Bill Text: TX HB2360 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the creation of the Corn Hill Regional Water Authority; providing authority to issue bonds.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [HB2360 Detail]
Download: Texas-2011-HB2360-Enrolled.html
H.B. No. 2360 |
relating to the creation of the Corn Hill Regional Water Authority; | ||
providing authority to issue bonds. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle F, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 8364 to read as follows: | ||
CHAPTER 8364. CORN HILL REGIONAL WATER AUTHORITY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8364.001. DEFINITIONS. In this chapter: | ||
(1) "Authority" means the Corn Hill Regional Water | ||
Authority. | ||
(2) "Board" means the authority's board of directors. | ||
(3) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(4) "Director" means a board member. | ||
(5) "Member entity" means a municipality or other | ||
political subdivision that is a member under Section 8364.071. | ||
Sec. 8364.002. NATURE OF AUTHORITY. The authority is a | ||
conservation and reclamation district created under Section 59, | ||
Article XVI, Texas Constitution. | ||
Sec. 8364.003. CONFIRMATION ELECTION NOT REQUIRED. The | ||
authority is not required to hold an election to confirm the | ||
creation of the authority. | ||
Sec. 8364.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) | ||
The authority is created to serve a public purpose and benefit. | ||
(b) All land and other property included in the authority | ||
will benefit from the improvements and services to be provided by | ||
the authority under powers conferred by Section 59, Article XVI, | ||
Texas Constitution, and other powers granted under this chapter. | ||
(c) The authority is created to accomplish the control, | ||
storage, conservation, preservation, distribution, and use of | ||
water for domestic, industrial, municipal, and all other useful | ||
purposes as provided by Section 59, Article XVI, Texas | ||
Constitution. | ||
(d) The creation of the authority is in the public interest | ||
and is essential to: | ||
(1) further the public purposes of developing and | ||
diversifying the economy of the state; | ||
(2) eliminate unemployment and underemployment; | ||
(3) develop or expand commerce; and | ||
(4) conserve the natural resources of this state. | ||
(e) The authority will: | ||
(1) promote the health, safety, and general welfare of | ||
residents, employers, potential employees, employees, visitors, | ||
and consumers in the authority, and of the public; and | ||
(2) provide needed funding for the authority to | ||
preserve, maintain, and enhance the economic health and vitality of | ||
the authority territory as a community and business center. | ||
Sec. 8364.005. AUTHORITY TERRITORY. The authority is | ||
composed of the territory in the member entities. | ||
Sec. 8364.006. CHANGE IN MEMBERSHIP OR TERRITORY; | ||
NOTIFICATION TO COMMISSION. The authority shall notify the | ||
commission of any changes in its membership or territory. | ||
[Sections 8364.007-8364.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8364.051. GOVERNING BODY; TERMS. (a) The authority is | ||
governed by a board of appointed directors. | ||
(b) Directors serve staggered three-year terms, with terms | ||
expiring on September 1. | ||
(c) Each member entity shall appoint two directors. | ||
(d) A director serves at the pleasure of the governing body | ||
of the member entity that appointed the director. A member entity | ||
may remove the director and appoint a new director at any time by | ||
resolution or ordinance of the governing body of the member entity. | ||
[Sections 8364.052-8364.070 reserved for expansion] | ||
SUBCHAPTER B-1. AUTHORITY MEMBERSHIP | ||
Sec. 8364.071. INITIAL MEMBER ENTITIES. The initial member | ||
entities are: | ||
(1) Sonterra Municipal Utility District; and | ||
(2) CLL Municipal Utility District No. 1. | ||
Sec. 8364.072. PETITION TO JOIN AUTHORITY. (a) A | ||
municipality or other political subdivision may petition the board | ||
to add that municipality or political subdivision as a member | ||
entity. | ||
(b) Before a new member entity may be added to the | ||
authority, the petition must be approved by a joint resolution or | ||
ordinance of the governing body of each member entity. | ||
Sec. 8364.073. PETITION TO LEAVE AUTHORITY. (a) A member | ||
entity may petition the board to leave the authority. | ||
(b) If the authority determines that allowing the member | ||
entity to leave the authority will not impair any outstanding bonds | ||
or other obligations of the authority on the date the board receives | ||
the petition, the board may approve the petition. | ||
(c) If on the date the board receives the petition the | ||
authority has bonds or other obligations outstanding for which the | ||
member entity seeking to leave is wholly or partly responsible, the | ||
board may approve the petition only if: | ||
(1) the member entity agrees to pay its share of the | ||
bonds or other obligations; and | ||
(2) the authority determines that as a result of that | ||
payment the remaining bonds or other obligations of the authority | ||
will not be impaired. | ||
[Sections 8364.074-8364.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8364.101. SERVICE TO MEMBER ENTITIES. The authority | ||
shall serve its member entities. | ||
Sec. 8364.102. GENERAL POWERS AND DUTIES. The authority | ||
has only the powers and duties necessary to accomplish the purposes | ||
stated under Section 8364.004 for which the authority is created. | ||
Sec. 8364.103. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES; LIMITATIONS. (a) Except as provided by Subsections (b) and | ||
(c), the authority has the powers and duties provided by the general | ||
law of this state, including Chapters 49 and 54, Water Code, | ||
applicable to municipal utility districts created under Section 59, | ||
Article XVI, Texas Constitution. | ||
(b) The authority may not provide wastewater, drainage, | ||
solid waste disposal, or road facilities or services. | ||
(c) The authority does not have any power that the member | ||
entities do not have. | ||
[Sections 8364.104-8364.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8364.151. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS. (a) For any authorized authority purpose, the | ||
authority may issue bonds or other obligations payable wholly or | ||
partly from revenue of the authority's water system, including | ||
revenue from contracts with member entities or customers. | ||
(b) To provide revenue under Subsection (a), a member entity | ||
may make payments under a contract with the authority from any of | ||
the member entity's sources of revenue, including ad valorem taxes, | ||
impact fees, grants, sales and use taxes, and any other source. | ||
Sec. 8364.152. NO TAXING POWER. The authority may not | ||
impose a tax. | ||
SECTION 2. (a) Not later than September 15, 2011, the | ||
Sonterra Municipal Utility District and the CLL Municipal Utility | ||
District No. 1 shall each appoint two directors to the board of | ||
directors of the Corn Hill Regional Water Authority under Section | ||
8364.051, Special District Local Laws Code, as added by this Act. | ||
(b) To establish staggered three-year terms required under | ||
Section 8364.051, Special District Local Laws Code, as added by | ||
this Act, the initial directors appointed under that section shall, | ||
unless otherwise agreed, determine by lot which of the directors | ||
shall serve a one-year, two-year, or three-year term. | ||
SECTION 3. (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 4. (a) Any eminent domain powers granted under | ||
general law to the Corn Hill Regional Water Authority as created by | ||
this Act take effect only if this Act receives a two-thirds vote of | ||
all the members elected to each house. | ||
(b) If this Act does not receive a two-thirds vote of all the | ||
members elected to each house, Subchapter C, Chapter 8364, Special | ||
District Local Laws Code, as added by Section 1 of this Act, is | ||
amended by adding Section 8364.104 to read as follows: | ||
Sec. 8364.104. NO EMINENT DOMAIN POWER. The authority may | ||
not exercise the power of eminent domain. | ||
(c) This section is not intended to be an expression of a | ||
legislative interpretation of the requirements of Section 17(c), | ||
Article I, Texas Constitution. | ||
SECTION 5. Except as provided by Section 4 of this Act: | ||
(1) 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; and | ||
(2) if this Act does not receive the vote necessary for | ||
immediate effect, this Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2360 was passed by the House on April | ||
7, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2360 on May 16, 2011, by the following vote: Yeas 131, Nays 2, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2360 was passed by the Senate, with | ||
amendments, on May 10, 2011, by the following vote: Yeas 31, Nays | ||
0 | ||
. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |