HBA-RBT S.B. 1665 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1665
By: Lindsay
Natural Resources
5/10/1999
Engrossed


BACKGROUND AND PURPOSE 

The Port of Houston Authority (PHA), a navigation district and political
subdivision of the state, manages the public port facilities along the
Houston Ship Channel. The Port of Galveston (POG) is a separate utility of
the City of Galveston and operates the navigation and port facilities owned
by that city. At certain times, there have been discussions about
cooperative undertakings between PHA and POG, and in recent years PHA has
leased from POG certain container facilities in Galveston. S.B. 1665 would
authorize PHA to acquire additional facilities of POG on terms not
otherwise authorized under current law.  This bill regulates the authority
of certain navigation districts to acquire land,  equipment, or
improvements and issue bonds. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter D, Chapter 62, Water Code, by adding Sections
62.1071 and 62.1072 , as follows: 

Sec. 62.1071. ACQUISITION OF LAND, EQUIPMENT, OR IMPROVEMENTS IN CERTAIN
COUNTIES. Provides that this section applies only to a district that has a
county of jurisdiction with a population of more than 2.8 million.
Authorizes a district to acquire, by any means except condemnation, and own
land, equipment, or improvements located in a county that is adjacent to
the district's county of jurisdiction if the commission considers the land,
equipment, or improvements under specified circumstances. Authorizes a
district to acquire, and any public or private owner to dispose of land,
equipment, or improvements on any terms to which the commission and the
property owner agree. Sets forth certain provisions regarding the
discontinued operations of a port. Authorizes the commissioners to change
the names of the district in connection with the acquisition of a land
equipment, or improvements under this section. Authorizes a district that
acquires land, equipment, or improvements under this section to use or
pledge to the payment of obligations of the district for the development of
any district facility, regardless of the location of the facility, any
revenue of the district, except as provided by Section 62.209. Provides
that Section 41.001(a), Election Code, does not apply to an election held
under this section. Requires an election held under this section to be
conducted as provided by the Election Code. 

Sec. 62.1072. ADDITIONAL COMMISSIONERS FOR ACQUISITIONS FROM CERTAIN
MUNICIPALITIES.  Authorizes a district that acquires land, equipment, or an
improvement under Section 62.1071 from a municipality that has a population
of more than 35,000 that operates navigation and port facilities and that
is located in a county adjacent to the county of jurisdiction to add
positions for members of the commission, as determined by the commission.
Provides that not more than two positions may be added to the commission
under this section. Requires the governing body of the municipality in
which the acquired land, equipment, or improvements are located to appoint
the additional commissioners. Requires the additional commissioners to
serve terms that are consistent with the law governing the terms of the
other commissioners.  

 SECTION 2. Amends Subchapter F, Chapter 62, Water Code, by adding Section
62.209, as follows: 

Sec. 62.209. USE OF BOND PROCEEDS FOR CERTAIN ACQUISITIONS OF CERTAIN
DISTRICTS. Prohibits a district to which Section 62.1071 applies from
spending for the acquisition of land, equipment, or improvements under that
section the proceeds of bonds authorized by the district's voters before
the district undertakes the acquisition.   

SECTION 3. Emergency clause.
                      Effective date: upon passage.