Title SD, Special District Local Laws Code

Sec. 5009.051. LIMITATION ON POWERS AND DUTIES. Notwithstanding any other law, the district, the commission, or officers of the district may not have any power or authority over the appointment, remuneration, operations, or conduct of the branch pilots of the Galveston Bar or the…

Sec. 5009.101. ESTABLISHMENT OF FUND; DEPOSITS. (a) The district may establish a promotion and development fund. (b) The district, from time to time, may deposit in the fund a portion of the district's accumulated money, plus an amount each year not to exceed 10 percent of the di…

Sec. 5009.102. USE OF FUND. The fund may be used only for: (1) the purposes described by Section 60.203, Water Code; (2) the public purposes of development and diversification of the district's economy; and (3) joint projects with other political subdivisions or entities, includi…

Sec. 5009.103. CONTROL OF FUND. The fund is under the exclusive control of the commission, and the commission has full responsibility for auditing, approving, and safeguarding the expenditure of money from the fund. Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1…

Sec. 5010.0101. DEFINITIONS. In this chapter: (1) "Board" means the board of port commissioners of the district. (2) "Commissioner" means a member of the board. (3) "District" means the Port of Beaumont Navigation District of Jefferson County, Texas. Added by Acts 2019, 86th Leg.…

Sec. 5010.0102. NATURE AND PURPOSE OF DISTRICT. (a) The district is a port district. (b) To the extent authorized by this chapter, the district is created to: (1) improve navigation in the district; (2) maintain, develop, extend, and improve port, wharf, dock, and intermodal faci…

Sec. 5010.0103. LEGISLATIVE FINDINGS. The creation of the district: (1) is essential to: (A) accomplish the purposes of Section 59, Article XVI, Texas Constitution; and (B) the general welfare of this state for the development of maritime shipping to and from the state's ports; (…

Sec. 5010.0104. DISTRICT TERRITORY. The district is composed of the territory: (1) in Jefferson and Orange Counties described by Sections 1 and 1A, Chapter 147, Acts of the 51st Legislature, Regular Session, 1949, as that territory may have been modified under: (A) Section 3 or 3…

Sec. 5010.0105. LIBERAL CONSTRUCTION OF CHAPTER. This chapter shall be construed liberally to effect its purposes. Added by Acts 2019, 86th Leg., R.S., Ch. 495 (H.B. 4666), Sec. 1, eff. September 1, 2019. SUBCHAPTER B. DISTRICT ADMINISTRATION

Sec. 5010.0201. BOARD OF PORT COMMISSIONERS; TERM; ELECTION. (a) The management and control of the district is vested in a board composed of six elected commissioners. (b) Commissioners serve staggered six-year terms, with the terms of two commissioners expiring every two years. …

Sec. 5010.0202. ELECTIONS; WARDS; QUALIFICATIONS. (a) Two commissioners are elected by the voters of the district at large, and each ward is represented on the board by a ward resident elected as commissioner by the voters of the ward. (b) The district is divided into four wards …

Sec. 5010.0203. PLACING CANDIDATE ON BALLOT. (a) An application for a place on the ballot must be: (1) filed with the secretary of the board or another person designated by the board; and (2) signed by: (A) the candidate; or (B) 10 or more qualified voters of the district. (b) Th…

Sec. 5010.0204. COMMISSIONER'S OATH AND BOND. (a) Not later than the 10th day after the date of the commissioner's election, each commissioner shall: (1) take and subscribe an oath of office with conditions in the oath as provided by law for members of the commissioners court of …

Sec. 5010.0205. COMPENSATION OF COMMISSIONERS; EXPENSES. (a) Except as provided by Subsection (b), a commissioner shall receive $500 per month for the commissioner's services. (b) A commissioner serving as president of the board shall receive $550 per month. (c) A commissioner sh…

Sec. 5010.0206. VACANCIES. (a) Except as provided by Subsection (b), if a vacancy occurs in the office of commissioner, the board shall appoint a commissioner for the remainder of the unexpired term. (b) If the number of commissioners is reduced to three, the remaining commission…

Sec. 5010.0207. OFFICERS AND EMPLOYEES. (a) As soon as practicable after each election of commissioners, the board shall elect a president, vice president, and secretary and treasurer. (b) The president and vice president must be members of the board. (c) The office of secretary …

Sec. 5010.0208. DELEGATION. The board may authorize the executive director or another person to perform any act on behalf of the board. Added by Acts 2019, 86th Leg., R.S., Ch. 495 (H.B. 4666), Sec. 1, eff. September 1, 2019.

Sec. 5010.0209. SURETY BOND. (a) Each officer, agent, or employee of the district who is charged with the collection, custody, or payment of district money shall give bond conditioned on: (1) the faithful performance of the person's duties; and (2) an accounting of all money and …

Sec. 5010.0210. DISTRICT OFFICE. A regular office shall be established and maintained for conducting district business either: (1) in the district; or (2) at any place in the city of Beaumont. Added by Acts 2019, 86th Leg., R.S., Ch. 495 (H.B. 4666), Sec. 1, eff. September 1, 201…

Sec. 5010.0211. MEETINGS; QUORUM. (a) The board shall hold regular meetings at least once each month on the day and time designated by the board. (b) The board shall hold special meetings: (1) at the call of the board president; or (2) on the request of three commissioners. (c) F…

Sec. 5010.0212. CONFLICT OF INTEREST; PENALTY. (a) A commissioner, officer, agent, or employee of the district may not be directly or indirectly interested in a contract for the purchase of any property or construction of any work by or for the district. (b) A person who violates…

Sec. 5010.0301. GENERAL AND NAVIGATION DISTRICT POWERS. (a) The district has: (1) the powers of government and the authority to exercise the rights, privileges, and functions specified by this chapter; and (2) all powers, rights, privileges, and functions conferred by general law…

Sec. 5010.0302. POWERS REGARDING WHARVES, DOCKS, AND OTHER FACILITIES; RESTRICTION. (a) This section does not apply to facilities or aids of a type or kind used or engaged in competition with tugs, barges, salvage operations, or shipbuilding or ship repair operations. (b) The dis…

Sec. 5010.0303. POWERS REGARDING WHARFAGE, CHARGES, AND RATES FOR DISTRICT FACILITIES. The district has the power to: (1) regulate wharfage and charges for all facilities of or pertaining to the Port of Beaumont and the waterways in the district; (2) assess and collect charges fo…

Sec. 5010.0304. LIMITATION ON CERTAIN POWERS. This chapter may not be construed as granting the district or the board any power over the appointment, operations, or conduct of: (1) a branch pilot appointed under Section 69.037, Transportation Code; or (2) the board of pilot commi…

Sec. 5010.0305. POWERS CONCURRENT WITH THOSE OF SABINE-NECHES NAVIGATION DISTRICT OF JEFFERSON COUNTY, TEXAS. Except as provided by Section 5010.0303, the district's powers are concurrent with, but do not supersede or interfere with, the jurisdiction and powers of the Sabine-Nech…

Sec. 5010.0306. BYLAWS AND RULES. The district may adopt bylaws and rules for the management and regulation of the district's affairs. Added by Acts 2019, 86th Leg., R.S., Ch. 495 (H.B. 4666), Sec. 1, eff. September 1, 2019.

Sec. 5010.0307. ACQUISITION OF PROPERTY; EMINENT DOMAIN. (a) In this section, "property" means property of any kind, except that the term does not include a lighter, tug, barge, or other floating equipment of any nature. (b) If necessary or convenient to exercising a power, right…

Sec. 5010.0308. MORTGAGE OR FORCED SALE OF CERTAIN DISTRICT FACILITIES. The district may not mortgage or subject to forced sale a facility in use by the district on March 7, 1957. Added by Acts 2019, 86th Leg., R.S., Ch. 495 (H.B. 4666), Sec. 1, eff. September 1, 2019.

Sec. 5010.0309. GENERAL AUTHORITY TO MAKE CONTRACTS AND EXECUTE INSTRUMENTS. The district may make a contract or execute an instrument necessary or convenient to exercising a power, right, privilege, or function conferred on the district by this chapter. Added by Acts 2019, 86th …

Sec. 5010.0310. AUTHORITY TO SUE AND BE SUED. The district may sue and be sued in the district's corporate name. Added by Acts 2019, 86th Leg., R.S., Ch. 495 (H.B. 4666), Sec. 1, eff. September 1, 2019.

Sec. 5010.0311. SEAL. The district may adopt and use a corporate seal. Added by Acts 2019, 86th Leg., R.S., Ch. 495 (H.B. 4666), Sec. 1, eff. September 1, 2019. SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 5010.0401. DEPOSITORY; DEPOSIT AND USE OF DISTRICT MONEY; REPORT. (a) The board shall select a depository or depositories for the district in the manner provided by law for the selection of a county depository. (b) The board in selecting a depository shall act in the same ca…

Sec. 5010.0402. ACCOUNTS, CONTRACTS, AND OTHER RECORDS; PUBLIC INSPECTION. (a) The board shall keep complete and accurate accounts conforming to approved governmental accounting standards. (b) The accounts and all contracts, documents, and records: (1) shall be kept at the distri…

Sec. 5010.0403. FILING COPIES OF AUDIT REPORT. Copies of the audit report prepared under Subchapter G, Chapter 49, Water Code, as required by Section 60.002, Water Code, shall be certified to by the accountant who performed the audit and filed: (1) as required by Section 49.194, …

Sec. 5010.0404. PROCEDURE FOR DISTRIBUTION OF MONEY. District money may be distributed by wire transfer or other electronic means authorized by the board, or by check, voucher, draft, order, or other written instrument signed by at least two persons authorized by board resolution…

Sec. 5010.0405. AUTHORITY TO BORROW MONEY, ACCEPT GRANTS, AND ISSUE ASSOCIATED BONDS. The district may: (1) borrow money for the district's corporate purposes consistent with the constitution and general laws of this state; (2) borrow money or accept a grant from the United State…

Sec. 5010.0406. AUTHORITY TO BORROW MONEY FOR CURRENT EXPENSES; EVIDENCE OF OBLIGATION. (a) The district may: (1) borrow money for current expenses; and (2) evidence the borrowed money by warrants. (b) The amount of the warrants may not exceed the anticipated revenue. Added by Ac…

Sec. 5010.0407. AD VALOREM TAX FOR MAINTENANCE AND OPERATIONS. The district may impose an annual ad valorem tax at a rate not to exceed 10 cents on each $100 valuation of taxable property in the district for the maintenance, operation, and upkeep of the district and the port faci…

Sec. 5010.0408. IMPOSITION OF DISTRICT TAX BY COMMISSIONERS COURT. On request of the board, the Commissioners Court of Jefferson County, Texas, shall impose taxes necessary to pay the interest on the bonded debt and to create a sinking fund to retire the principal of that debt. A…

Sec. 5010.0409. STATUTE OF LIMITATIONS INAPPLICABLE. Collection of public charges of the district other than taxes is not barred by the running of the limitations period. Added by Acts 2019, 86th Leg., R.S., Ch. 495 (H.B. 4666), Sec. 1, eff. September 1, 2019. SUBCHAPTER E. BONDS

Sec. 5010.0501. AUTHORITY TO ISSUE BONDS; ELECTION; TAXES FOR BONDS. (a) The district may issue bonds when the board finds that the bonds are necessary by an order entered of record in the board's minutes. The district may issue bonds to obtain money for any lawful purpose provid…

Sec. 5010.0502. FORM OF BONDS. All bonds issued under this chapter must be: (1) issued in the district's name; (2) signed by the board president; and (3) attested by the district secretary and treasurer. Added by Acts 2019, 86th Leg., R.S., Ch. 495 (H.B. 4666), Sec. 1, eff. Septe…

Sec. 5010.0503. MATURITY. District bonds, including refunding bonds, must mature not later than 40 years after the date of issuance. Added by Acts 2019, 86th Leg., R.S., Ch. 495 (H.B. 4666), Sec. 1, eff. September 1, 2019.

Sec. 5010.0504. REVENUE BONDS. (a) The district may pledge all or part of the revenue derived from any source other than taxation to the payment of revenue bonds issued by the district, including: (1) revenue derived from the operation of: (A) existing facilities; (B) facilities …

Sec. 5010.0505. REFUNDING BONDS. (a) The board may issue refunding bonds to refund like principal amounts of outstanding bonds of the district. (b) Refunding bonds shall be payable from the same source as the bonds refunded except that bonds payable wholly or partly from ad valor…