S.B. No. 755

	AN ACT
	relating to the administration, powers, and duties of certain
	navigation districts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter C, Chapter 62, Water Code, is amended
	by adding Section 62.0725 to read as follows:
	Sec. 62.0725.  EXECUTIVE DIRECTOR. (a)  The commission may
	employ an executive director of the district. If the commission
	employs an executive director, the commission must prescribe the
	duties and compensation of the executive director.
	(b)  By rule, order, or resolution, the commission may
	delegate to an executive director the full authority necessary to
	manage the affairs of the district subject only to orders of the
	commission, including the authority to:
	(1)  employ persons necessary for the operation of the
	district and to determine the compensation of those persons; or
	(2)  perform any act on behalf of the district, as
	authorized by the commission.
	(c)  The duties of an executive director may be performed by
	a general manager or chief executive officer.
	SECTION 2.  The heading to Section 62.077, Water Code, is
	amended to read as follows:
	Sec. 62.077.  [ASSISTANT ENGINEERS AND EMPLOYEES;]
	COUNSEL[; SALARIES AND FEES].
	SECTION 3.  Section 62.077(c), Water Code, is amended to
	read as follows:
	(c)  The [amount of compensation for employees and] fees of
	counsel shall be determined by the commission.
	SECTION 4.  Section 62.113, Water Code, is amended to read as
	follows:
	Sec. 62.113.  FORM OF CONTRACTS. All contracts made by the
	district [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, or a person to whom the duties of executive
	director have been delegated.
	SECTION 5.  The heading to Section 62.115, Water Code, is
	amended to read as follows:
	Sec. 62.115.  SUPERVISION OF WORK[; REPORT].
	SECTION 6.  Section 62.115(a), Water Code, is amended to
	read as follows:
	(a)  Unless done under the supervision of the United States,
	all work contracted for by the district [commission] shall be done
	under the supervision of a representative of the district
	[engineer].
	SECTION 7.  Sections 62.116(a) and (b), Water Code, are
	amended to read as follows:
	(a)  A representative of the district [The commission] shall
	inspect the progress of work being done under a contract, and on
	completion of the contract, the district's chief financial officer
	[commission] shall draw a warrant on the county treasurer or issue a
	check payable to the contractor or the contractor's [his] assignee
	for the amount of the contract price.  The warrant or check shall be
	paid out of the construction and maintenance fund or the operating
	fund of the district.
	(b)  If the district [commission] considers it advisable,
	the district [it] may contract for work to be paid for in partial
	payments as the work progresses.  [The partial payments may not
	exceed in the aggregate eighty percent of the total amount to be
	paid under the contract.]  The amount of work completed at the time
	of the partial payment shall be shown by a certificate of a
	representative of the district [engineer].
	SECTION 8.  Section 62.152, Water Code, is amended to read as
	follows:
	Sec. 62.152.  PAYMENT OF EXPENSES [WARRANTS].  The district
	[commission] may draw warrants or issue checks:
	(1)  to pay for [legal] services;
	(2)  to pay the compensation [salary] of [the engineer,
	his assistant, and any other] employees; and
	(3)  to pay all expenses incident to operation of the
	district.
	SECTION 9.  Section 62.153, Water Code, as amended by
	Chapters 398 (S.B. 1131) and 427 (S.B. 1395), Acts of the 85th
	Legislature, Regular Session, 2017, is reenacted and amended to
	read as follows:
	Sec. 62.153.  DUTIES OF DISTRICT TREASURER; AUTHORITY OF
	DESIGNATED OFFICER. (a)  The district treasurer shall:
	(1)  open an account for all funds received by the
	district treasurer for the district and all district funds which
	the treasurer pays out;
	(2)  pay out money on vouchers signed by the chairman of
	the commission, any two members of the commission, or the
	commissioners court, or any two of any number of persons delegated
	by the commission with authority to sign vouchers, provided that
	the commission may, in such delegation, limit the authority of such
	persons and may require that each furnish a fidelity bond in such
	amount as the commission shall specify and subject to commission
	approval;
	(3)  carefully preserve all orders for the payment of
	money; and
	(4)  render a correct account to the commissioners
	court of all matters relating to the financial condition of the
	district as often as required by the commissioners court.
	(b)  The district treasurer is not[; and
	[(5)  not be] required to sign a check drawn on a
	depository selected under Section 62.156, unless the district
	treasurer is the designated officer of the district, as defined by
	Section 60.271(g).
	(c) [(b)]  A designated officer of a district may make a
	payment on behalf of the district by a check drawn on a depository
	selected under Section 62.155 in a manner consistent with the
	payment procedures adopted under Section 60.271(f) without
	authorization by the district treasurer.
	SECTION 10.  Subchapter C, Chapter 63, Water Code, is
	amended by adding Section 63.1045 to read as follows:
	Sec. 63.1045.  EXECUTIVE DIRECTOR. (a)  The district may
	employ an executive director of the district. If the district
	employs an executive director, the district must prescribe the
	duties and compensation of the executive director.
	(b)  The duties of an executive director may be performed by
	a general manager, port director, or chief executive officer.
	SECTION 11.  Section 63.105, Water Code, is amended to read
	as follows:
	Sec. 63.105.  ENGINEER. The district [commission] may
	employ a competent engineer whose term of office and compensation
	shall be determined by the district [commission].
	SECTION 12.  Section 63.107, Water Code, is amended to read
	as follows:
	Sec. 63.107.  DISTRICT EMPLOYEES. (a)  The district:
	(1)  [commission] may employ assistant engineers and
	other persons as it considers necessary for the construction,
	maintenance, operation, and development of the district and[,] its
	business and facilities;[,] and
	(2)  shall determine their term of office and duties[,]
	and fix their compensation.
	(b)  All employees may be removed by the district
	[commission].
	SECTION 13.  Section 63.109, Water Code, is amended to read
	as follows:
	Sec. 63.109.  PAYMENT OF COMPENSATION AND EXPENSES. The
	district [commission] may draw warrants, issue checks, or use a
	payment method adopted under Section 60.271 to pay for:
	(1)  [legal] services;
	(2)  [, for] the compensation [salaries] of [the
	engineer, his assistant, or any other] employees; and
	(3)  [, and for] all expenses incident and relating to
	the district.
	SECTION 14.  The heading to Section 63.175, Water Code, is
	amended to read as follows:
	Sec. 63.175.  SUPERVISION OF WORK [BY ENGINEER].
	SECTION 15.  Section 63.175(a), Water Code, is amended to
	read as follows:
	(a)  Unless done under the supervision of the United States,
	all work contracted for by the district [commission] shall be done
	under the supervision of a representative of the district
	[engineer].
	SECTION 16.  Sections 63.176(a) and (b), Water Code, are
	amended to read as follows:
	(a)  A representative of the district [The commission] shall
	inspect the work being done during its progress, and on completion
	of the contract, the district [commission] shall draw a warrant on
	the district depository or issue a check in favor of the contractor
	or the contractor's [his] assignee for the amount of the contract
	price. The warrant or check shall be paid from the construction and
	maintenance or operating fund.
	(b)  If the district [commission] considers it advisable, it
	may contract to pay for the work in partial payments as the work
	progresses. Partial[, but the partial] payments may not be more in
	the aggregate than the amount allowed under applicable laws [90
	percent of the contract price of the total amount of work done under
	the contract]. The amount of the work shall be shown by a
	certificate of a representative of the district [engineer].
	SECTION 17.  Section 63.175(b), Water Code, is repealed.
	SECTION 18.  The following provisions of the Water Code are
	repealed:
	(1)  Section 62.076;
	(2)  Section 62.077(a); and
	(3)  Section 62.115(b).
	SECTION 19.  To the extent of any conflict, this Act controls
	over another Act of the 86th Legislature, Regular Session, 2019,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	SECTION 20.  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, 2019.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 755 passed the Senate on
	April 11, 2019, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 755 passed the House on
	May 10, 2019, by the following vote:  Yeas 130, Nays 11, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor