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AN ACT
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relating to the conveyance of certain real property by certain |
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navigation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 60, Water Code, is amended |
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by adding Section 60.0381 to read as follows: |
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Sec. 60.0381. CONVEYANCE OF LAND BY CERTAIN NAVIGATION |
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DISTRICTS. (a) This section applies only to: |
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(1) a district that controls a ship channel or |
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waterway that is the subject of a project that has been authorized |
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or modified by the United States Congress in the Water Resources |
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Development Act of 2016 (Pub. L. No. 114-322, Title I, 130 Stat. |
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1632) or the Water Resources Development Act of 2020 (Pub. L. No. |
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116-260, Div. AA, 134 Stat. 2615); and |
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(2) a lease entered into before the effective date of |
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the Act enacting this section. |
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(b) Notwithstanding any other provision of law, including |
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Section 5007.004, Special District Local Laws Code, to the extent |
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that a district has entered into a surface lease with an original |
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term of at least 20 years, the district may sell the land, |
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improvements, easements, and any other interests in the real |
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property or any part of the real property to the surface lease |
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counterparty according to this section. The land, improvements, |
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easements, and any other interests in real property may be conveyed |
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by the district to the surface lease counterparty, without |
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complying with the notice and bidding or other requirements of |
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Sections 60.040-60.042. The sale must be: |
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(1) approved by the port commission; |
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(2) executed by the chair of the port commission; |
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(3) attested by the executive director of the |
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district; and |
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(4) made for an amount that is not less than the |
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reasonable market value of the land, improvements paid for by the |
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district, easements, or other interest in real property, as |
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applicable, at the time of contracting for the sale. |
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(c) Money received from the sale of real property as |
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described by this section in excess of the sum of the reasonable |
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market value of the property and the amount of rent due for the |
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unexpired term of the surface lease may be used only for the purpose |
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of a project that has been authorized or modified by the United |
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States Congress in the Water Resources Development Act of 2016 |
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(Pub. L. No. 114-322, Title I, 130 Stat. 1632) or the Water |
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Resources Development Act of 2020 (Pub. L. No. 116-260, Div. AA, 134 |
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Stat. 2615). |
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(d) A district may not sell land under this section to an |
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entity that presents an undue security or safety risk to this state |
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because of potential sabotage to or subversion of the integrity, |
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operation, or maintenance of a ship channel or waterway of this |
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state. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1774 passed the Senate on |
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April 19, 2021, by the following vote: Yeas 30, Nays 1; and that |
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the Senate concurred in House amendment on May 13, 2021, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1774 passed the House, with |
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amendment, on May 6, 2021, by the following vote: Yeas 142, Nays 0, |
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two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |