S.B. No. 1361
 
 
 
 
AN ACT
  relating to the powers and duties of the Sabine-Neches Navigation
  District of Jefferson County.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 5, Chapter 1472, Acts of the 77th
  Legislature, Regular Session, 2001, is amended to read as follows:
         Sec. 5.  GENERAL POWERS. The district has all of the rights,
  powers, privileges, authority, functions, and duties provided by
  the general law of this state, including Chapters 49, 60, and 62,
  Water Code, applicable to [navigation] districts created under
  Section 59, Article XVI, Texas Constitution.  This Act prevails
  over any provision of general law that is in conflict or
  inconsistent with this Act except that a provision of general law
  that is in conflict or inconsistent with this Act prevails to the
  extent that the commission exercises a power under that general law
  provision and that exercise is authorized by an order or resolution
  expressly referring to that general law provision.
         SECTION 2.  Section 6A, Chapter 1472, Acts of the 77th
  Legislature, Regular Session, 2001, is amended by adding Subsection
  (a-1) to read as follows:
         (a-1)  The district may acquire, purchase, lease, maintain,
  repair, and operate facilities and equipment for preventing,
  detecting, controlling, and fighting fires on or adjacent to the
  Sabine-Neches Waterway and for the protection of life and property
  from damage by fire and explosion.
         SECTION 3.  Section 6B, Chapter 1472, Acts of the 77th
  Legislature, Regular Session, 2001, is amended by amending
  Subsection (f) and adding Subsections (i), (j), (k), (l), and (m) to
  read as follows:
         (f)  The district may provide that payments required by any
  of the district's contracts, agreements, or leases may be payable
  from the sale of notes, taxes, or bonds, or any combination of
  notes, taxes, or bonds, or may be secured by a lien on or a pledge of
  any available funds, including proceeds of the district's
  maintenance tax, and may be payable subject to annual appropriation
  by the district.  The district may pledge to impose and may impose a
  maintenance tax in an amount sufficient to comply with the
  district's obligations under the district's contracts, leases, and
  agreements at a maximum aggregate rate not to exceed 10 cents for
  each $100 valuation of taxable property in the district.  Sections
  26.04, 26.05, 26.07, and 26.012, Tax Code, do not apply to
  maintenance taxes levied and collected for payments under a
  contract, agreement, lease, time warrant, or maintenance note
  issued or executed under this section.
         (i)  The district may:
               (1)  request a person designated by the district to
  create a domestic entity under the Business Organizations Code; and
               (2)  approve:
                     (A)  the provisions of the certificate of
  formation;
                     (B)  the provisions of the bylaws; and
                     (C)  the initial members of the governing body of
  the domestic entity.
         (j)  The provisions of the certificate of formation and the
  bylaws under Subsection (i) may include provisions that:
               (1)  provide that the certificate and the bylaws may
  not be amended without the consent of the district; and
               (2)  require the approval of the district of all
  members of the governing body of the domestic entity. 
         (k)  The domestic entity created under Subsection (i) does
  not have the power of eminent domain.
         (l)  The domestic entity created under Subsection (i) is
  created for the purpose of financing all or a portion of the
  improvement project with funds from any private, public, or
  governmental source, including the district.
         (m)  The district may enter into a contract with the domestic
  entity to pay a portion of the amount to finance the improvement
  project. The district may pledge the proceeds of the district's
  maintenance tax to any contract with the domestic entity in the same
  manner as provided by Subsection (f).
         SECTION 4.  (a)  The legislature validates and confirms all
  acts and proceedings of the board of directors of the Sabine-Neches
  Navigation District of Jefferson County that were taken before the
  effective date of this Act and all claims against the district which
  are not pending on the effective date of this Act and which relate
  to any approved acts or proceedings of the board of directors of the
  district are barred by limitations.
         (b)  Subsection (a) of this section does not apply to any
  matter that on the effective date of this Act:
               (1)  is involved in litigation if the litigation
  ultimately results in the matter being held invalid by a final
  judgment of a court; or
               (2)  has been held invalid by a final judgment of a
  court.
         SECTION 5.  (a)  The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         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, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1361 passed the Senate on
  April 12, 2017, by the following vote:  Yeas 30, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1361 passed the House on
  May 19, 2017, by the following vote:  Yeas 135, Nays 9, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor