S.B. No. 1104 |
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relating to the operation, powers, and duties of ship channel | ||
districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsection (c), Section 68.051, Water Code, is | ||
amended to read as follows: | ||
(c) Except as provided by Subsection (d), after [ |
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district is created, the commissioners court that created the | ||
district by order may provide for this chapter to apply to any other | ||
type of facility that the district by petition requests the court to | ||
add. | ||
SECTION 2. Subsections (a) and (b), Section 68.152, Water | ||
Code, are amended to read as follows: | ||
(a) The commissioners court of the county shall appoint as | ||
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appropriate for the staggering of terms who received the highest | ||
number of votes in a [ |
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Each [ |
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a facility owner at a facility in the zone. | ||
(b) After reviewing the list of persons nominated to be | ||
directors, the commissioners court shall approve or disapprove the | ||
nominations for each security zone. | ||
SECTION 3. Section 68.156, Water Code, is amended by adding | ||
Subsection (c) to read as follows: | ||
(c) When a director's term expires, the successor director | ||
is appointed in the manner provided by this subchapter for that | ||
director position. | ||
SECTION 4. Section 68.161, Water Code, is amended to read as | ||
follows: | ||
Sec. 68.161. MEETINGS. (a) Except as provided by | ||
Subsection (c), the [ |
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its meetings and may hold meetings at any time the board determines. | ||
(b) The board shall conduct its meetings in this state [ |
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(c) The board shall meet at least once per year in addition | ||
to conducting hearings as necessary under Section 68.302. | ||
(d) The board may combine its annual meeting, or any other | ||
meeting, with a hearing held under Section 68.302. | ||
(e) At each annual meeting and at each hearing required by | ||
Section 68.302, the board shall make available to the public the | ||
following, except to the extent the board determines that | ||
disclosure may jeopardize the safety and security of a facility in | ||
the district: | ||
(1) an accounting of all federal and district money | ||
received and spent by the district during the preceding year; | ||
(2) a summary of all security projects implemented by | ||
the district, including a report detailing the effectiveness of the | ||
security projects; | ||
(3) a description of all pending or planned district | ||
security projects; and | ||
(4) an estimate of the money that will be received | ||
through any proposed assessments and a description of how the money | ||
will be spent. | ||
SECTION 5. Subchapter F, Chapter 68, Water Code, is amended | ||
by adding Sections 68.255 and 68.256 to read as follows: | ||
Sec. 68.255. QUARTERLY FINANCIAL REPORT BY COMMISSIONERS | ||
COURT. The commissioners court shall provide a quarterly financial | ||
report to the board. The report must comply with generally accepted | ||
accounting principles and list all federal money received by the | ||
county and all outstanding obligations by the county to fund the | ||
district and its functions. | ||
Sec. 68.256. QUARTERLY GENERAL ACCOUNTING BY BOARD. The | ||
board shall prepare a quarterly accounting of the district's | ||
general operating and maintenance costs. The accounting must | ||
comply with generally accepted accounting principles. | ||
SECTION 6. Section 68.301, Water Code, is amended to read as | ||
follows: | ||
Sec. 68.301. AUTHORITY TO IMPOSE ASSESSMENT; HEARING | ||
REQUIRED. (a) The board may impose one or more assessments [ |
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purpose, including for general district purposes or for a specific | ||
security project or security service. | ||
(b) The board may not impose the assessment until the board | ||
holds the hearing required by this subchapter. | ||
SECTION 7. Subsection (a), Section 68.303, Water Code, is | ||
amended to read as follows: | ||
(a) Not later than the 30th day before the date of the | ||
hearing, the district shall provide notice of the hearing by | ||
certified mail, return receipt requested, to each facility owner: | ||
(1) at the current address of each facility according | ||
to the appraisal record maintained by the appraisal district for | ||
that facility under Section 25.02, Tax Code; or | ||
(2) if the appraisal records do not accurately reflect | ||
that address or do not show the physical location of a particular | ||
facility, at the facility's physical location as reflected by any | ||
other information available. | ||
SECTION 8. Subsection (c), Section 68.307, Water Code, is | ||
amended to read as follows: | ||
(c) After all objections have been heard and action has been | ||
taken with regard to those objections, the board by resolution | ||
shall impose the assessments on the facilities and shall specify | ||
the method of payment of the assessments. A facility shall pay | ||
assessments in one lump sum on the date designated by the board, | ||
unless the board allows the [ |
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assessments to be paid in periodic installments under Subsection | ||
(d). | ||
SECTION 9. Section 68.313, Water Code, is amended by | ||
amending Subsection (b) and adding Subsection (d) to read as | ||
follows: | ||
(b) An assessment, a reassessment, or an assessment | ||
resulting from an addition to or correction of the assessment roll | ||
by the district, penalties and interest on an assessment or | ||
reassessment, an expense of collection, and reasonable attorney's | ||
fees incurred by the district: | ||
(1) are a first and prior lien against the facility | ||
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(2) are superior to any other lien or claim other than | ||
a lien or claim for county, school district, or municipal ad valorem | ||
taxes; and | ||
(3) are the personal liability of and a charge against | ||
the owners of the facility [ |
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named in the assessment proceedings. | ||
(d) This section applies to a property interest that is a | ||
facility listed in Section 68.051(b), including: | ||
(1) an improvement or fixture; and | ||
(2) an owned or leased property interest. | ||
SECTION 10. Chapter 68, Water Code, is amended by adding | ||
Subchapter I to read as follows: | ||
SUBCHAPTER I. ADDITION AND EXCLUSION OF TERRITORY AND FACILITIES | ||
Sec. 68.401. PETITION BY BOARD TO ADD TERRITORY AND | ||
FACILITIES. (a) A board may petition the commissioners court of | ||
the county that created the district to add to the district | ||
territory that contains a facility in the county if the board finds | ||
that a security project or security service in the district | ||
benefits or will benefit the facility. | ||
(b) The petition must describe: | ||
(1) the territory to be added; | ||
(2) the facilities in the territory to be added; and | ||
(3) the total territory of the district after the | ||
addition of the territory. | ||
(c) The petition must recommend a security zone in which the | ||
facility to be added should be included. The board may recommend | ||
modifying one or more security zones as necessary to add the | ||
facility. The board of a district that has four security zones may | ||
also recommend adding a fifth security zone as necessary to add the | ||
new facility. The recommendation must also note whether the | ||
security zone of any facilities will change if the petition is | ||
granted. | ||
(d) If any part of an assessment imposed by the board is | ||
allocable to the facility to be added, the petition must describe | ||
the portion, amount, and payment terms of the portion of the | ||
assessment that is allocable to the facility. | ||
Sec. 68.402. HEARING AND ACTION ON BOARD'S PETITION TO ADD | ||
TERRITORY AND FACILITIES. The commissioners court: | ||
(1) shall publish notice and conduct a hearing on the | ||
petition under Sections 68.104 and 68.105; and | ||
(2) may grant the petition if the commissioners court | ||
determines that a security project or security service in the | ||
district benefits or will benefit the facility. | ||
Sec. 68.403. PETITION BY FACILITY OWNER TO ADD TERRITORY | ||
AND FACILITIES. (a) The owner of a facility in the county may | ||
petition the board of a district requesting that the board petition | ||
the commissioners court to add to the district territory that | ||
contains the facility in the county. The petition must describe the | ||
territory and facility to be added and be signed by each owner of | ||
the facility. | ||
(b) If the board grants the petition, the board shall | ||
petition the commissioners court to add the territory and make | ||
recommendations to the court under Subsection (d). | ||
(c) The petition the board submits to the commissioners | ||
court must describe: | ||
(1) the territory to be added; | ||
(2) the facilities in the territory to be added; and | ||
(3) the total territory of the district after the | ||
addition of the territory. | ||
(d) The board shall recommend the security zone in which the | ||
facility to be added should be included. The board may recommend | ||
modifying one or more security zones as necessary to add the | ||
facility. The board of a district that has four security zones may | ||
also recommend adding a fifth security zone as necessary to add the | ||
new facility. The recommendation must also note whether the | ||
security zone of any facilities will change if the petition is | ||
granted. | ||
(e) If any part of an assessment imposed by the board is | ||
allocable to the facility to be added, the board must include with | ||
the petition it forwards to the commissioners court a description | ||
of the portion, amount, and payment terms of the portion of the | ||
assessment that is allocable to the facility. | ||
Sec. 68.404. ACTION ON FACILITY OWNER'S PETITION TO ADD | ||
TERRITORY AND FACILITIES. The commissioners court may grant the | ||
petition. | ||
Sec. 68.405. MODIFICATION OF ORDER. A commissioners court | ||
that adds territory under this subchapter shall modify the order | ||
that created the district under Section 68.107 to: | ||
(1) modify the territory; | ||
(2) add the facility; | ||
(3) describe any security zones created or modified | ||
under this section, including the location of any facilities whose | ||
zone has changed; | ||
(4) identify the security zone in which the added | ||
facility is located; and | ||
(5) describe the portion, amount, and terms of payment | ||
of an assessment imposed by the board that is allocable to the | ||
facility. | ||
Sec. 68.406. PETITION BY BOARD TO EXCLUDE TERRITORY AND | ||
FACILITIES. (a) On the request of a facility in the district or on | ||
its own motion, a board may petition the commissioners court of the | ||
county that created the district to exclude territory and included | ||
facilities from the district. The petition must include: | ||
(1) a finding by the board that excluding the | ||
territory is practical, just, and reasonable; | ||
(2) a description of the territory to be excluded; and | ||
(3) a description of the total territory of the | ||
district after the exclusion of the territory. | ||
(b) The petition may include recommendations to: | ||
(1) modify one or more security zones or eliminate a | ||
security zone, provided that the district may not have fewer than | ||
four security zones; and | ||
(2) modify assessments that the facility has not paid. | ||
Sec. 68.407. HEARING AND ACTION ON BOARD'S PETITION TO | ||
EXCLUDE TERRITORY AND FACILITIES. (a) The commissioners court: | ||
(1) shall publish notice and conduct a hearing on the | ||
petition under Sections 68.104 and 68.105; and | ||
(2) may grant the petition if the commissioners court | ||
finds that exclusion of the territory that contains the facility is | ||
practical, just, and reasonable. | ||
(b) A commissioners court that excludes territory under | ||
this section shall modify the order that created the district under | ||
Section 68.107 to: | ||
(1) modify the territory; | ||
(2) exclude the facility; | ||
(3) describe any security zones modified or eliminated | ||
under this section, including the location of any facilities whose | ||
zone has changed; and | ||
(4) modify unpaid assessments, as applicable. | ||
SECTION 11. Section 68.152, Water Code, as amended by this | ||
Act, applies only to a director nominated on or after the effective | ||
date of this Act. A director nominated before the effective date of | ||
this Act is governed by the law in effect when the nomination was | ||
made, and that law is continued in effect for that purpose. | ||
SECTION 12. 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, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1104 passed the Senate on | ||
April 29, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1104 passed the House on | ||
May 7, 2011, by the following vote: Yeas 120, Nays 0, one present | ||
not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |