50,000 [$25,000] 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; or
               (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.
         SECTION 3.  Sections 60.404(a) and (d), Water Code, are
  amended to read as follows:
         (a)  If the materials, supplies, machinery, equipment, or
  other items to be purchased or contracted for exceed $50,000
  [$25,000], notice shall be published as provided by this section.
         (d)  The specifications must:
               (1)  describe in detail the item to be acquired;
               (2)  require that bids be sealed;
               (3)  require the attachment to the bid of a certified
  check, cashier's check, or bidders bond if the bid specifications
  require the bidder to provide a certified check, cashier's check,
  or bidders bond; and
               (4)  indicate whether a small business development
  program adopted by the port commission of the port authority or
  district applies to the purchase and, if so, where a copy of the
  program requirements may be obtained.
         SECTION 4.  Section 60.406(a), Water Code, is amended to
  read as follows:
         (a)  Before a district or port authority may purchase one or
  more items under a contract that will require an expenditure of more
  than $50,000 [$25,000], the port commission of that district or
  port authority must comply with the competitive bidding
  requirements or proposal procedures provided by Sections 60.404 and
  60.405 of this code. All bids must be sealed.
         SECTION 5.  The change in law made by this Act applies only
  to a purchase made or a contract entered into by a navigation
  district on or after the effective date of this Act. A purchase
  made or a contract entered into by a navigation district before the
  effective date of this Act is governed by the law in effect
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 6.  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, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1972 was passed by the House on April
  28, 2009, by the following vote:  Yeas 149, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1972 was passed by the Senate on May
  27, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor