Bill Text: TX HB1832 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the law governing the Lower Neches Valley Authority; providing authority to issue bonds.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-05-21 - Effective immediately [HB1832 Detail]
Download: Texas-2011-HB1832-Comm_Sub.html
Bill Title: Relating to the law governing the Lower Neches Valley Authority; providing authority to issue bonds.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-05-21 - Effective immediately [HB1832 Detail]
Download: Texas-2011-HB1832-Comm_Sub.html
82R9151 PMO-D | ||
By: Ritter | H.B. No. 1832 |
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relating to the law governing the Lower Neches Valley Authority; | ||
providing authority to issue bonds. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 63, Acts of the 43rd Legislature, 1st | ||
Called Session, 1933, is amended by amending Sections 1, 4, 5, 6, 7, | ||
8, 9, 10, 11, 12, 13, 13A, 14, 16, 17, 18, 19, 21, 24, 27, 27-a, 28, | ||
29, 29-a, and 29-d and adding Sections 13A-1 through 13A-6 to read | ||
as follows: | ||
Sec. 1. That there shall be and is hereby created a | ||
conservation and reclamation district by the name of "Lower Neches | ||
Valley Authority," which district is created as a governmental | ||
agency, body politic and corporate, vested with all the authority | ||
as such under the Constitution and Laws of the State; and which | ||
shall have and be recognized to exercise all of the powers of such | ||
governmental agency and body politic and corporate as are expressly | ||
authorized in the provisions of the Constitution, Section 59 of | ||
Article 16, for districts created to conserve, store, control, | ||
preserve, utilize and distribute the storm and flood waters and the | ||
waters of the rivers and streams of the State, and such powers as | ||
may be [ |
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of the Constitution, and as may be conferred by General Law, as well | ||
as by the provisions of this Act, except nothing herein contained | ||
shall authorize said district to levy any taxes or special | ||
assessments, or to create any debt payable out of taxation; and said | ||
district shall have and be recognized to exercise all the rights and | ||
powers of an independent governmental agency, body politic and | ||
corporate, to construct, maintain and operate, in the Neches River | ||
basin and the adjoining Neches-Trinity coastal basin [ |
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boundaries of such district, any and all works deemed essential to | ||
the operation of the district and for its administration in the | ||
control, storing, preservation and distribution to all useful | ||
purposes of the waters of the Neches River basin and the adjoining | ||
Neches-Trinity coastal basin [ |
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including the storm and flood waters thereof; and such district | ||
shall have and be recognized to exercise such authority and power of | ||
control and regulation over such waters [ |
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the provisions of the Constitution and the Acts of the Legislature. | ||
Sec. 4. [ |
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constitute a quorum at any meeting and a concurrence of a majority | ||
of the directors [ |
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pertaining to the business of the district[ |
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Sec. 7. (a) A director is entitled to receive a fee of office | ||
for each day of service approved by a vote of the Board of Directors | ||
and necessary to discharge the director's duties. | ||
(b) The Board of Directors shall set the fee described by | ||
Subsection (a) in an amount not greater than the amount allowed | ||
under general law. [ |
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Sec. 13A-1 [ |
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mentioned powers, and for the conservation and beneficial use | ||
[ |
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adjoining Neches-Trinity coastal basin, including storm water and | ||
floodwater, the district may[ |
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waters [ |
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manner and for the particular purposes described below [ |
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(a) to [ |
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the control and coordination of the regulation of such [ |
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waters; [ |
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(b) to [ |
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administration for the preservation of the equitable rights of the | ||
people of the different sections of the watershed area in the | ||
beneficial use of such [ |
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(c) for [ |
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[ |
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prevention of the escape of any of such waters without the maximum | ||
of public service; for the prevention of devastation of lands from | ||
recurrent overflows, and the protection of life and property in the | ||
[ |
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(d) for [ |
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municipal uses of the people of the district;[ |
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(e) for [ |
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district or outside the [ |
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within the Neches River basin and the adjoining Neches-Trinity | ||
coastal basin [ |
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distribution of such [ |
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requirements for all uses[ |
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district, and as well, all works which may be provided under | ||
authority of the [ |
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necessary and potential needs for water, by or within the area in | ||
the [ |
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adjoining Neches-Trinity coastal basin; [ |
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(f) to provide for [ |
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lands in the Neches River basin and the adjoining Neches-Trinity | ||
coastal basin; [ |
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(g) to encourage [ |
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conservation of soil and to prevent [ |
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erosion; [ |
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(h) to [ |
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available for use [ |
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commercial and industrial enterprises in the Neches River basin and | ||
the adjoining Neches-Trinity coastal basin or [ |
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(i) to [ |
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[ |
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hydroelectric power, if that [ |
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economically coordinated with and subordinate to other [ |
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superior; and[ |
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(j) [ |
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storm waters when controlled and conserved may be utilized in the | ||
performance of a useful service as [ |
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by the provisions of the Constitution and the public policy therein | ||
declared. | ||
(k) Nothing in this section is a limitation on the powers of | ||
the district expressed elsewhere in this Act or under other law. | ||
Sec. 13A-2. The district may [ |
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construct all works necessary or convenient for the exercise of the | ||
powers and to accomplish the purposes specified in this Act, and may | ||
[ |
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property necessary or convenient for carrying out any such | ||
purposes. | ||
Sec. 13A-3. [ |
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conferred upon such district to enable it to acquire the fee simple | ||
title to, and/or easement or right-of-way over and through, any and | ||
all lands, water or lands under water, private or public, within and | ||
without such district, necessary or convenient to carry out any of | ||
the purposes and powers conferred upon such district by this Act. | ||
All such condemnation proceedings shall be under the direction of | ||
the direction of the directors and in the name of the district, and | ||
the assessment of damages and all procedure with reference to | ||
condemnation, appeal and payment shall be in conformity with the | ||
statutes of this State as provided in the title of the Revised | ||
Statutes relating to "Eminent Domain." | ||
Sec. 13A-4. (a) [ |
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district shall prescribe fees and charges to be collected for the | ||
use of water, water connections or other services [ |
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fees and charges shall be reasonable and equitable and fully | ||
sufficient to produce revenues adequate to pay, and the [ |
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Board of Directors shall cause to be paid therefrom: | ||
(1) all [ |
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maintenance of the improvements and facilities of the [ |
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district. Such operating and maintenance expenses shall include the | ||
cost of the acquisition of properties and materials necessary to | ||
maintain the [ |
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and to operate them efficiently, necessary wages and salaries of | ||
the district, and such other expenses as may be reasonably | ||
necessary to the efficient operation of the [ |
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facilities;[ |
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(2) the [ |
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obligations issued hereunder payable out of the revenues of said | ||
improvements and facilities; and[ |
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(3) the [ |
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hereunder payable out of the revenues of said improvements and | ||
facilities. | ||
(b) Out [ |
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which may be received in excess of those required for the purposes | ||
listed in the above Subsections (a)(1) [ |
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and (3), the Board of Directors may pay the cost of improvements and | ||
replacements not covered by Subsection (a)(1) [ |
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fund. | ||
(c) It is the intent of this Act that the fees and charges of | ||
the [ |
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necessary to fulfill the obligations imposed upon the [ |
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district by this Act. | ||
Sec. 13A-5. The [ |
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set out, shall have general power and authority to make and to enter | ||
into all contracts, leases, and agreements necessary or convenient | ||
to carry out any of the powers granted in this Act, which contracts, | ||
leases, and agreements may be entered into with any person, real or | ||
artificial, any corporation, municipal, public or private, or | ||
[ |
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United States Government and the State of Texas, and may convey or | ||
cause to be conveyed any of its properties, rights, lands, | ||
tenements, easements, improvements, reservoirs, dams, canals, | ||
plants, laterals, works and facilities to the United States | ||
Government or any agency thereof, and may enter into a lease with | ||
the United States Government, or any agency thereof, relative | ||
thereto, and obligate itself to pay rental therefor out of the | ||
income and revenues thereof, with or without the privilege of | ||
purchase; provided, however, that nothing herein contained shall | ||
authorize the assumption by the [ |
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requiring payment out of taxes. Any and all such contracts, leases, | ||
and agreements herein authorized shall be approved by resolution of | ||
the Board of Directors of the [ |
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by the president and attested by the secretary thereof. | ||
Sec. 13A-6. The district may acquire land for recreational | ||
facilities and may construct, operate, and maintain recreational | ||
facilities as provided by general law, provided [ |
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from taxation shall be expended in purchasing that land [ |
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Sec. 14. The powers and duties herein devolved upon the | ||
[ |
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conservation improvement purposes devised by the district, shall be | ||
subject to such [ |
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state approvals as are required under [ |
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Sec. 16. The [ |
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corporate purpose from [ |
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evidence thereof may issue the notes, warrants, bonds, certificates | ||
of indebtedness, or other forms of obligations of the [ |
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district, payable solely out of the revenues to be derived from | ||
district [ |
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services thereof. | ||
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SECTION 2. (a) All governmental acts and proceedings taken | ||
by the board of directors of the Lower Neches Valley Authority | ||
before the effective date of this Act in reliance on the local law | ||
of that district as it existed before that date are validated as of | ||
the date they occurred. | ||
(b) This Act does not validate an act or proceeding that on | ||
the effective date of this Act: | ||
(1) is involved in litigation if the litigation | ||
ultimately results in the act or proceeding being held invalid by a | ||
final court judgment; or | ||
(2) has been held invalid by a final court judgment. | ||
SECTION 3. This Act does not: | ||
(1) limit the powers granted to the Lower Neches | ||
Valley Authority by any other law; | ||
(2) impliedly repeal any laws granting powers to the | ||
Lower Neches Valley Authority; or | ||
(3) affect the entitlement of a person serving as a | ||
member or officer of the board of directors of the Lower Neches | ||
Valley Authority immediately before the effective date of this Act | ||
to continue to carry out the board's functions for the remainder of | ||
the person's term of office. | ||
SECTION 4. The change in law made by this Act to Section 12, | ||
Chapter 63, Acts of the 43rd Legislature, 1st Called Session, 1933, | ||
does not apply to an offense committed under that section before the | ||
effective date of this Act. An offense committed before the | ||
effective date of this Act is governed by the law as it existed on | ||
the date the offense was committed, and the former law is continued | ||
in effect for that purpose. For purposes of this section, an | ||
offense was committed before the effective date of this Act if any | ||
element of the offense occurred before that date. | ||
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, 2011. |