Sec. 60.4035.  CONTRACTS:  EMERGENCY PURCHASES.  (a)  Notwithstanding the competitive bidding requirements and proposal procedures of this subchapter and Subchapter O and the requirements of Sections 60.408(a), (b), (c), (d), and (e), the executive director of a district or an officer of a district authorized in writing by the port commission may make emergency purchases or contracts or emergency amendments to existing purchase orders or contracts in an amount that exceeds the amount authorized under Section 60.403(a) for routine purchases or contracts if necessary:
(1)  to preserve or protect the public health and safety of the residents of the district;
(2)  to preserve the property of the district in the case of a public calamity;
(3)  to repair unforeseen damage to the property of the district;
(4)  to respond to security directives issued by:
(A)  the federal Department of Homeland Security, including the Transportation Security Administration;
(B)  the United States Coast Guard;
(C)  the federal Department of Transportation, including the Maritime Administration; or
(D)  another federal or state agency responsible for domestic security; or
(5)  to respond to an emergency related to supply chain disruptions or shortages or other disruptions or stoppages in the operation of the district which, without harm to the welfare of the district, does not permit the delay incident to the competitive process or would result in undue costs to the district.
(b)  The executive director of a district or the authorized officer of the district shall notify the port commissioners of any purchase made under Subsection (a) not later than 48 hours after the purchase is made.
Added by Acts 2003, 78th Leg., ch. 588, Sec. 8, eff. June 20, 2003.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 415 (H.B. 1972), Sec. 2, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1191 (H.B. 3785), Sec. 3, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 26.007, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 13, eff. June 17, 2011.
Acts 2023, 88th Leg., R.S., Ch. 1106 (S.B. 1500), Sec. 2, eff. June 18, 2023.