Texas Special District Local Laws Code § 3883.101 Maritime Improvement And Operations Powers

Sec. 3883.101. MARITIME IMPROVEMENT AND OPERATIONS POWERS. (a) In this section, "port authority" means the Port of Houston Authority of Harris County, Texas.

(b) Except as provided by this section, the district may purchase, construct, acquire, own, operate, maintain, improve, or extend, inside and outside the district, canals, waterways, bulkheads, docks, and any other improvements or facilities necessary or convenient to accomplish the navigation purposes of the district authorized by Section 59, Article XVI, Texas Constitution.

(c) The district may not exercise its powers in, over, under, or across any lands or submerged lands of the port authority, as conveyed by the State of Texas to the Harris County Houston Ship Channel Navigation District by Chapter 292, Acts of the 40th Legislature, Regular Session, 1927.

(d) The design, construction, operation, and maintenance of any improvements or facilities related to navigation of the area commonly known as the Houston Ship Channel or its tributaries, as described in Section 1, Chapter 97, Acts of the 40th Legislature, 1st Called Session, 1927, by the district, any owner of land in the district, or any other person acting by, through, or on behalf of the district or a person who owns land in the district, whether by permission, agency, agreement, lease, easement, license, or otherwise, must comply with the applicable rules, regulations, bylaws, and similar legislative or regulatory acts or policies of the port authority.

(e) Each rule, bylaw, or similar legislative or regulatory act or policy of the district is subject to any applicable rule, bylaw, or similar legislative or regulatory act or policy of the port authority. In case of any conflict or inconsistency, the port authority's rules, bylaws, or similar legislative or regulatory acts or policies control over the rules, bylaws, or similar legislative or regulatory acts or policies of the district.

(f) The rights, powers, privileges, and authority this chapter confers on the district do not supersede or diminish the rights, powers, privileges, and authority of the port authority, the United States Army Corps of Engineers, or any other state or federal agency.

Added by Acts 2009, 81st Leg., R.S., Ch. 885 (S.B. 2531), Sec. 1, eff. June 19, 2009.

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Last modified: September 28, 2016