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