Bill Text: TX HB3530 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the nonsubstantive revision of certain local laws concerning water and wastewater special districts, including a conforming amendment.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-06-18 - Effective on . . . . . . . . . . . . . . . April 1, 2023 [HB3530 Detail]
Download: Texas-2021-HB3530-Enrolled.html
H.B. No. 3530 |
|
||
relating to the nonsubstantive revision of certain local laws | ||
concerning water and wastewater special districts, including a | ||
conforming amendment. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS | ||
SECTION 1.01. LEVEE IMPROVEMENT DISTRICT. Subtitle E, | ||
Title 6, Special District Local Laws Code, is amended by adding | ||
Chapter 7817 to read as follows: | ||
CHAPTER 7817. DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1 | ||
OF DENTON AND DALLAS COUNTIES, TEXAS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7817.0101. DEFINITIONS | ||
Sec. 7817.0102. NATURE OF DISTRICT | ||
Sec. 7817.0103. TERRITORY | ||
Sec. 7817.0104. ANNEXATION OF TERRITORY | ||
Sec. 7817.0105. APPLICABILITY OF OTHER LAW | ||
SUBCHAPTER B. POWERS AND DUTIES | ||
Sec. 7817.0201. AUTHORITY TO UNDERTAKE IMPROVEMENT | ||
PROJECTS OR SERVICES | ||
Sec. 7817.0202. COMPACTED FILL AUTHORITY | ||
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7817.0301. ASSESSMENTS; LIENS FOR ASSESSMENTS | ||
Sec. 7817.0302. AUTHORITY TO IMPOSE SPECIAL | ||
ASSESSMENTS FOR CERTAIN IMPROVEMENT | ||
PROJECTS OR SERVICES | ||
Sec. 7817.0303. PETITION REQUIRED FOR FINANCING | ||
IMPROVEMENT PROJECTS OR SERVICES | ||
THROUGH ASSESSMENTS | ||
Sec. 7817.0304. IMPACT FEE AND ASSESSMENT EXEMPTIONS | ||
Sec. 7817.0305. BONDS AND OTHER OBLIGATIONS | ||
CHAPTER 7817. DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1 | ||
OF DENTON AND DALLAS COUNTIES, TEXAS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7817.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "District" means the Denton County Levee | ||
Improvement District No. 1 of Denton and Dallas Counties, Texas. | ||
(Acts 69th Leg., R.S., Ch. 473, Sec. 1.) | ||
Sec. 7817.0102. NATURE OF DISTRICT. The district is: | ||
(1) a levee improvement district created under and | ||
essential to accomplish the purposes of Section 59, Article XVI, | ||
Texas Constitution; and | ||
(2) a political subdivision of this state. (Acts 69th | ||
Leg., R.S., Ch. 473, Sec. 3.) | ||
Sec. 7817.0103. TERRITORY. The district boundaries form a | ||
closure. (Acts 69th Leg., R.S., Ch. 473, Sec. 2 (part).) | ||
Sec. 7817.0104. ANNEXATION OF TERRITORY. (a) The district | ||
may annex any territory the owner of which petitions for annexation | ||
by the method prescribed by Section 49.301, Water Code. | ||
(b) At least 30 days before acting on a petition for | ||
annexation, the district shall notify all municipalities within | ||
whose boundaries the district or the land described in the petition | ||
is located. The notification must: | ||
(1) be in writing; | ||
(2) specify the time and place of the meeting to | ||
consider the petition; | ||
(3) invite the municipality to appear at the meeting; | ||
and | ||
(4) include a copy of the petition. | ||
(c) Notwithstanding any other provision of this chapter, | ||
the district may annex only territory with a boundary contiguous to | ||
a district boundary. (Acts 69th Leg., R.S., Ch. 473, Sec. 5.) | ||
Sec. 7817.0105. APPLICABILITY OF OTHER LAW. Chapters 49 | ||
and 57, Water Code, apply to the district except to the extent this | ||
chapter constitutes a modification of general law. (Acts 69th | ||
Leg., R.S., Ch. 473, Sec. 6.) | ||
SUBCHAPTER B. POWERS AND DUTIES | ||
Sec. 7817.0201. AUTHORITY TO UNDERTAKE IMPROVEMENT | ||
PROJECTS OR SERVICES. (a) The board may undertake an improvement | ||
project or service that confers a special benefit on all or a | ||
definable part of the district. | ||
(b) As needed to restore, preserve, or enhance the scenic | ||
and aesthetic beauty of an area in the district, the district may | ||
include in the improvement project or service the acquisition, | ||
construction, or financing of: | ||
(1) a drainage facility; | ||
(2) a hiking and cycling trail; | ||
(3) a pedestrian walkway along or across a street, at | ||
grade or above or below the surface; | ||
(4) landscaping; and | ||
(5) other development. (Acts 69th Leg., R.S., Ch. | ||
473, Secs. 6A(a), (c).) | ||
Sec. 7817.0202. COMPACTED FILL AUTHORITY. The district may | ||
include compacted fill in the district's reclamation plan and may | ||
spend money and issue bonds to the full extent otherwise authorized | ||
by Chapters 49 and 57, Water Code, for payment of compacted fill. | ||
(Acts 69th Leg., R.S., Ch. 473, Sec. 4.) | ||
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7817.0301. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) | ||
The board by resolution may impose an assessment for any purpose | ||
authorized by this chapter. | ||
(b) An assessment, including an assessment resulting from | ||
an addition to or correction of the assessment roll by the district, | ||
a reassessment, penalties and interest on an assessment or | ||
reassessment, an expense of collection, and reasonable attorney's | ||
fees incurred by the district are: | ||
(1) a first and prior lien against the property | ||
assessed; | ||
(2) superior to any other lien or claim other than a | ||
lien or claim for county, school district, or municipal ad valorem | ||
taxes; and | ||
(3) the personal liability of and a charge against the | ||
property owners even if the owners are not named in the assessment | ||
proceedings. | ||
(c) The lien is effective from the date of the board's | ||
resolution imposing the assessment until the date the assessment is | ||
paid. The board may enforce the lien in the same manner that the | ||
board may enforce an ad valorem tax lien against real property. | ||
(Acts 69th Leg., R.S., Ch. 473, Sec. 6C.) | ||
Sec. 7817.0302. AUTHORITY TO IMPOSE SPECIAL ASSESSMENTS FOR | ||
CERTAIN IMPROVEMENT PROJECTS OR SERVICES. (a) The board may impose | ||
a special assessment on property in the district based on the | ||
benefit conferred by an improvement project or service under | ||
Section 7817.0201 to pay all or part of the cost of the project or | ||
service. | ||
(b) Sections 375.111 through 375.124, Local Government | ||
Code, apply to financing an improvement project or service under | ||
Section 7817.0201. (Acts 69th Leg., R.S., Ch. 473, Secs. 6A(b), | ||
(d).) | ||
Sec. 7817.0303. PETITION REQUIRED FOR FINANCING | ||
IMPROVEMENT PROJECTS OR SERVICES THROUGH ASSESSMENTS. (a) The | ||
board may not finance an improvement project or service through an | ||
assessment imposed under this chapter unless a written petition | ||
requesting that improvement or service has been filed with the | ||
board. | ||
(b) The petition must be signed by: | ||
(1) the owners of a majority of the assessed value of | ||
real property in the district subject to assessment according to | ||
the most recent certified appraisal rolls for Denton and Dallas | ||
Counties; or | ||
(2) the owners of a majority of the surface area of | ||
real property in the district subject to assessment as determined | ||
by the board. (Acts 69th Leg., R.S., Ch. 473, Sec. 6B.) | ||
Sec. 7817.0304. IMPACT FEE AND ASSESSMENT EXEMPTIONS. The | ||
district may not impose an impact fee or assessment on: | ||
(1) single-family residential property; or | ||
(2) the property, including the equipment, | ||
rights-of-way, facilities, or improvements, of: | ||
(A) an electric utility or a power generation | ||
company as defined by Section 31.002, Utilities Code; | ||
(B) a gas utility as defined by Section 101.003 | ||
or 121.001, Utilities Code; | ||
(C) a telecommunications provider as defined by | ||
Section 51.002, Utilities Code; or | ||
(D) a person who provides to the public cable | ||
television or advanced telecommunications services. (Acts 69th | ||
Leg., R.S., Ch. 473, Secs. 6D, 6F.) | ||
Sec. 7817.0305. BONDS AND OTHER OBLIGATIONS. (a) The | ||
district may issue bonds or other obligations payable wholly or | ||
partly from ad valorem taxes, assessments, impact fees, revenue, | ||
grants, or other district money, or any combination of those | ||
sources, to pay for any authorized district purpose. | ||
(b) In exercising the district's power to borrow, the | ||
district may issue a bond or other obligation in the form of a bond, | ||
note, certificate of participation or other instrument evidencing a | ||
proportionate interest in payments to be made by the district, or | ||
other type of obligation. | ||
(c) The district must obtain approval from the City of | ||
Lewisville before issuing bonds under this section. (Acts 69th | ||
Leg., R.S., Ch. 473, Sec. 6E.) | ||
SECTION 1.02. MUNICIPAL UTILITY DISTRICT. Subtitle F, | ||
Title 6, Special District Local Laws Code, is amended by adding | ||
Chapter 7886 to read as follows: | ||
CHAPTER 7886. SEBASTIAN MUNICIPAL UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7886.0101. DEFINITIONS | ||
SUBCHAPTER B. POWERS AND DUTIES | ||
Sec. 7886.0201. QUALIFIED WATER SUPPLY CORPORATION | ||
Sec. 7886.0202. PETITION TO DISSOLVE DISTRICT | ||
Sec. 7886.0203. ELECTION RELATING TO DISSOLUTION OF | ||
DISTRICT | ||
Sec. 7886.0204. ELECTION RESULTS | ||
Sec. 7886.0205. AGREEMENT AND ORDER RELATING TO | ||
DISSOLUTION OF DISTRICT | ||
Sec. 7886.0206. AGREEMENT AND ORDER RELATING TO WATER | ||
AND WASTEWATER SERVICE | ||
Sec. 7886.0207. FILING REQUIREMENT | ||
CHAPTER 7886. SEBASTIAN MUNICIPAL UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7886.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Corporation" means a qualified water supply | ||
corporation as described by Section 7886.0201. | ||
(3) "District" means the Sebastian Municipal Utility | ||
District. | ||
(4) "Utility commission" means the Public Utility | ||
Commission of Texas. (Acts 75th Leg., R.S., Ch. 516, Sec. 1; New.) | ||
SUBCHAPTER B. POWERS AND DUTIES | ||
Sec. 7886.0201. QUALIFIED WATER SUPPLY CORPORATION. A | ||
corporation is qualified to assume the district's debts, | ||
liabilities, and obligations and assume ownership of the district's | ||
assets and facilities if the corporation: | ||
(1) is member-owned, member-controlled, and formed | ||
under Chapter 67, Water Code; and | ||
(2) possesses a valid certificate of public | ||
convenience and necessity obtained under Section 13.246, Water | ||
Code. (Acts 75th Leg., R.S., Ch. 516, Sec. 7.) | ||
Sec. 7886.0202. PETITION TO DISSOLVE DISTRICT. (a) A | ||
petition may be filed with the board requesting an election in the | ||
district to decide if the board must enter into an agreement | ||
described by Section 7886.0205(a). | ||
(b) A petition filed under this section must be printed in | ||
English and Spanish and read as follows: | ||
"We, the undersigned, being registered voters in the | ||
Sebastian Municipal Utility District, request the board of | ||
directors of the Sebastian Municipal Utility District to hold an | ||
election to decide if the board must enter into an agreement with a | ||
qualified water supply corporation in which the district's debts, | ||
liabilities, obligations, assets, and facilities are transferred | ||
to the qualified water supply corporation and the district is | ||
dissolved." (Acts 75th Leg., R.S., Ch. 516, Sec. 4.) | ||
Sec. 7886.0203. ELECTION RELATING TO DISSOLUTION OF | ||
DISTRICT. (a) The board shall call an election as requested by a | ||
petition filed under Section 7886.0202 only if: | ||
(1) an election has not been held previously under | ||
this section; and | ||
(2) the board determines that the petition is signed | ||
by at least 10 percent of the registered voters in the district. | ||
(b) The board shall make the determination under Subsection | ||
(a)(2) not later than the seventh day after the date on which the | ||
board receives the petition. | ||
(c) The board shall hold an election required by Subsection | ||
(a) on the first authorized uniform election date after the date the | ||
board determines an election is required that allows sufficient | ||
time for the board to comply with all applicable provisions of the | ||
Election Code. | ||
(d) The board shall publish notice of the election in a | ||
newspaper of general circulation in the district once each week for | ||
three weeks before the date the election is scheduled to be held. | ||
(e) The ballot for an election ordered in response to a | ||
petition filed under Section 7886.0202 must be printed in English | ||
and Spanish and read as follows: | ||
"By voting YES on this ballot, you are voting in favor of | ||
requiring the Sebastian Municipal Utility District to enter into an | ||
agreement with a qualified water supply corporation in which the | ||
district's debts, liabilities, obligations, assets, and facilities | ||
are transferred to the corporation and the district is dissolved. | ||
By voting NO on this ballot, you are voting against requiring the | ||
Sebastian Municipal Utility District to enter into such an | ||
agreement." (Acts 75th Leg., R.S., Ch. 516, Secs. 5(a), (b), (c), | ||
(d) (part), (e).) | ||
Sec. 7886.0204. ELECTION RESULTS. (a) If a majority of the | ||
voters vote in favor of the ballot proposition stated in Section | ||
7886.0203(e), the board shall enter into an agreement described by | ||
Section 7886.0205(a) if: | ||
(1) a corporation agrees to the terms specified by | ||
Section 7886.0205(a); and | ||
(2) the utility commission determines that the | ||
corporation is capable of rendering adequate and continuous service | ||
as required by Section 13.251, Water Code. | ||
(b) If a majority of the voters vote against the ballot | ||
proposition stated in Section 7886.0203(e), the board may not enter | ||
into an agreement described by Section 7886.0205(a) before the | ||
district conducts the first board election held after the date on | ||
which the voters voted against the ballot proposition. (Acts 75th | ||
Leg., R.S., Ch. 516, Secs. 5(f), (g).) | ||
Sec. 7886.0205. AGREEMENT AND ORDER RELATING TO DISSOLUTION | ||
OF DISTRICT. (a) A corporation may enter into an agreement with the | ||
district to: | ||
(1) accept assignment of the district's certificate of | ||
public convenience and necessity obtained under Section 13.246, | ||
Water Code, and any right obtained under the certificate, after the | ||
utility commission determines that the corporation is capable of | ||
rendering adequate and continuous service as required by Section | ||
13.251, Water Code; | ||
(2) assume the district's debts, liabilities, and | ||
obligations; | ||
(3) assume ownership of the district's assets and | ||
facilities; and | ||
(4) perform the district's functions and provide all | ||
services previously provided by the district. | ||
(b) If a corporation enters into an agreement described by | ||
Subsection (a), the board shall issue an order that dissolves the | ||
district. | ||
(c) The district's dissolution becomes effective on the | ||
30th day after the date the board issues the order dissolving the | ||
district. | ||
(d) On the effective date of the dissolution: | ||
(1) all of the district's property and other assets are | ||
transferred to the corporation; | ||
(2) all of the district's debts, liabilities, and | ||
other obligations are assumed by the corporation; and | ||
(3) the district's certificate of public convenience | ||
and necessity and any right obtained under the certificate is | ||
assigned to the corporation in the manner prescribed by Section | ||
13.251, Water Code. (Acts 75th Leg., R.S., Ch. 516, Sec. 2.) | ||
Sec. 7886.0206. AGREEMENT AND ORDER RELATING TO WATER AND | ||
WASTEWATER SERVICE. (a) A corporation may enter into an agreement | ||
with the district to: | ||
(1) assume the district's debts, liabilities, and | ||
obligations relating to water and wastewater service; | ||
(2) assume ownership of the district's assets and | ||
facilities relating to water and wastewater service; | ||
(3) apply to the utility commission to obtain a | ||
certificate of public convenience and necessity or an amendment to | ||
a certificate under Section 13.244, Water Code, to render water and | ||
wastewater service to the area served by the district; and | ||
(4) perform the district's functions relating to water | ||
and wastewater service and provide all services relating to those | ||
services previously provided by the district. | ||
(b) If a corporation enters into an agreement described by | ||
Subsection (a) and the utility commission grants to the corporation | ||
a certificate of public convenience and necessity as described by | ||
Subsection (a)(3), the board shall issue an order transferring the | ||
district's debts, liabilities, obligations, assets, and facilities | ||
relating to water and wastewater service to the corporation. | ||
(c) On the 30th day after the date the board issues the order | ||
transferring the district's debts, liabilities, obligations, | ||
assets, and facilities: | ||
(1) all of the district's property and other assets | ||
relating to water and wastewater service are transferred to the | ||
corporation; and | ||
(2) all of the district's debts, liabilities, and | ||
other obligations relating to water and wastewater service are | ||
assumed by the corporation. (Acts 75th Leg., R.S., Ch. 516, Sec. 3.) | ||
Sec. 7886.0207. FILING REQUIREMENT. (a) The board shall | ||
file a copy of the agreement described by Section 7886.0205(a) and a | ||
copy of the board's order dissolving the district issued under | ||
Section 7886.0205(b) not later than the 15th day after the date the | ||
board issues the order: | ||
(1) with the Texas Commission on Environmental | ||
Quality; | ||
(2) with the utility commission; and | ||
(3) in the deed records of Willacy and Cameron | ||
Counties. | ||
(b) The board shall file a copy of the agreement described | ||
by Section 7886.0206(a) and a copy of the board's order | ||
transferring the district's obligations and assets issued under | ||
Section 7886.0206(b) not later than the 15th day after the date the | ||
board issues the order: | ||
(1) with the Texas Commission on Environmental | ||
Quality; | ||
(2) with the utility commission; and | ||
(3) in the deed records of Willacy and Cameron | ||
Counties. (Acts 75th Leg., R.S., Ch. 516, Sec. 6.) | ||
SECTION 1.03. RIVER AUTHORITIES. Subtitle G, Title 6, | ||
Special District Local Laws Code, is amended by adding Chapters | ||
8510 and 8511 to read as follows: | ||
CHAPTER 8510. RED RIVER AUTHORITY OF TEXAS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8510.0101. DEFINITIONS | ||
Sec. 8510.0102. NATURE OF AUTHORITY | ||
Sec. 8510.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8510.0104. REVIEW SCHEDULE UNDER SUNSET ACT | ||
Sec. 8510.01045. SUNSET REPORT AUDIT | ||
Sec. 8510.0105. TERRITORY | ||
Sec. 8510.0106. EFFECT OF OVERLAPPING TERRITORY | ||
Sec. 8510.0107. APPLICABILITY OF CHAPTER TO CERTAIN | ||
COUNTIES | ||
Sec. 8510.0108. APPLICABILITY OF CHAPTER TO BOWIE | ||
COUNTY | ||
Sec. 8510.0109. LIBERAL CONSTRUCTION OF CHAPTER | ||
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS | ||
Sec. 8510.0201. MEMBERSHIP OF BOARD | ||
Sec. 8510.0202. TERMS | ||
Sec. 8510.0203. REMOVAL | ||
Sec. 8510.0204. VACANCY | ||
Sec. 8510.0205. OATH AND BOND REQUIREMENT FOR | ||
DIRECTORS | ||
Sec. 8510.0206. COMPENSATION OF DIRECTORS | ||
Sec. 8510.0207. VOTING REQUIREMENT | ||
Sec. 8510.0208. OFFICERS | ||
Sec. 8510.0209. DIRECTOR TRAINING PROGRAM | ||
Sec. 8510.0210. MEETINGS | ||
Sec. 8510.0211. SEPARATION OF POLICYMAKING AND | ||
MANAGEMENT FUNCTIONS | ||
Sec. 8510.0212. ATTORNEYS, AGENTS, AND EMPLOYEES | ||
Sec. 8510.0213. GENERAL MANAGER | ||
Sec. 8510.0214. DIRECTOR'S, OFFICER'S, OR EMPLOYEE'S | ||
SURETY BOND | ||
Sec. 8510.0215. AUTHORITY'S OFFICE | ||
Sec. 8510.0216. RECORDS | ||
Sec. 8510.0217. COMPLAINTS | ||
Sec. 8510.0218. ALTERNATIVE DISPUTE RESOLUTION | ||
PROCEDURES | ||
Sec. 8510.0219. PUBLIC TESTIMONY | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8510.0301. GENERAL POWERS | ||
Sec. 8510.0302. POWERS RELATING TO CONSERVATION AND | ||
BENEFICIAL USE OF WATER | ||
Sec. 8510.0303. POWERS REGARDING CANALS, WATERWAYS, | ||
AND RELATED FACILITIES | ||
Sec. 8510.0304. FEDERALLY CONSTRUCTED OR MAINTAINED | ||
CANALS, WATERWAYS, AND FACILITIES | ||
Sec. 8510.0305. POWER TO CONTROL, DEVELOP, STORE, AND | ||
USE WATER FOR NAVIGATIONAL USE | ||
Sec. 8510.0306. POWERS RELATING TO FLOODING | ||
Sec. 8510.0307. MASTER PLAN FOR DEVELOPMENT OF SOIL | ||
AND WATER RESOURCES | ||
Sec. 8510.0308. POWERS RELATING TO PARKS AND | ||
RECREATIONAL FACILITIES | ||
Sec. 8510.0309. POWERS RELATING TO WASTE FACILITIES; | ||
BONDS | ||
Sec. 8510.0310. ADDITIONAL POWERS OF AUTHORITY AND | ||
OTHER PERSONS; BONDS | ||
Sec. 8510.0311. POWERS RELATING TO CONTRACTS | ||
Sec. 8510.0312. POWERS RELATING TO WATER DISTRIBUTION | ||
PLANTS OR SYSTEMS | ||
Sec. 8510.0313. CONTRACTS FOR SALE AND DELIVERY OF | ||
WATER TO CERTAIN MUNICIPALITIES | ||
Sec. 8510.0314. ACQUISITION OF PROPERTY BY GIFT, | ||
PURCHASE, OR EMINENT DOMAIN | ||
Sec. 8510.0315. COST OF RELOCATING OR ALTERING | ||
PROPERTY | ||
Sec. 8510.0316. ACQUISITION OR OPERATION OF PROPERTY | ||
Sec. 8510.0317. LIMITATION ON PURCHASE OF GROUNDWATER | ||
RIGHTS | ||
Sec. 8510.0318. LIMITATION ON POWERS OF AUTHORITY | ||
REGARDING GROUNDWATER | ||
Sec. 8510.0319. LIMITATION ON POWERS AND DUTIES OF | ||
AUTHORITY; COMMISSION APPROVAL OF | ||
CERTAIN PLANS | ||
Sec. 8510.0320. LIMITATION ON POWER TO MANUFACTURE AND | ||
PRODUCE GASOHOL | ||
Sec. 8510.0321. SEAL | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8510.0401. PROCEDURE FOR PAYMENT | ||
Sec. 8510.0402. RECEIPT OF MONEY | ||
Sec. 8510.0403. FISCAL YEAR | ||
Sec. 8510.0404. FILING OF AUDIT REPORT | ||
Sec. 8510.0405. ASSET MANAGEMENT PLAN | ||
Sec. 8510.0406. RATES AND CHARGES | ||
Sec. 8510.0407. CHANGES TO RATES AND CHARGES | ||
Sec. 8510.0408. NOTICE OF RIGHT TO APPEAL CHANGES TO | ||
RATES | ||
Sec. 8510.0409. DEPOSITORY | ||
Sec. 8510.0410. TAX NOT AUTHORIZED BY CHAPTER | ||
SUBCHAPTER E. BORROWED MONEY OR GRANTS | ||
Sec. 8510.0501. POWER TO ISSUE OBLIGATIONS OR WARRANTS | ||
Sec. 8510.0502. LOANS AND GRANTS | ||
Sec. 8510.0503. POWER TO SEEK AND ACCEPT CONTRIBUTIONS | ||
Sec. 8510.0504. POWER TO ISSUE BONDS | ||
Sec. 8510.0505. FORM OF BONDS | ||
Sec. 8510.0506. MATURITY | ||
Sec. 8510.0507. BONDS PAYABLE FROM REVENUE | ||
Sec. 8510.0508. COMPENSATION RATES | ||
Sec. 8510.0509. ADDITIONAL SECURITY | ||
Sec. 8510.0510. USE OF BOND PROCEEDS | ||
Sec. 8510.0511. APPOINTMENT OF RECEIVER | ||
Sec. 8510.0512. REFUNDING BONDS | ||
CHAPTER 8510. RED RIVER AUTHORITY OF TEXAS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8510.0101. DEFINITIONS. In this chapter: | ||
(1) "Authority" means the Red River Authority of | ||
Texas. | ||
(2) "Board" means the authority's board of directors. | ||
(3) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(4) "Director" means a board member. (Acts 56th Leg., | ||
R.S., Ch. 279, Sec. 1 (part); New.) | ||
Sec. 8510.0102. NATURE OF AUTHORITY. The authority is a | ||
conservation and reclamation district created under Section 59, | ||
Article XVI, Texas Constitution. (Acts 56th Leg., R.S., Ch. 279, | ||
Sec. 1 (part).) | ||
Sec. 8510.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. | ||
(a) The authority is: | ||
(1) essential to accomplish the purposes of Section | ||
59, Article XVI, Texas Constitution; and | ||
(2) created to serve a public use and benefit. | ||
(b) All land and other property inside the authority's | ||
boundaries will benefit from the authority. | ||
(c) All of the authority's territory will benefit by the | ||
exercise of the powers, rights, privileges, and functions conferred | ||
by this chapter. | ||
(d) This chapter addresses a subject in which this state is | ||
interested. (Acts 56th Leg., R.S., Ch. 279, Secs. 2 (part), 30 | ||
(part).) | ||
Sec. 8510.0104. REVIEW SCHEDULE UNDER SUNSET ACT. A review | ||
of the authority under Section 325.025, Government Code, shall be | ||
conducted as if the authority were a state agency scheduled to be | ||
abolished September 1, 2031, and every 12th year after that year. | ||
(Acts 56th Leg., R.S., Ch. 279, Sec. 1A(a) (part).) | ||
Sec. 8510.01045. SUNSET REPORT AUDIT. (a) The state | ||
auditor shall conduct an audit of the authority to evaluate whether | ||
the authority has addressed the operational challenges identified | ||
in the report on the authority by the Sunset Advisory Commission | ||
presented to the 86th Legislature. | ||
(b) The state auditor may not begin the audit required by | ||
Subsection (a) before December 1, 2021, and shall prepare and | ||
submit a report of the findings of the audit to the chairman and | ||
executive director of the Sunset Advisory Commission not later than | ||
December 1, 2022. | ||
(c) The state auditor shall include the auditor's duties | ||
under this section in each audit plan under Section 321.013, | ||
Government Code, that governs the auditor's duties for the period | ||
specified by Subsection (b). | ||
(d) This section expires January 1, 2023. (Acts 56th Leg., | ||
R.S., Ch. 279, Sec. 36.) | ||
Sec. 8510.0105. TERRITORY. (a) The authority is composed | ||
of the territory described by Subsection (b) as that territory may | ||
have been modified under: | ||
(1) Subchapter J, Chapter 49, Water Code; | ||
(2) Subchapter O, Chapter 51, Water Code; | ||
(3) Subchapter H, Chapter 62, Water Code; or | ||
(4) other law. | ||
(b) The authority is composed of: | ||
(1) the whole of each county in this state located | ||
wholly or partly in the watershed of the Red River and its | ||
tributaries in this state whose confluences with the Red River are | ||
upstream from the northeast corner of Bowie County, as shown by | ||
contour maps on file with the Texas Water Development Board; and | ||
(2) the whole of Hartley, Hutchinson, Lamar, Lipscomb, | ||
and Red River Counties. | ||
(c) A defect or irregularity in the boundary or an overlap | ||
or conflict of the boundary with another authority or district does | ||
not affect the authority's validity. (Acts 56th Leg., R.S., Ch. | ||
279, Sec. 2 (part); New.) | ||
Sec. 8510.0106. EFFECT OF OVERLAPPING TERRITORY. (a) An | ||
overlap of the authority's territory with another district's or | ||
authority's territory or watershed does not affect the powers, | ||
affairs, duties, or functions of another district or authority, | ||
including the Canadian River Municipal Water Authority. | ||
(b) A district or authority of a local nature, peculiar to a | ||
defined area, may be created wholly or partly inside the authority. | ||
(c) The authority shall cooperate in every practical manner | ||
with the sponsor of an existing or proposed district or authority | ||
described by this section in the prosecution of its proposed | ||
improvements. (Acts 56th Leg., R.S., Ch. 279, Sec. 3.) | ||
Sec. 8510.0107. APPLICABILITY OF CHAPTER TO CERTAIN | ||
COUNTIES. Except as provided by Section 8510.0108, this chapter | ||
does not apply to Bowie, Cass, Delta, Franklin, Hopkins, Marion, | ||
Morris, or Titus County. (Acts 56th Leg., R.S., Ch. 279, Sec. 2 | ||
(part).) | ||
Sec. 8510.0108. APPLICABILITY OF CHAPTER TO BOWIE COUNTY. | ||
(a) In this section, "project" means the United States Army Corps | ||
of Engineers' Red River Bank Stabilization and Navigation Project, | ||
from Index, Arkansas, to Denison Dam. | ||
(b) Bowie County is included in the authority for the | ||
limited purpose of participating in the project. This chapter | ||
applies to Bowie County to the extent necessary to accomplish the | ||
project. | ||
(c) Bowie County is liable only for debt incurred by the | ||
authority directly in connection with the project. The board may | ||
exercise the powers and duties, including the power of eminent | ||
domain, under this chapter with relation to Bowie County only to the | ||
extent necessary to accomplish the project. (Acts 56th Leg., R.S., | ||
Ch. 279, Secs. 2 (part), 14d; New.) | ||
Sec. 8510.0109. LIBERAL CONSTRUCTION OF CHAPTER. This | ||
chapter shall be liberally construed to effectuate its purposes. | ||
(Acts 56th Leg., R.S., Ch. 279, Sec. 30 (part).) | ||
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS | ||
Sec. 8510.0201. MEMBERSHIP OF BOARD. (a) The board | ||
consists of nine directors appointed by the governor with the | ||
advice and consent of the senate. | ||
(b) Each director must be: | ||
(1) a freehold property taxpayer and a qualified voter | ||
of this state; and | ||
(2) a resident of the director district that the | ||
director is appointed to represent. | ||
(c) The governor shall appoint three directors to represent | ||
each of the following districts: | ||
(1) director district no. 1 includes Armstrong, | ||
Carson, Castro, Collingsworth, Deaf Smith, Donley, Gray, Hemphill, | ||
Oldham, Parmer, Potter, Randall, Roberts, and Wheeler Counties; | ||
(2) director district no. 2 includes Archer, Baylor, | ||
Briscoe, Childress, Clay, Cottle, Crosby, Dickens, Floyd, Foard, | ||
Hale, Hall, Hardeman, King, Knox, Motley, Swisher, Wichita, and | ||
Wilbarger Counties; and | ||
(3) director district no. 3 includes Bowie, Cooke, | ||
Fannin, Grayson, Lamar, Montague, and Red River Counties. (Acts | ||
56th Leg., R.S., Ch. 279, Secs. 4(a) (part), (b), (c), (d), (e).) | ||
Sec. 8510.0202. TERMS. Directors serve staggered six-year | ||
terms. (Acts 56th Leg., R.S., Ch. 279, Sec. 4(f) (part).) | ||
Sec. 8510.0203. REMOVAL. (a) It is a ground for removal | ||
from the board that a director: | ||
(1) does not have at the time of taking office the | ||
qualifications required by Sections 8510.0201 and 8510.0205; | ||
(2) does not maintain during service on the board the | ||
qualifications required by Sections 8510.0201 and 8510.0205; | ||
(3) is ineligible for directorship under Chapter 171, | ||
Local Government Code; | ||
(4) cannot, because of illness or disability, | ||
discharge the director's duties for a substantial part of the | ||
director's term; or | ||
(5) is absent from more than half of the regularly | ||
scheduled board meetings that the director is eligible to attend | ||
during a calendar year without an excuse approved by a majority vote | ||
of the board. | ||
(b) The validity of a board action is not affected by the | ||
fact that it is taken when a ground for removal of a director | ||
exists. | ||
(c) If the general manager has knowledge that a potential | ||
ground for removal exists, the general manager shall notify the | ||
board president of the potential ground. The president shall then | ||
notify the governor and the attorney general that a potential | ||
ground for removal exists. If the potential ground for removal | ||
involves the president, the general manager shall notify the next | ||
highest ranking director, who shall then notify the governor and | ||
the attorney general that a potential ground for removal exists. | ||
(Acts 56th Leg., R.S., Ch. 279, Sec. 4a.) | ||
Sec. 8510.0204. VACANCY. The governor fills a board | ||
vacancy for the unexpired part of the term in the manner provided by | ||
Section 8510.0201. (Acts 56th Leg., R.S., Ch. 279, Sec. 4(f) | ||
(part).) | ||
Sec. 8510.0205. OATH AND BOND REQUIREMENT FOR DIRECTORS. | ||
(a) Not later than the 15th day after the date of appointment, a | ||
director shall qualify by: | ||
(1) taking the constitutional oath of office; and | ||
(2) filing a good and sufficient bond with the | ||
secretary of state and obtaining the secretary of state's approval | ||
on the bond. | ||
(b) The bond must be: | ||
(1) in the amount of $5,000; | ||
(2) payable to the authority; and | ||
(3) conditioned on the faithful performance of duties | ||
as a director. (Acts 56th Leg., R.S., Ch. 279, Sec. 4(g).) | ||
Sec. 8510.0206. COMPENSATION OF DIRECTORS. (a) Unless the | ||
board by resolution increases the fee to an amount authorized by | ||
Section 49.060, Water Code, a director shall receive as a fee of | ||
office an amount not to exceed $25 for each day of service necessary | ||
to discharge the director's duties if the board authorizes the | ||
same. | ||
(b) Not later than the last day of each month or as soon as | ||
practicable after that date, a director shall file with the | ||
secretary a verified statement showing the amount due under | ||
Subsection (a). | ||
(c) The authority shall issue a warrant for the amount shown | ||
in the verified statement filed under Subsection (b). | ||
(d) In all areas of conflict with this section, Section | ||
49.060, Water Code, takes precedence. (Acts 56th Leg., R.S., Ch. | ||
279, Secs. 10(a) (part), (b).) | ||
Sec. 8510.0207. VOTING REQUIREMENT. (a) Except as | ||
provided by Subsection (b), a concurrence of a majority of the | ||
directors present is sufficient in any matter relating to authority | ||
business. | ||
(b) The concurrence of seven directors is required to award | ||
a construction contract or to authorize the issuance of a warrant to | ||
pay for a construction contract. (Acts 56th Leg., R.S., Ch. 279, | ||
Sec. 5 (part).) | ||
Sec. 8510.0208. OFFICERS. (a) The governor shall | ||
designate a director as the board president to serve as the | ||
authority's chief executive officer at the pleasure of the | ||
governor. | ||
(b) The board shall elect one director as vice president, | ||
one director as secretary, and one director as treasurer. | ||
(c) The vice president shall act as president if the | ||
president is absent or disabled. | ||
(d) The secretary shall act as board secretary. The board | ||
shall select a secretary pro tem if the secretary is absent or | ||
unable to act. | ||
(e) The authority may appoint officers, prescribe their | ||
duties, and set their compensation. (Acts 56th Leg., R.S., Ch. 279, | ||
Secs. 5 (part), 7 (part), 22 (part).) | ||
Sec. 8510.0209. DIRECTOR TRAINING PROGRAM. (a) A person | ||
who is appointed to and qualifies for office as a director may not | ||
vote, deliberate, or be counted as a director in attendance at a | ||
board meeting until the person completes a training program that | ||
complies with this section. | ||
(b) The training program must provide the person with | ||
information regarding: | ||
(1) the law governing the authority's operations; | ||
(2) the authority's programs, functions, rules, and | ||
budget; | ||
(3) the results of the authority's most recent formal | ||
audit; | ||
(4) the requirements of: | ||
(A) laws relating to open meetings, public | ||
information, administrative procedure, and disclosure of conflicts | ||
of interest; and | ||
(B) other laws applicable to members of the | ||
governing body of a river authority in performing their duties; and | ||
(5) any applicable ethics policies adopted by the | ||
authority or the Texas Ethics Commission. | ||
(c) A person appointed to the board is entitled to | ||
reimbursement for the travel expenses incurred in attending the | ||
training program regardless of whether the attendance at the | ||
program occurs before or after the person qualifies for office. | ||
(d) The general manager shall create a training manual that | ||
includes the information required by Subsection (b). The general | ||
manager shall distribute a copy of the training manual annually to | ||
each director. Each director shall sign and submit to the general | ||
manager a statement acknowledging that the director has received | ||
and reviewed the training manual. (Acts 56th Leg., R.S., Ch. 279, | ||
Sec. 4b.) | ||
Sec. 8510.0210. MEETINGS. (a) The president shall preside | ||
at all board meetings. | ||
(b) At each regular board meeting, the board shall: | ||
(1) include public testimony as a meeting agenda item; | ||
and | ||
(2) allow the public to comment on all meeting agenda | ||
items and other matters under the authority's jurisdiction. | ||
(c) At a regular board meeting, the board may not deliberate | ||
on or decide a matter not included in the meeting agenda, except | ||
that the board may discuss including the matter on the agenda for a | ||
subsequent meeting. | ||
(d) The board or a board committee may hold a meeting by | ||
telephone conference call, by video conference call, or through | ||
communications over the Internet, in accordance with procedures | ||
provided by Subchapter F, Chapter 551, Government Code, if the | ||
board president or any three board members determine that holding | ||
the meeting in that manner is necessary or convenient. (Acts 56th | ||
Leg., R.S., Ch. 279, Secs. 7 (part), 7a, 34(b).) | ||
Sec. 8510.0211. SEPARATION OF POLICYMAKING AND MANAGEMENT | ||
FUNCTIONS. The board shall develop and implement policies that | ||
clearly separate the board's policymaking responsibilities and the | ||
general manager's and staff's management responsibilities. (Acts | ||
56th Leg., R.S., Ch. 279, Sec. 11a.) | ||
Sec. 8510.0212. ATTORNEYS, AGENTS, AND EMPLOYEES. (a) The | ||
authority may appoint attorneys, agents, and employees, prescribe | ||
their duties, and set their compensation. | ||
(b) The board may remove an authority employee. | ||
(c) The board shall set the term of office and the | ||
compensation to be paid to authority employees. (Acts 56th Leg., | ||
R.S., Ch. 279, Secs. 11 (part), 22 (part).) | ||
Sec. 8510.0213. GENERAL MANAGER. (a) The board may employ | ||
a general manager. | ||
(b) The board shall set the term of office and the | ||
compensation to be paid to the general manager. | ||
(c) The board may not employ a director as general manager. | ||
(Acts 56th Leg., R.S., Ch. 279, Sec. 11 (part).) | ||
Sec. 8510.0214. DIRECTOR'S, OFFICER'S, OR EMPLOYEE'S SURETY | ||
BOND. (a) A bond required of an authority director, officer, or | ||
employee must be executed by a surety company authorized to do | ||
business in this state, as surety on the bond. | ||
(b) The authority shall pay the premium on the bond. (Acts | ||
56th Leg., R.S., Ch. 279, Sec. 12.) | ||
Sec. 8510.0215. AUTHORITY'S OFFICE. A regular office shall | ||
be established and maintained to conduct the authority's business | ||
inside the authority's territory at a place determined by the | ||
board. (Acts 56th Leg., R.S., Ch. 279, Sec. 8 (part).) | ||
Sec. 8510.0216. RECORDS. The secretary shall maintain a | ||
record of all board proceedings and orders. (Acts 56th Leg., R.S., | ||
Ch. 279, Sec. 7 (part).) | ||
Sec. 8510.0217. COMPLAINTS. (a) The authority shall | ||
maintain a system to promptly and efficiently act on complaints | ||
filed with the authority. | ||
(b) The authority shall maintain: | ||
(1) information about the subject matter of the | ||
complaint; | ||
(2) information about the parties to the complaint; | ||
(3) a summary of the results of the review or | ||
investigation of the complaint; and | ||
(4) the disposition of the complaint. | ||
(c) Periodically, the authority shall notify the parties to | ||
the complaint of the complaint's status until final disposition. | ||
(d) The authority shall make information available | ||
describing its procedures for complaint investigation and | ||
resolution. (Acts 56th Leg., R.S., Ch. 279, Sec. 35.) | ||
Sec. 8510.0218. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. | ||
(a) The board shall develop a policy to encourage the use of | ||
appropriate alternative dispute resolution procedures under | ||
Chapter 2009, Government Code, to assist in the resolution of | ||
internal and external disputes under the authority's jurisdiction. | ||
(b) The authority's procedures relating to alternative | ||
dispute resolution must conform, to the extent possible, to any | ||
model guidelines issued by the State Office of Administrative | ||
Hearings for the use of alternative dispute resolution by state | ||
agencies. | ||
(c) The authority shall: | ||
(1) coordinate the implementation of the policy | ||
adopted under Subsection (a); | ||
(2) provide training as needed to implement the | ||
procedures for alternative dispute resolution; and | ||
(3) collect data concerning the effectiveness of those | ||
procedures. (Acts 56th Leg., R.S., Ch. 279, Sec. 33, as added by | ||
Acts 86th Leg., R.S., Ch. 23.) | ||
Sec. 8510.0219. PUBLIC TESTIMONY. The board shall develop | ||
and implement policies that provide the public with a reasonable | ||
opportunity to appear before the board and to speak on any issue | ||
under the authority's jurisdiction. (Acts 56th Leg., R.S., Ch. | ||
279, Sec. 34(a).) | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8510.0301. GENERAL POWERS. (a) The authority has: | ||
(1) the functions, powers, rights, and duties as may | ||
permit the authority to accomplish the purposes for which it is | ||
created; | ||
(2) the powers of this state under Section 59, Article | ||
XVI, Texas Constitution; and | ||
(3) all powers, rights, privileges, and functions | ||
conferred on navigation districts by general law. | ||
(b) Except as otherwise provided by this chapter, the | ||
authority has the rights, power, and privileges conferred by the | ||
general law applicable to a water control and improvement district | ||
created under Section 59, Article XVI, Texas Constitution, | ||
including Chapter 51, Water Code. | ||
(c) The authority is governed by Chapters 49, 60, and 62, | ||
Water Code, but in all areas of conflict, Chapter 62 takes | ||
precedence. (Acts 56th Leg., R.S., Ch. 279, Secs. 14a (part), 19 | ||
(part), 31; New.) | ||
Sec. 8510.0302. POWERS RELATING TO CONSERVATION AND | ||
BENEFICIAL USE OF WATER. (a) The authority has the powers of this | ||
state under Section 59, Article XVI, Texas Constitution, to | ||
effectuate flood control and the conservation and use of the storm, | ||
flood, and unappropriated waters of the watershed of the Red River | ||
and its tributaries in this state for all beneficial purposes, | ||
subject only to: | ||
(1) the legislature's policy declarations as to water | ||
use; | ||
(2) the commission's continuing supervision and | ||
control; | ||
(3) the provisions of Section 11.024, Water Code, | ||
prescribing the priorities of water uses; and | ||
(4) the water rights acquired by municipalities and | ||
other users. | ||
(b) The authority shall exercise its powers for the greatest | ||
practicable measure of the conservation and beneficial use of the | ||
storm, flood, and unappropriated waters of the watershed of the Red | ||
River and its tributaries in this state in the manner and for the | ||
particular purposes specified by this chapter, including the | ||
exercise of its powers to provide for: | ||
(1) the study, correction, and control of both | ||
artificial and natural pollution of the Red River and its | ||
tributaries; | ||
(2) the control, conservation, and orderly | ||
development of the watershed and water of the Red River and its | ||
tributaries in this state through all practical and legal means; | ||
(3) the preservation of the equitable rights and | ||
beneficial use of the waters for the people of the different | ||
sections of the authority; | ||
(4) the storage, control, and conservation of the | ||
waters of the Red River and its tributaries in this state and the | ||
prevention of the escape of any of those waters without the maximum | ||
of public service; | ||
(5) the prevention of the devastation of lands from | ||
recurrent overflows; | ||
(6) the protection of life and property in the | ||
watershed of the Red River and its tributaries from uncontrolled | ||
flood waters; | ||
(7) the conservation of storm, flood, and | ||
unappropriated waters of the watershed of the Red River and its | ||
tributaries in this state essential for the beneficial uses of the | ||
people of that watershed; | ||
(8) the better encouragement and development of | ||
drainage systems and drainage of lands that need drainage for | ||
profitable agricultural production; | ||
(9) the conservation of soil to prevent destructive | ||
erosion and the increased threat of flooding incident to that | ||
erosion; | ||
(10) the control of those waters and making them | ||
available for use in the development of commercial, industrial, and | ||
agricultural enterprises in all sections of the authority; and | ||
(11) any purpose for which waters when controlled and | ||
conserved may be used in the performance of a useful service as | ||
authorized by the constitution of this state. | ||
(c) For purposes of Subsection (b)(1), the authority may: | ||
(1) adopt rules with regard to the pollution described | ||
by that subdivision; | ||
(2) engage in policing to enforce those rules; and | ||
(3) provide for penalties for violating those rules | ||
consisting of: | ||
(A) fines not to exceed $1,000; | ||
(B) confinement in the county jail for a period | ||
not to exceed 30 days; or | ||
(C) both the fine and confinement. | ||
(d) The general law pertaining to a water control and | ||
improvement district, including Chapters 49 and 51, Water Code, | ||
applies to Subsection (b)(1). | ||
(e) The authority may store and conserve to the greatest | ||
beneficial use the storm, flood, and unappropriated waters of the | ||
Red River in this state or any tributary of that river in the | ||
authority to prevent the escape of water without maximum beneficial | ||
use inside or outside the authority's boundaries. (Acts 56th Leg., | ||
R.S., Ch. 279, Secs. 14 (part), 14a (part); New.) | ||
Sec. 8510.0303. POWERS REGARDING CANALS, WATERWAYS, AND | ||
RELATED FACILITIES. (a) The authority may: | ||
(1) promote, construct, maintain and operate, or aid | ||
and encourage, the construction, maintenance, and operation of | ||
navigable canals or waterways and all navigational systems or | ||
facilities auxiliary to navigable canals or waterways using the | ||
natural bed and banks of the Red River, where practicable, and then | ||
traversing a route the authority may find to be more feasible and | ||
practicable to connect the Red River in this state with any new | ||
navigation canals to be constructed in the lower reaches of the Red | ||
River or to connect the Red River with the Gulf Intracoastal | ||
Waterway; | ||
(2) construct a system of artificial waterways and | ||
canals, together with all locks and other works, structures, and | ||
artificial facilities as may be necessary and convenient for the | ||
construction, maintenance, and operation of: | ||
(A) navigation canals or waterways; and | ||
(B) all navigational systems and facilities | ||
auxiliary to navigation canals or waterways; and | ||
(3) acquire, improve, extend, take over, construct, | ||
maintain, repair, operate, develop, and regulate ports, levees, | ||
wharves, docks, locks, warehouses, grain elevators, dumping | ||
facilities, belt railways, lands, and all other facilities or aids | ||
to navigation or aids necessary to the operation or development of | ||
ports or waterways in the Red River basin in this state. | ||
(b) A power described by Subsection (a)(3) applies with | ||
respect to a facility or aid described by that subdivision only if | ||
the facility or aid is in a county located inside the authority. | ||
(Acts 56th Leg., R.S., Ch. 279, Sec. 14a (part).) | ||
Sec. 8510.0304. FEDERALLY CONSTRUCTED OR MAINTAINED | ||
CANALS, WATERWAYS, AND FACILITIES. If the construction or | ||
maintenance and operation of navigable canals or waterways and all | ||
navigational systems or facilities auxiliary to navigable canals or | ||
waterways on the Red River in this state is taken over or performed | ||
by the federal government or an agency of the federal government, | ||
then the authority may: | ||
(1) enter into contracts that may be required by the | ||
federal government, including assignments and transfers of | ||
property, property rights, easements, and privileges; and | ||
(2) take any other action required by the federal | ||
government or an agency of the federal government. (Acts 56th Leg., | ||
R.S., Ch. 279, Sec. 14a (part).) | ||
Sec. 8510.0305. POWER TO CONTROL, DEVELOP, STORE, AND USE | ||
WATER FOR NAVIGATIONAL USE. (a) The authority may control, | ||
develop, store, and use the natural flow and floodwaters of the Red | ||
River and its tributaries for the purpose of operating and | ||
maintaining: | ||
(1) navigable canals or waterways; and | ||
(2) navigational systems or facilities auxiliary to | ||
navigable canals or waterways. | ||
(b) The navigational use of water authorized by Subsection | ||
(a) is subordinate and incidental to consumptive use of water. | ||
(Acts 56th Leg., R.S., Ch. 279, Sec. 14a (part).) | ||
Sec. 8510.0306. POWERS RELATING TO FLOODING. The authority | ||
may effectuate channel rectification or alignment and the | ||
construction, maintenance, and operation of bank stabilization | ||
facilities to: | ||
(1) prevent and aid in preventing devastation of lands | ||
from recurrent overflows; and | ||
(2) protect life and property in the watershed of the | ||
Red River in this state or any tributaries of that river in the | ||
authority from uncontrolled floodwaters. (Acts 56th Leg., R.S., | ||
Ch. 279, Sec. 14a (part).) | ||
Sec. 8510.0307. MASTER PLAN FOR DEVELOPMENT OF SOIL AND | ||
WATER RESOURCES. (a) The authority shall prepare a master plan for | ||
the maximum development of the soil and water resources of the Red | ||
River watershed inside the authority. | ||
(b) The master plan must include plans for the complete use | ||
of the water resources of the watershed for all economically | ||
beneficial purposes. | ||
(c) A soil and water conservation district in the Red River | ||
watershed shall prepare the portion of the master plan and | ||
amendments to the plan relating to soil conservation, upstream | ||
flood prevention, and watershed protection works in aid of soil | ||
conservation and upstream flood prevention, subject to the approval | ||
of the State Soil and Water Conservation Board. | ||
(d) The master plan must be filed with and approved by the | ||
commission. (Acts 56th Leg., R.S., Ch. 279, Sec. 14(k).) | ||
Sec. 8510.0308. POWERS RELATING TO PARKS AND RECREATIONAL | ||
FACILITIES. (a) The authority may acquire: | ||
(1) additional land adjacent to a permanent | ||
improvement constructed inside the authority for the purpose of | ||
developing public parks and recreational facilities; and | ||
(2) necessary right-of-way for public ingress and | ||
egress to an area described by Subdivision (1). | ||
(b) The authority may provide recreational facilities and | ||
services and may enter into a contract or agreement with any person | ||
for the construction, operation, or maintenance of a park or | ||
recreational facility. | ||
(c) The authority may perform a function necessary to | ||
qualify for a state or federal recreational grant or loan. | ||
(d) The legislature intends that the authority coordinate | ||
the development of any public parks or recreational facilities with | ||
the Parks and Wildlife Department for conformity with the land and | ||
water resources conservation and recreation plan. (Acts 56th Leg., | ||
R.S., Ch. 279, Sec. 14a (part).) | ||
Sec. 8510.0309. POWERS RELATING TO WASTE FACILITIES; BONDS. | ||
(a) As a necessary aid to the conservation, control, preservation, | ||
and distribution of the water of the Red River and its tributaries | ||
for beneficial use, the authority may: | ||
(1) purchase, construct, improve, repair, operate, | ||
and maintain works and facilities necessary for the collection, | ||
transportation, treatment, and disposal of sewage and industrial | ||
waste and effluent; and | ||
(2) issue bonds for a purpose described by Subdivision | ||
(1). | ||
(b) The authority may contract with: | ||
(1) a municipality or other entity to collect, | ||
transport, treat, and dispose of sewage from the municipality or | ||
entity; and | ||
(2) a municipality for the use of collection, | ||
transportation, treatment, or disposal facilities owned by the | ||
municipality or by the authority. | ||
(c) A bond issued under this section must be: | ||
(1) payable from revenue under a contract described by | ||
this section or from other authority income; and | ||
(2) in the form and issued in the manner prescribed by | ||
law for other revenue bonds and as provided by Sections 8510.0504, | ||
8510.0505, 8510.0506, 8510.0507, 8510.0508, 8510.0509, 8510.0510, | ||
8510.0511, and 8510.0512. (Acts 56th Leg., R.S., Ch. 279, Sec. 14a | ||
(part).) | ||
Sec. 8510.0310. ADDITIONAL POWERS OF AUTHORITY AND OTHER | ||
PERSONS; BONDS. (a) In this section, "public agency" means an | ||
authority, district, municipality, other political subdivision, | ||
joint board, or other public agency created and operating under the | ||
laws of this state. | ||
(b) The authority and a person may: | ||
(1) contract, on terms to which the parties may agree, | ||
with respect to an authority power, function, or duty; and | ||
(2) execute appropriate documents and instruments in | ||
connection with a contract described by Subdivision (1). | ||
(c) The authority may issue bonds in the manner provided by | ||
Sections 8510.0504, 8510.0505, 8510.0506, 8510.0507, 8510.0508, | ||
8510.0510, and 8510.0511 with respect to its powers, including the | ||
powers granted by this section, for the purpose of providing money: | ||
(1) to enable the authority to pay for the costs of | ||
engineering design and studies, surveys, title research, | ||
appraisals, options on property, and other related matters and | ||
activities in connection with planning and implementing various | ||
proposed projects or improvements; and | ||
(2) to operate and maintain a facility. | ||
(d) Notwithstanding any other provision of this chapter, | ||
the authority may undertake and carry out any activities, enter | ||
into loan agreements, leases, or installment sales agreements, and | ||
acquire, construct, own, operate, maintain, repair, improve, or | ||
extend and loan, lease, sell, or otherwise dispose of, on terms | ||
including rentals, sale price, or installment sale payments as the | ||
parties may agree, at any place or location inside the authority's | ||
boundaries, any and all money or bond proceeds, works, | ||
improvements, facilities, plants, buildings, structures, | ||
equipment, and appliances, and all property or any property | ||
interest, that is incident, helpful, or necessary. | ||
(e) The authority may exercise the powers provided by | ||
Subsection (d) to: | ||
(1) provide for the control, storage, preservation, | ||
transmission, treatment, distribution, and use of water, including | ||
storm water, floodwater, and the water of rivers and streams, for | ||
irrigation, electric energy, flood control, municipal, domestic, | ||
industrial, agricultural, and commercial uses and purposes and for | ||
all other beneficial purposes; | ||
(2) supply water for municipal, domestic, electric | ||
energy, industrial, irrigation, oil flooding, mining, | ||
agricultural, and commercial uses and purposes and for all other | ||
beneficial uses and purposes; | ||
(3) generate, produce, distribute, and sell electric | ||
energy; and | ||
(4) facilitate the carrying out of an authority power, | ||
duty, or function. | ||
(f) The purposes stated by Subsection (e) are for the | ||
conservation and development of the natural resources of this state | ||
within the meaning of Section 59, Article XVI, Texas Constitution. | ||
(g) A public agency may: | ||
(1) impose a fee, rate, charge, rental, or other | ||
amount, including a water charge, a sewage charge, a solid waste | ||
disposal system fee and a charge including garbage collection or | ||
handling fee, or another charge or fee, for a service or facility | ||
provided by a utility operated by the public agency, or provided | ||
pursuant to or in connection with a contract with the authority; | ||
(2) impose an amount described by Subdivision (1) on | ||
inhabitants, users, or beneficiaries of the utility, service, or | ||
facility described by that subdivision; and | ||
(3) use or pledge an amount described by Subdivision | ||
(1) to make a payment to the authority required under the contract | ||
and may pledge that amount in an amount sufficient to make all or | ||
any part of the payment to the authority when due. | ||
(h) If a public agency and the authority agree in a | ||
contract, the payment made by the public agency to the authority | ||
under the contract is an expense of operation of a facility or | ||
utility operated by the public agency. | ||
(i) This section does not compel a person or public agency | ||
to secure water, sewer service, or another service from the | ||
authority, except under a voluntarily executed contract. (Acts | ||
56th Leg., R.S., Ch. 279, Secs. 14b(a)(part), (b), (d), (e), (f), | ||
(g), (h)(part), (j).) | ||
Sec. 8510.0311. POWERS RELATING TO CONTRACTS. (a) The | ||
authority may execute any contract and enter into any agreement | ||
necessary to accomplish the purpose for which it was created, | ||
including a contract with a municipality, corporation, or district, | ||
the United States, this state or an agency of this state, or the | ||
state of Oklahoma, Arkansas, or Louisiana, the confines of which | ||
are contiguous or adjacent to the Red River. | ||
(b) The authority may enter into a contract or execute an | ||
instrument necessary or convenient to the exercise of the | ||
authority's powers, rights, privileges, and functions granted by | ||
this chapter and general law pertaining to a water control and | ||
improvement district. (Acts 56th Leg., R.S., Ch. 279, Secs. 16, 22 | ||
(part).) | ||
Sec. 8510.0312. POWERS RELATING TO WATER DISTRIBUTION | ||
PLANTS OR SYSTEMS. (a) The authority may contract with a | ||
municipality located inside its boundaries for the purchase, lease, | ||
use, management, control, or operation of a water distribution | ||
plant or system owned by the municipality in accordance with the | ||
terms mutually agreed on by the governing bodies of the authority | ||
and the municipality. | ||
(b) The authority may acquire by a contract described by | ||
Subsection (a) rights in surface water or groundwater belonging to | ||
the municipality. | ||
(c) The authority may use water rights acquired from a | ||
municipality under Subsection (b) only for: | ||
(1) a purpose for which the municipality would be | ||
authorized to use them; and | ||
(2) the purposes of the municipality's water | ||
distribution plant or system. (Acts 56th Leg., R.S., Ch. 279, Sec. | ||
16a.) | ||
Sec. 8510.0313. CONTRACTS FOR SALE AND DELIVERY OF WATER TO | ||
CERTAIN MUNICIPALITIES. The authority may enter into a contract | ||
necessary to provide for the sale and delivery of water to the City | ||
of Eldorado, Oklahoma. (Acts 56th Leg., R.S., Ch. 279, Sec. 16A.) | ||
Sec. 8510.0314. ACQUISITION OF PROPERTY BY GIFT, PURCHASE, | ||
OR EMINENT DOMAIN. (a) In this section, "property" means property | ||
of any kind, including a lighter, tug, barge, or other floating | ||
equipment of any nature. | ||
(b) The authority may acquire by gift or purchase property | ||
or a property interest located inside or outside the authority's | ||
boundaries necessary to the exercise of the powers, rights, | ||
privileges, and functions conferred on the authority by this | ||
chapter and by the exercise of the power of eminent domain in the | ||
manner provided by Subsection (c), provided that the authority is | ||
not required to give bond for appeal or bond for costs in a judicial | ||
proceeding. | ||
(c) The authority may exercise the power of eminent domain | ||
in the manner provided by the general law applicable to a water | ||
control and improvement district. | ||
(d) The authority may not exercise the power of eminent | ||
domain outside the authority's boundaries. | ||
(e) The authority's authority under this section to | ||
exercise the power of eminent domain expired on September 1, 2013, | ||
unless the authority submitted a letter to the comptroller in | ||
accordance with Section 2206.101(b), Government Code, not later | ||
than December 31, 2012. (Acts 56th Leg., R.S., Ch. 279, Secs. 14a | ||
(part), 18 (part), 19 (part); New.) | ||
Sec. 8510.0315. COST OF RELOCATING OR ALTERING PROPERTY. | ||
If the authority's exercise of the power of eminent domain, the | ||
power of relocation, or any other power granted by this chapter | ||
makes necessary relocating, raising, rerouting, changing the grade | ||
of, or altering the construction of a highway, railroad, electric | ||
transmission line, telephone or telegraph property or facility, or | ||
pipeline, the necessary action shall be accomplished at the | ||
authority's sole expense. (Acts 56th Leg., R.S., Ch. 279, Sec. 18 | ||
(part).) | ||
Sec. 8510.0316. ACQUISITION OR OPERATION OF PROPERTY. (a) | ||
In this section, "property" includes: | ||
(1) rights, including surface water rights and | ||
groundwater rights; and | ||
(2) land, tenements, easements, rights-of-way, | ||
improvements, reservoirs, dams, canals, laterals, plants, works, | ||
and facilities. | ||
(b) The authority may investigate, plan, acquire, | ||
construct, maintain, or operate any property the authority | ||
considers necessary or proper to accomplish the purposes for which | ||
the authority is created. | ||
(c) The power described by Subsection (b) includes the power | ||
to acquire, inside or outside the authority, property and all other | ||
rights that are incidental or helpful to carrying out the purposes | ||
for which the authority is created. | ||
(d) The authority may purchase groundwater rights only as | ||
provided by Section 8510.0317. | ||
(e) Notwithstanding the other provisions of this section, | ||
the authority may engage in the generation or distribution of | ||
electric energy only as provided by Section 8510.0310. (Acts 56th | ||
Leg., R.S., Ch. 279, Sec. 19 (part); New.) | ||
Sec. 8510.0317. LIMITATION ON PURCHASE OF GROUNDWATER | ||
RIGHTS. The authority may purchase groundwater rights in a county | ||
inside the authority's territory only if: | ||
(1) there is a groundwater conservation district that | ||
has jurisdiction over water wells located in the county; or | ||
(2) in a county that is not in the jurisdiction of a | ||
groundwater conservation district, the commissioners court of the | ||
county approves the purchase of groundwater rights by the authority | ||
in the county. (Acts 56th Leg., R.S., Ch. 279, Sec. 19a.) | ||
Sec. 8510.0318. LIMITATION ON POWERS OF AUTHORITY REGARDING | ||
GROUNDWATER. This chapter does not authorize the authority to: | ||
(1) acquire or regulate groundwater or groundwater | ||
rights by the exercise of the power of eminent domain; or | ||
(2) regulate the use of groundwater resources. (Acts | ||
56th Leg., R.S., Ch. 279, Sec. 25.) | ||
Sec. 8510.0319. LIMITATION ON POWERS AND DUTIES OF | ||
AUTHORITY; COMMISSION APPROVAL OF CERTAIN PLANS. (a) The | ||
authority's powers and duties under this chapter are subject to all | ||
legislative declarations of public policy in the maximum use of the | ||
waters of the authority's watersheds for the purposes for which the | ||
authority was created. | ||
(b) The commission shall consider the adequacy and | ||
feasibility of, and approve or refuse to approve, each flood | ||
control or conservation plan that is devised to achieve a purpose | ||
for which the authority was created. (Acts 56th Leg., R.S., Ch. | ||
279, Sec. 15 (part).) | ||
Sec. 8510.0320. LIMITATION ON POWER TO MANUFACTURE AND | ||
PRODUCE GASOHOL. The authority may manufacture and produce gasohol | ||
only: | ||
(1) to operate the authority's equipment in an | ||
emergency as determined by the authority's general manager; and | ||
(2) on obtaining any necessary authorization required | ||
by law. (Acts 56th Leg., R.S., Ch. 279, Sec. 14c(a).) | ||
Sec. 8510.0321. SEAL. The authority may use a corporate | ||
seal. (Acts 56th Leg., R.S., Ch. 279, Sec. 22 (part).) | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8510.0401. PROCEDURE FOR PAYMENT. A warrant for the | ||
payment of money by the authority may be drawn and signed by two | ||
authority officers or employees, as designated by a standing order | ||
entered in the authority's minutes, if the account has been | ||
contracted and ordered paid by the board. (Acts 56th Leg., R.S., | ||
Ch. 279, Sec. 5 (part).) | ||
Sec. 8510.0402. RECEIPT OF MONEY. The treasurer shall | ||
receive and give a receipt for all money received and spent by the | ||
authority. (Acts 56th Leg., R.S., Ch. 279, Sec. 7 (part).) | ||
Sec. 8510.0403. FISCAL YEAR. The authority's fiscal year | ||
ends September 30 of each year. (Acts 56th Leg., R.S., Ch. 279, | ||
Sec. 9 (part).) | ||
Sec. 8510.0404. FILING OF AUDIT REPORT. A copy of the audit | ||
report prepared under Subchapter G, Chapter 49, Water Code, shall | ||
be filed: | ||
(1) as required by Section 49.194, Water Code; and | ||
(2) in the office of the auditor. (Acts 56th Leg., | ||
R.S., Ch. 279, Sec. 9 (part); New.) | ||
Sec. 8510.0405. ASSET MANAGEMENT PLAN. (a) In this | ||
section, "system" means a system for the: | ||
(1) provision of water to the public for human | ||
consumption; or | ||
(2) collection and treatment of wastewater. | ||
(b) The authority shall adopt an asset management plan by: | ||
(1) preparing an asset inventory that identifies the | ||
assets of each system and the condition of the assets; | ||
(2) developing criteria to prioritize assets for | ||
repair or replacement, including: | ||
(A) the date by which the asset will need to be | ||
repaired or replaced; | ||
(B) the importance of the asset in providing safe | ||
drinking water and complying with regulatory standards; | ||
(C) the importance of the asset to the effective | ||
operation of the system; and | ||
(D) other criteria as determined by the | ||
authority; | ||
(3) estimating asset repair and replacement costs; | ||
(4) identifying and evaluating potential financing | ||
options; and | ||
(5) prioritizing systems that are not in compliance | ||
with federal or state regulatory standards, including water quality | ||
standards. | ||
(c) The authority shall review and revise the plan as | ||
necessary to account for regulatory changes and other developments. | ||
(d) The board shall approve the plan annually as part of its | ||
budgeting process. (Acts 56th Leg., R.S., Ch. 279, Sec. 14e.) | ||
Sec. 8510.0406. RATES AND CHARGES. (a) The authority shall | ||
impose rates and other charges for the sale or use of water or for | ||
services sold, provided, or supplied by the authority. | ||
(b) The rates and other charges must be reasonable and | ||
nondiscriminatory but sufficient to provide revenue adequate to: | ||
(1) pay the authority's expenses in carrying out the | ||
functions for which it is created; and | ||
(2) fulfill the terms of any agreements made with the | ||
holders of any of the authority's obligations. (Acts 56th Leg., | ||
R.S., Ch. 279, Sec. 20 (part).) | ||
Sec. 8510.0407. CHANGES TO RATES AND CHARGES. (a) In this | ||
section, "affected person" has the meaning assigned by Section | ||
13.002, Water Code. | ||
(b) The board shall establish a process to ensure that, | ||
before the authority makes a significant change to a rate or charge | ||
for the sale and use of water, affected persons are provided: | ||
(1) notice of the proposed change; and | ||
(2) an opportunity to provide to the board comments | ||
regarding the proposed change. | ||
(c) The process established under Subsection (b) must | ||
include: | ||
(1) the provision of notice of a proposed change: | ||
(A) on the authority's website; and | ||
(B) in an affected person's utility bills; and | ||
(2) appropriate informational meetings or rate | ||
hearings that provide affected persons the opportunity to provide | ||
public comments about the proposed change to be held: | ||
(A) before sending a statement of intent required | ||
under Chapter 13, Water Code; | ||
(B) in locations as necessary to enable affected | ||
persons to attend; and | ||
(C) after the provision of notice under | ||
Subdivision (1). | ||
(d) The board by rule shall establish a percentage change in | ||
a rate or charge such that a change greater than or equal to that | ||
percentage is considered significant for purposes of Subsection | ||
(b). (Acts 56th Leg., R.S., Ch. 279, Sec. 20a (part).) | ||
Sec. 8510.0408. NOTICE OF RIGHT TO APPEAL CHANGES TO RATES. | ||
(a) In this section, "affected person" has the meaning assigned by | ||
Section 13.002, Water Code. | ||
(b) The authority shall notify affected persons of their | ||
right to appeal changes to rates: | ||
(1) in notices related to changes to rates; | ||
(2) in utility bills sent before the deadline for | ||
initiating an appeal under Chapter 13, Water Code; and | ||
(3) on the authority's website. | ||
(c) The notice required by Subsection (b) must include | ||
descriptions of: | ||
(1) the appeals process; | ||
(2) the requirements for an appeal, including the | ||
number of signatures needed on a petition; and | ||
(3) the methods available for obtaining additional | ||
information related to rates. (Acts 56th Leg., R.S., Ch. 279, Secs. | ||
20a (part), 20b.) | ||
Sec. 8510.0409. DEPOSITORY. (a) The board shall designate | ||
one or more banks in the authority to serve as depository for the | ||
authority's money. | ||
(b) Authority money shall be deposited in a depository, | ||
except that: | ||
(1) money pledged to pay bonds may be deposited with | ||
the trustee bank named in the trust agreement; and | ||
(2) money shall be remitted to the bank of payment for | ||
the payment of the principal of and interest on bonds. (Acts 56th | ||
Leg., R.S., Ch. 279, Sec. 23 (part).) | ||
Sec. 8510.0410. TAX NOT AUTHORIZED BY CHAPTER. This | ||
chapter does not authorize the authority to impose any form of tax | ||
inside the authority. (Acts 56th Leg., R.S., Ch. 279, Sec. 24.) | ||
SUBCHAPTER E. BORROWED MONEY OR GRANTS | ||
Sec. 8510.0501. POWER TO ISSUE OBLIGATIONS OR WARRANTS. | ||
The authority may issue obligations or warrants to obtain money. | ||
(Acts 56th Leg., R.S., Ch. 279, Sec. 21 (part).) | ||
Sec. 8510.0502. LOANS AND GRANTS. The authority may: | ||
(1) borrow money for its corporate purposes; and | ||
(2) borrow money or accept a grant from the United | ||
States, this state, or any other source, and in connection with the | ||
loan or grant, enter into any agreement or assume any obligation as | ||
may be required. (Acts 56th Leg., R.S., Ch. 279, Sec. 22 (part).) | ||
Sec. 8510.0503. POWER TO SEEK AND ACCEPT CONTRIBUTIONS. | ||
(a) The authority may seek and accept from any source a contribution | ||
to an authority fund for the purpose of funding: | ||
(1) necessary studies; | ||
(2) engineering and other services; and | ||
(3) the collection and computation of data respecting | ||
regional and general conditions that influence the character and | ||
extent of the improvements necessary to effect the authority's | ||
purposes to the greatest public advantage. | ||
(b) A grant or gratuity shall be strictly accounted for and | ||
is subject to the same rules and orders applicable to other money | ||
the authority handles or disburses. (Acts 56th Leg., R.S., Ch. 279, | ||
Sec. 17.) | ||
Sec. 8510.0504. POWER TO ISSUE BONDS. (a) The authority | ||
may issue bonds as authorized by this chapter for the purpose of | ||
providing money for any purpose authorized by this chapter. | ||
(b) The authority, without an election, may issue bonds | ||
payable from the authority's revenue pledged by board resolution. | ||
(c) The bonds must be authorized by a board resolution. | ||
(Acts 56th Leg., R.S., Ch. 279, Secs. 26(a), (b) (part).) | ||
Sec. 8510.0505. FORM OF BONDS. Authority bonds must be: | ||
(1) issued in the authority's name; | ||
(2) signed by the president or vice president; and | ||
(3) attested by the secretary. (Acts 56th Leg., R.S., | ||
Ch. 279, Sec. 26(b) (part).) | ||
Sec. 8510.0506. MATURITY. Authority bonds must mature not | ||
later than 50 years after the date of their issuance. (Acts 56th | ||
Leg., R.S., Ch. 279, Sec. 26(b) (part).) | ||
Sec. 8510.0507. BONDS PAYABLE FROM REVENUE. (a) In this | ||
section, "net revenue" means the authority's gross revenue less the | ||
amount necessary to pay the cost of maintaining and operating the | ||
authority and the authority's property. | ||
(b) Authority bonds may be secured by a pledge of: | ||
(1) all or part of the authority's net revenue; | ||
(2) the net revenue of a contract entered into at any | ||
time; or | ||
(3) other revenue specified by board resolution. | ||
(c) The pledge may reserve the right to issue additional | ||
bonds on a parity with or subordinate to the bonds being issued, | ||
subject to conditions specified by the pledge. (Acts 56th Leg., | ||
R.S., Ch. 279, Sec. 26(d).) | ||
Sec. 8510.0508. COMPENSATION RATES. (a) The board shall | ||
set and revise the rates of compensation for: | ||
(1) water the authority sells; and | ||
(2) services the authority renders. | ||
(b) The rates of compensation must be sufficient to: | ||
(1) pay the expense of operating and maintaining the | ||
authority's facilities; | ||
(2) pay the bonds as they mature and the interest as it | ||
accrues; and | ||
(3) maintain the reserve and other funds as provided | ||
in the resolution authorizing the bonds. (Acts 56th Leg., R.S., Ch. | ||
279, Sec. 26(e).) | ||
Sec. 8510.0509. ADDITIONAL SECURITY. (a) Authority bonds, | ||
including refunding bonds, may be additionally secured by a deed of | ||
trust lien on the authority's physical property and all franchises, | ||
easements, water rights and appropriation permits, leases, and | ||
contracts, and all rights related to the property, vesting in the | ||
trustee power to: | ||
(1) sell the property for payment of the debt; | ||
(2) operate the property; and | ||
(3) take other action to further secure the bonds. | ||
(b) The deed of trust may: | ||
(1) contain any provision the board prescribes to | ||
secure the bonds and preserve the trust estate; | ||
(2) provide for amendment or modification of the deed | ||
of trust; and | ||
(3) provide for the issuance of bonds to replace lost | ||
or mutilated bonds. | ||
(c) A purchaser under a sale under the deed of trust is the | ||
owner of the dam and other property and facilities purchased and is | ||
entitled to maintain and operate the property and facilities, if | ||
the authority forfeits or defaults. (Acts 56th Leg., R.S., Ch. 279, | ||
Sec. 28.) | ||
Sec. 8510.0510. USE OF BOND PROCEEDS. (a) The authority | ||
may set aside an amount of proceeds from the sale of authority bonds | ||
for the payment of interest expected to accrue during construction | ||
and a reserve interest and sinking fund. The resolution | ||
authorizing the bonds may provide for setting aside and using the | ||
proceeds as provided by this subsection. | ||
(b) The authority may use proceeds from the sale of the | ||
bonds to pay any expense necessarily incurred in accomplishing the | ||
authority's purposes. (Acts 56th Leg., R.S., Ch. 279, Sec. 26(f).) | ||
Sec. 8510.0511. APPOINTMENT OF RECEIVER. (a) On default or | ||
threatened default in the payment of the principal of or interest on | ||
authority bonds, a court may appoint a receiver for the authority on | ||
petition of the holders of 25 percent of the outstanding bonds of | ||
the issue in default or threatened with default. | ||
(b) The receiver may collect and receive all authority | ||
income, employ and discharge authority agents and employees, take | ||
charge of money on hand, and manage the authority's proprietary | ||
affairs without the board's consent or hindrance. | ||
(c) The receiver may be authorized to sell or contract for | ||
the sale of water or to renew those contracts with the approval of | ||
the court that appointed the receiver. | ||
(d) The court may vest the receiver with any other power or | ||
duty the court finds necessary to protect the bondholders. (Acts | ||
56th Leg., R.S., Ch. 279, Sec. 26(g).) | ||
Sec. 8510.0512. REFUNDING BONDS. (a) The authority may | ||
issue refunding bonds to refund outstanding authority bonds and | ||
interest on those bonds. | ||
(b) Refunding bonds may: | ||
(1) be issued to refund bonds of more than one series; | ||
(2) combine the pledges for the outstanding bonds for | ||
the security of the refunding bonds; or | ||
(3) be secured by a pledge of other or additional | ||
revenue. | ||
(c) The provisions of this subchapter regarding the | ||
issuance of other bonds and the remedies of the holders apply to | ||
refunding bonds. | ||
(d) The comptroller shall register the refunding bonds on | ||
surrender and cancellation of the bonds to be refunded. | ||
(e) Instead of issuing bonds to be registered on the | ||
surrender and cancellation of the bonds to be refunded, the | ||
authority, in the resolution authorizing the issuance of the | ||
refunding bonds, may provide for the sale of the refunding bonds and | ||
the deposit of the proceeds in a bank at which the bonds to be | ||
refunded are payable. In that case, the refunding bonds may be | ||
issued in an amount sufficient to pay the interest on the bonds to | ||
be refunded to their option date or maturity date, and the | ||
comptroller shall register the refunding bonds without the | ||
concurrent surrender and cancellation of the bonds to be refunded. | ||
(Acts 56th Leg., R.S., Ch. 279, Sec. 27.) | ||
CHAPTER 8511. NUECES RIVER AUTHORITY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8511.0101. DEFINITIONS | ||
Sec. 8511.0102. NATURE OF AUTHORITY | ||
Sec. 8511.0103. PURPOSE OF CHAPTER | ||
Sec. 8511.0104. REVIEW SCHEDULE UNDER SUNSET ACT | ||
Sec. 8511.0105. TERRITORY | ||
Sec. 8511.0106. LIBERAL CONSTRUCTION OF CHAPTER | ||
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS | ||
Sec. 8511.0201. MEMBERSHIP OF BOARD | ||
Sec. 8511.0202. TERMS | ||
Sec. 8511.0203. REMOVAL | ||
Sec. 8511.0204. VACANCY | ||
Sec. 8511.0205. BYLAWS | ||
Sec. 8511.0206. BOND REQUIREMENT FOR DIRECTORS | ||
Sec. 8511.0207. COMPENSATION OF DIRECTORS | ||
Sec. 8511.0208. OFFICERS | ||
Sec. 8511.0209. COMMITTEES | ||
Sec. 8511.0210. EXECUTIVE DIRECTOR | ||
Sec. 8511.0211. DIRECTOR TRAINING PROGRAM | ||
Sec. 8511.0212. INTEREST IN CONTRACT | ||
Sec. 8511.0213. SEPARATION OF POLICYMAKING AND | ||
MANAGEMENT FUNCTIONS | ||
Sec. 8511.0214. PUBLIC TESTIMONY | ||
Sec. 8511.0215. DIRECTORS' AND EMPLOYEES' FIDELITY | ||
BONDS | ||
Sec. 8511.0216. AUTHORITY'S OFFICE | ||
Sec. 8511.0217. COMPLAINTS | ||
Sec. 8511.0218. ALTERNATIVE DISPUTE RESOLUTION | ||
PROCEDURES | ||
Sec. 8511.0219. FIVE-YEAR STRATEGIC PLAN | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8511.0301. GENERAL POWERS AND DUTIES | ||
Sec. 8511.0302. CONTROL AND USE OF WATERS | ||
Sec. 8511.0303. USE OF BED AND BANKS OF NUECES RIVER | ||
AND ITS TRIBUTARIES | ||
Sec. 8511.0304. MASTER PLAN | ||
Sec. 8511.0305. WATER CONSERVATION PROGRAM | ||
Sec. 8511.0306. FORESTATION AND REFORESTATION | ||
Sec. 8511.0307. GROUNDWATER | ||
Sec. 8511.0308. WATER QUALITY CONTROL | ||
Sec. 8511.0309. SOLID WASTE SERVICES | ||
Sec. 8511.0310. APPLICABILITY OF CERTAIN ENVIRONMENTAL | ||
LAWS | ||
Sec. 8511.0311. PARKS AND RECREATIONAL FACILITIES | ||
Sec. 8511.0312. PERMITS AND LICENSES | ||
Sec. 8511.0313. SERVICE CONTRACTS AND CHARGES | ||
Sec. 8511.0314. USE OF REVENUE AND PROPERTY | ||
Sec. 8511.0315. ACQUISITION, MAINTENANCE, AND | ||
OPERATION OF PROPERTY | ||
Sec. 8511.0316. ACQUISITION, CONSTRUCTION, | ||
MAINTENANCE, AND OPERATION OF | ||
FACILITIES | ||
Sec. 8511.0317. EMINENT DOMAIN | ||
Sec. 8511.0318. COST OF RELOCATING OR ALTERING | ||
PROPERTY | ||
Sec. 8511.0319. DISPOSITION OF PROPERTY | ||
Sec. 8511.0320. GENERAL CONTRACT POWERS | ||
Sec. 8511.0321. AWARD OF CERTAIN CONTRACTS | ||
Sec. 8511.0322. CONSTRUCTION CONTRACTS: PAYMENT | ||
Sec. 8511.0323. CONFLICT OF INTEREST IN CERTAIN | ||
CONTRACTS | ||
Sec. 8511.0324. SURVEYS AND ENGINEERING INVESTIGATIONS | ||
Sec. 8511.0325. PLANS | ||
Sec. 8511.0326. ACCESS TO AUTHORITY PROPERTY | ||
Sec. 8511.0327. LIMITATIONS ON POWERS AND DUTIES; | ||
COMMISSION APPROVAL OF CERTAIN PLANS | ||
SUBCHAPTER D. REGULATORY POWERS; ENFORCEMENT AND COURT REVIEW | ||
PROVISIONS | ||
Sec. 8511.0401. ADOPTION AND ENFORCEMENT OF RULES | ||
Sec. 8511.0402. CIVIL PENALTY; INJUNCTIVE RELIEF | ||
Sec. 8511.0403. COURT REVIEW | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8511.0501. DISBURSEMENT OF MONEY | ||
Sec. 8511.0502. ACCOUNTS, CONTRACTS, AND OTHER | ||
RECORDS; PUBLIC INSPECTION | ||
Sec. 8511.0503. FEES AND CHARGES | ||
Sec. 8511.0504. TRUST MONEY | ||
Sec. 8511.0505. DEPOSITORY | ||
Sec. 8511.0506. INVESTMENT OF AUTHORITY MONEY; | ||
APPLICATION OF INCOME FROM | ||
INVESTMENTS | ||
Sec. 8511.0507. FISCAL YEAR | ||
Sec. 8511.0508. AUDIT | ||
SUBCHAPTER F. TAX PROVISIONS | ||
Sec. 8511.0601. MAINTENANCE AND ADMINISTRATION TAX | ||
Sec. 8511.0602. ELECTION FOR AD VALOREM TAX OR BONDS | ||
PAYABLE FROM AD VALOREM TAXES | ||
Sec. 8511.0603. ASSESSMENT AND COLLECTION OF TAXES | ||
Sec. 8511.0604. MAXIMUM TAX RATE | ||
Sec. 8511.0605. POWERS RELATING TO IMPROVEMENTS | ||
PECULIAR TO DEFINED AREA | ||
SUBCHAPTER G. BONDS, BORROWED MONEY, AND GRANTS | ||
Sec. 8511.0701. BORROWING MONEY; GRANTS | ||
Sec. 8511.0702. POWER TO APPLY FOR MONEY FOR | ||
ENGINEERING SURVEYS, INFORMATION | ||
COMPILATION AND COLLECTION, AND | ||
OTHER PURPOSES | ||
Sec. 8511.0703. POWER TO ISSUE BONDS | ||
Sec. 8511.0704. FORM OF BONDS | ||
Sec. 8511.0705. MATURITY | ||
Sec. 8511.0706. ELECTION FOR BONDS PAYABLE FROM AD | ||
VALOREM TAXES | ||
Sec. 8511.0707. TRUST INDENTURE | ||
Sec. 8511.0708. ADDITIONAL BONDS | ||
Sec. 8511.0709. ADDITIONAL PROVISIONS IN RESOLUTION | ||
AUTHORIZING BONDS OR TRUST INDENTURE | ||
Sec. 8511.0710. REFUNDING BONDS | ||
CHAPTER 8511. NUECES RIVER AUTHORITY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8511.0101. DEFINITIONS. Unless the context otherwise | ||
requires, in this chapter: | ||
(1) "Authority" means the Nueces River Authority. | ||
(2) "Board" means the authority's board of directors. | ||
(3) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(4) "Development board" means the Texas Water | ||
Development Board. | ||
(5) "Director" means a board member. | ||
(6) "State" means the State of Texas or any of its | ||
agencies, departments, boards, political subdivisions, or other | ||
entities. | ||
(7) "Waste" means sewage, industrial waste, municipal | ||
waste, recreational waste, agricultural waste, waste heat, solid | ||
waste, or any other waste. (Acts 44th Leg., 1st C.S., Ch. 427, | ||
Secs. 1.02(1), (2), (4), (6), (7), (8); New.) | ||
Sec. 8511.0102. NATURE OF AUTHORITY. (a) The authority is: | ||
(1) a conservation and reclamation district under | ||
Section 59, Article XVI, Texas Constitution; and | ||
(2) a municipality. | ||
(b) The authority's creation is essential to accomplish the | ||
purposes of Section 59, Article XVI, Texas Constitution. (Acts | ||
44th Leg., 1st C.S., Ch. 427, Sec. 2.01 (part).) | ||
Sec. 8511.0103. PURPOSE OF CHAPTER. The purpose of this | ||
chapter is to provide by the means and in the manner authorized in | ||
this chapter for the conservation and development of this state's | ||
natural resources inside the Nueces River Basin, including: | ||
(1) the control, storage, preservation, and | ||
distribution of this state's water for domestic and municipal uses, | ||
industrial uses, irrigation, mining and recovery of minerals, stock | ||
raising, underground water recharge, electric power generation, | ||
navigation, recreation and pleasure, and other beneficial uses and | ||
purposes; | ||
(2) the reclamation and irrigation of arid, semiarid, | ||
and other land needing irrigation; | ||
(3) the reclamation and drainage of overflowed land | ||
and other land needing drainage; | ||
(4) the maintenance and enhancement of the quality of | ||
the water in the Nueces River Basin; | ||
(5) the conservation and development of the forests, | ||
water, and hydroelectric power; | ||
(6) the navigation of inland and coastal water; and | ||
(7) the provision of systems, facilities, and | ||
procedures for the collection, transportation, handling, | ||
treatment, and disposal of waste. (Acts 44th Leg., 1st C.S., Ch. | ||
427, Sec. 1.01.) | ||
Sec. 8511.0104. REVIEW SCHEDULE UNDER SUNSET ACT. A review | ||
of the authority under Section 325.025, Government Code, shall be | ||
conducted as if the authority were a state agency scheduled to be | ||
abolished September 1, 2031, and every 12th year after that year. | ||
(Acts 44th Leg., 1st C.S., Ch. 427, Sec. 1.02A(a) (part).) | ||
Sec. 8511.0105. TERRITORY. (a) The authority is composed | ||
of the territory described by Section 2.02(a), Chapter 427, Acts of | ||
the 44th Legislature, 1st Called Session, 1935, as that territory | ||
may have been modified under: | ||
(1) Subsection (c) or its predecessor statute, Section | ||
2.02(c), Chapter 427, Acts of the 44th Legislature, 1st Called | ||
Session, 1935; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The board shall record in the authority's minutes the | ||
written description of the boundaries in Section 2.02(a), Chapter | ||
427, Acts of the 44th Legislature, 1st Called Session, 1935. | ||
(c) If the directors find any land included in the field | ||
notes, other than land in San Patricio, Nueces, and Jim Wells | ||
Counties, that is not actually included in the watershed of the | ||
Nueces River, the board shall exclude the land from the authority | ||
and file a certificate of exclusion with the county clerk of the | ||
county in which the land is located. The certificate of exclusion | ||
must describe the boundaries of the land excluded so that the land | ||
remaining in the authority may be adequately identified. | ||
(d) The boundaries and field notes of the authority form a | ||
closure. A mistake in the field notes or in copying the field notes | ||
in the legislative process does not affect: | ||
(1) the authority's organization, existence, or | ||
validity; | ||
(2) the authority's right to issue any type of bond for | ||
a purpose for which the authority is created or to pay the principal | ||
of or interest on the bond; | ||
(3) the right to impose a tax; or | ||
(4) the legality or operation of the authority or its | ||
governing body. (Acts 44th Leg., 1st C.S., Ch. 427, Secs. 2.02(b), | ||
(c); Acts 64th Leg., R.S., Ch. 699, Sec. 5; Acts 69th Leg., R.S., | ||
Ch. 665, Sec. 3; New.) | ||
Sec. 8511.0106. LIBERAL CONSTRUCTION OF CHAPTER. This | ||
chapter shall be liberally construed to achieve its purposes. | ||
(Acts 44th Leg., 1st C.S., Ch. 427, Sec. 1.03 (part).) | ||
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS | ||
Sec. 8511.0201. MEMBERSHIP OF BOARD. (a) The board | ||
consists of 21 directors appointed by the governor with the advice | ||
and consent of the senate. | ||
(b) Each director must be a qualified voter and a resident | ||
of a county that is wholly or partly inside the authority as | ||
described by Section 2.02(a), Chapter 427, Acts of the 44th | ||
Legislature, 1st Called Session, 1935. | ||
(c) Four directors must be residents of Nueces County. Two | ||
directors must be residents of San Patricio County. Two directors | ||
must be residents of Jim Wells County. | ||
(d) Not more than four persons who reside in Nueces County | ||
and not more than two persons who reside in any other county that is | ||
wholly or partly inside the authority may be appointed to or serve | ||
on the board at the same time. (Acts 44th Leg., 1st C.S., Ch. 427, | ||
Secs. 2.03(a), (b).) | ||
Sec. 8511.0202. TERMS. Directors serve staggered terms of | ||
six years, with one-third of the directors taking office February 1 | ||
of each odd-numbered year. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. | ||
2.03(c).) | ||
Sec. 8511.0203. REMOVAL. (a) The governor may remove a | ||
director from office for: | ||
(1) inefficiency; | ||
(2) neglect of duty; | ||
(3) misconduct in office; or | ||
(4) absence from three consecutive regular board | ||
meetings. | ||
(b) Before a director is removed from office, the board | ||
shall conduct a hearing on the charges against the director, and the | ||
director is entitled to appear at the hearing and present evidence | ||
to show why the director should not be removed from office. | ||
(c) At least 30 days before the date of the hearing, the | ||
director shall be given notice of: | ||
(1) the charges against the director; and | ||
(2) the time and place for the hearing. | ||
(d) An affirmative vote of not fewer than 11 of the | ||
directors is required to approve a removal recommendation. | ||
(e) A removal recommendation shall be forwarded to the | ||
governor for the governor's consideration and action in accordance | ||
with this section. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. | ||
2.03(f).) | ||
Sec. 8511.0204. VACANCY. A board vacancy shall be filled in | ||
the manner provided by Section 8511.0201 for making the original | ||
appointment. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 2.03(e).) | ||
Sec. 8511.0205. BYLAWS. The board shall adopt necessary | ||
bylaws for the conduct of the authority's business. (Acts 44th | ||
Leg., 1st C.S., Ch. 427, Sec. 2.03(h).) | ||
Sec. 8511.0206. BOND REQUIREMENT FOR DIRECTORS. (a) As a | ||
qualification for office, a director must execute a bond in an | ||
amount determined by the board conditioned on the faithful | ||
performance of the director's duties. | ||
(b) The authority shall pay the premiums on the bond. (Acts | ||
44th Leg., 1st C.S., Ch. 427, Secs. 2.03(d), 2.08(b) (part).) | ||
Sec. 8511.0207. COMPENSATION OF DIRECTORS. (a) A director | ||
is entitled to receive an allowance in an amount not to exceed that | ||
provided under Section 49.060, Water Code. | ||
(b) A director is not entitled to receive a per diem | ||
allowance for more than 50 days in a calendar year. | ||
(c) In all areas of conflict with this section, Section | ||
49.060, Water Code, takes precedence. (Acts 44th Leg., 1st C.S., | ||
Ch. 427, Sec. 2.05.) | ||
Sec. 8511.0208. OFFICERS. (a) The governor shall | ||
designate a director as board president to serve in that capacity at | ||
the governor's pleasure. | ||
(b) The board shall elect one or more vice presidents, a | ||
secretary, a treasurer, and any other officers as the directors may | ||
determine in the bylaws or otherwise. | ||
(c) Each vice president, the secretary, and the treasurer | ||
must be a director, but other officers are not required to be | ||
directors. | ||
(d) The offices of secretary and treasurer may be combined, | ||
and the offices of assistant secretary and assistant treasurer may | ||
be combined. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 2.03(i).) | ||
Sec. 8511.0209. COMMITTEES. (a) The board may appoint or | ||
establish an executive committee and appoint or provide for the | ||
appointment of other committees as necessary or desirable to assist | ||
in conducting the authority's business. | ||
(b) Subject to the applicable rules of law on delegation of | ||
powers, the board may assign or delegate or provide for the | ||
assignment or delegation of any powers, duties, and functions to | ||
its committees as the board may prescribe. | ||
(c) A committee member who is not a director may not vote on | ||
a matter coming before the committee unless specifically authorized | ||
by the board to do so. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. | ||
2.06.) | ||
Sec. 8511.0210. EXECUTIVE DIRECTOR. (a) The board may | ||
employ an executive director and set the executive director's | ||
salary and other compensation by a majority vote of all the | ||
qualified directors. | ||
(b) The executive director is the authority's chief | ||
executive officer. | ||
(c) Under policies the board and the executive committee | ||
establish, the executive director is responsible to the board and | ||
the executive committee for: | ||
(1) administering the directives of the board and the | ||
executive committee; | ||
(2) keeping the authority's records, including minutes | ||
of meetings of the board and the executive committee; | ||
(3) coordinating with state, federal, and local | ||
agencies; | ||
(4) developing plans and programs for the approval of | ||
the board or the executive committee; | ||
(5) hiring, supervising, training, and discharging | ||
the authority's employees, as authorized by the board or the | ||
executive committee; | ||
(6) contracting for or retaining technical, | ||
scientific, legal, fiscal, and other professional services, as | ||
authorized by the board or the executive committee; and | ||
(7) performing any other duties assigned to the | ||
executive director by the board or the executive committee. | ||
(d) The board may discharge the executive director by a | ||
majority vote of all the qualified directors. (Acts 44th Leg., 1st | ||
C.S., Ch. 427, Sec. 2.07.) | ||
Sec. 8511.0211. DIRECTOR TRAINING PROGRAM. (a) A person | ||
who is appointed to and qualifies for office as a director may not | ||
vote, deliberate, or be counted as a director in attendance at a | ||
board meeting until the person completes a training program that | ||
complies with this section. | ||
(b) The training program must provide the person with | ||
information regarding: | ||
(1) the law governing authority operations; | ||
(2) the authority's programs, functions, rules, and | ||
budget; | ||
(3) the results of the authority's most recent formal | ||
audit; | ||
(4) the requirements of: | ||
(A) laws relating to open meetings, public | ||
information, administrative procedure, and disclosure of conflicts | ||
of interest; and | ||
(B) other laws applicable to members of the | ||
governing body of a river authority in performing their duties; and | ||
(5) any applicable ethics policies adopted by the | ||
authority or the Texas Ethics Commission. | ||
(c) A person appointed to the board is entitled to | ||
reimbursement for the travel expenses incurred in attending the | ||
training program regardless of whether the attendance at the | ||
program occurs before or after the person qualifies for office. | ||
(d) The executive director shall create a training manual | ||
that includes the information required by Subsection (b). The | ||
executive director shall distribute a copy of the training manual | ||
annually to each director. Each director shall sign and submit to | ||
the executive director a statement acknowledging that the director | ||
has received and reviewed the training manual. (Acts 44th Leg., 1st | ||
C.S., Ch. 427, Sec. 2.03A.) | ||
Sec. 8511.0212. INTEREST IN CONTRACT. (a) A director who | ||
is financially interested in a contract to be executed by the | ||
authority for the purchase, sale, lease, rental, or supply of | ||
property, including supplies, materials, and equipment, or the | ||
construction of facilities shall disclose that fact to the other | ||
directors and may not vote on or participate in discussions during | ||
board meetings on the acceptance of the contract. | ||
(b) An interest described by Subsection (a) does not affect | ||
the validity of a contract if the disclosure is made and the | ||
interested director does not vote on the question of entering into | ||
the contract. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 2.04.) | ||
Sec. 8511.0213. SEPARATION OF POLICYMAKING AND MANAGEMENT | ||
FUNCTIONS. The board shall develop and implement policies that | ||
clearly separate the board's policymaking responsibilities and the | ||
executive director's and staff's management responsibilities. | ||
(Acts 44th Leg., 1st C.S., Ch. 427, Sec. 2.08A.) | ||
Sec. 8511.0214. PUBLIC TESTIMONY. (a) The board shall | ||
develop and implement policies that provide the public with a | ||
reasonable opportunity to appear before the board and to speak on | ||
any issue under the authority's jurisdiction. | ||
(b) At each regular board meeting, the board shall include | ||
public testimony as a meeting agenda item and allow members of the | ||
public to comment on other agenda items and other matters under the | ||
authority's jurisdiction. The board may not deliberate on or decide | ||
a matter not included in the meeting agenda, except that the board | ||
may discuss including the matter on the agenda for a subsequent | ||
meeting. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 2.06A.) | ||
Sec. 8511.0215. DIRECTORS' AND EMPLOYEES' FIDELITY BONDS. | ||
(a) The executive director, the treasurer, and each of the | ||
authority's officers, agents, or employees who is charged with the | ||
collection, custody, or payment of authority money shall execute a | ||
fidelity bond. | ||
(b) The board must approve the bond's form, amount, and | ||
surety. | ||
(c) The authority shall pay the premiums on the bond. (Acts | ||
44th Leg., 1st C.S., Ch. 427, Secs. 2.08(a), (b) (part).) | ||
Sec. 8511.0216. AUTHORITY'S OFFICE. The authority shall | ||
maintain its principal office inside its boundaries. (Acts 44th | ||
Leg., 1st C.S., Ch. 427, Sec. 2.09.) | ||
Sec. 8511.0217. COMPLAINTS. (a) The authority shall | ||
maintain a system to act promptly and efficiently on complaints | ||
filed with the authority. | ||
(b) The authority shall maintain information about: | ||
(1) the parties to the complaint; | ||
(2) the subject matter of the complaint; | ||
(3) a summary of the results of the review or | ||
investigation of the complaint; and | ||
(4) the complaint's disposition. | ||
(c) The authority shall periodically notify the parties to | ||
the complaint of the complaint's status until final disposition. | ||
(d) The authority shall make information available | ||
describing its procedures for complaint investigation and | ||
resolution. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.27.) | ||
Sec. 8511.0218. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. | ||
(a) The board shall develop a policy to encourage the use of | ||
appropriate alternative dispute resolution procedures under | ||
Chapter 2009, Government Code, to assist in the resolution of | ||
internal and external disputes under the authority's jurisdiction. | ||
(b) The authority's procedures relating to alternative | ||
dispute resolution must conform, to the extent possible, to any | ||
model guidelines issued by the State Office of Administrative | ||
Hearings for the use of alternative dispute resolution by state | ||
agencies. | ||
(c) The authority shall: | ||
(1) coordinate the implementation of the policy | ||
adopted under Subsection (a); | ||
(2) provide training as needed to implement the | ||
procedures for alternative dispute resolution; and | ||
(3) collect data concerning the effectiveness of those | ||
procedures. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.18A.) | ||
Sec. 8511.0219. FIVE-YEAR STRATEGIC PLAN. (a) The | ||
authority shall adopt and promptly publish on the authority's | ||
Internet website a written strategic plan that: | ||
(1) sets the authority's goals for the following five | ||
years; | ||
(2) establishes the authority's mission; and | ||
(3) describes the anticipated activities that the | ||
authority will perform in the Nueces River Basin over the following | ||
five years. | ||
(b) The authority shall update the strategic plan regularly | ||
and publish the updated versions of the plan on the authority's | ||
Internet website. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.28.) | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8511.0301. GENERAL POWERS AND DUTIES. (a) The | ||
authority shall: | ||
(1) administer this chapter; and | ||
(2) use its facilities and powers to accomplish the | ||
purposes of this chapter. | ||
(b) The authority may: | ||
(1) exercise the powers, rights, privileges, and | ||
functions in this chapter; | ||
(2) exercise all powers, rights, and privileges | ||
necessary or convenient for accomplishing the purposes of this | ||
chapter; and | ||
(3) perform any other act necessary or convenient to | ||
the exercise of the powers, rights, privileges, or functions | ||
conferred by this chapter or other laws. | ||
(c) The board may provide for any expenditures it considers | ||
essential or useful in the authority's maintenance, operation, and | ||
administration. (Acts 44th Leg., 1st C.S., Ch. 427, Secs. 2.01 | ||
(part), 3.01(a), (b), 3.24.) | ||
Sec. 8511.0302. CONTROL AND USE OF WATERS. (a) The | ||
authority may exercise power over the storm water and floodwater of | ||
the Nueces River Basin. | ||
(b) The authority may exercise the powers of control and use | ||
of this state's water in the following manner and for the following | ||
purposes: | ||
(1) to provide for the control and coordination of | ||
water use in the Nueces River Basin as a unit; | ||
(2) to provide for the preservation of the rights of | ||
the people of the different sections of the Nueces River Basin in | ||
the beneficial use of water by adequate organization and | ||
administration; | ||
(3) to provide for conserving storm water, floodwater, | ||
and unappropriated flow water of the Nueces River Basin, including | ||
the storage, control, transportation, treatment, and distribution | ||
of that water, and the prevention of the escape of any of that water | ||
without the maximum of public service; | ||
(4) to provide for the prevention of the devastation | ||
of land from recurrent overflows; | ||
(5) to provide for the protection of life and property | ||
in the Nueces River Basin from uncontrolled floodwater; | ||
(6) to provide for the conservation of water essential | ||
for domestic and other water uses of the people of the Nueces River | ||
Basin, including all necessary water supplies for municipalities | ||
and industrial districts; | ||
(7) to provide for the irrigation of land in the Nueces | ||
River Basin where irrigation is required for agricultural purposes | ||
or may be considered helpful to more profitable agricultural | ||
production; | ||
(8) to provide for the equitable distribution of storm | ||
water, floodwater, and unappropriated flow water to meet the | ||
regional potential requirements for all uses; | ||
(9) to provide for the encouragement and development | ||
of drainage systems and provisions for the drainage of land in the | ||
valleys of the Nueces River and its tributary streams needing | ||
drainage for profitable agricultural and livestock production and | ||
industrial activities and the drainage of other land in the | ||
authority's watershed area requiring drainage for the most | ||
advantageous use; | ||
(10) to provide for the conservation of soil against | ||
destructive erosion to prevent the increased flood menace incident | ||
to erosion; | ||
(11) to control and make available for use storm | ||
water, floodwater, and unappropriated flow water as may be | ||
authorized by the commission in the development of commercial and | ||
industrial enterprises in all sections of the authority's watershed | ||
area; | ||
(12) to provide for the control, storage, and use of | ||
storm water, floodwater, and unappropriated flow water in the | ||
development and distribution of hydroelectric power, if that use | ||
may be economically coordinated with other and superior uses and | ||
subordinated to the uses declared by law to be superior; and | ||
(13) to provide for each purpose and use for which | ||
storm water, floodwater, and unappropriated flow water when | ||
controlled and conserved may be used in the performance of a useful | ||
service as contemplated and authorized by the provisions of the | ||
constitution and statutes. | ||
(c) The authority may: | ||
(1) control, store, and preserve the water of the | ||
Nueces River and its tributaries inside the authority's boundaries | ||
for a useful purpose; | ||
(2) use, distribute, and sell the water for a | ||
beneficial purpose inside and outside the authority; and | ||
(3) acquire water and water rights inside and outside | ||
the authority. | ||
(d) All plans and works provided by the authority and all | ||
works that may be provided under the authority's authorization | ||
should have primary regard to the necessity and potential needs for | ||
water by or in the respective areas constituting the watershed of | ||
the Nueces River and its tributary streams. (Acts 44th Leg., 1st | ||
C.S., Ch. 427, Sec. 3.02.) | ||
Sec. 8511.0303. USE OF BED AND BANKS OF NUECES RIVER AND ITS | ||
TRIBUTARIES. Subject to the commission's approval, the authority | ||
may use the bed and banks of the Nueces River and its tributary | ||
streams for any purpose necessary to accomplish the authority's | ||
plans for storing, controlling, conserving, transporting, and | ||
distributing storm water, floodwater, and appropriated flow waters | ||
for useful purposes. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. | ||
3.21.) | ||
Sec. 8511.0304. MASTER PLAN. (a) The authority shall | ||
prepare and file with the commission a master plan for the maximum | ||
development of the soil and water resources of the entire Nueces | ||
River watershed, including plans for the complete use, for all | ||
economically beneficial purposes, of the watershed's water | ||
resources. The authority may amend the master plan as appropriate | ||
to accomplish the purposes of this section. | ||
(b) After the master plan or any amendments to the plan have | ||
been filed with the commission, notice of the application of any | ||
person who desires to acquire the right to use state water that is | ||
in the Nueces River watershed shall be provided to the authority. | ||
After public hearing as provided by law, the commission may grant or | ||
deny the proposed application in the manner required by law, | ||
notwithstanding any contrary provision of the master plan or any | ||
amendments to the plan. | ||
(c) Each work constructed by the authority shall be | ||
constructed and operated in a manner that, in the greatest | ||
practicable degree, conforms to the master plan and any amendments | ||
to the plan. | ||
(d) This section may not be construed to interfere with any | ||
improvement of the Nueces River or its tributaries or with a grant | ||
or loan in aid of any improvement made by the United States or by | ||
this state. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.22.) | ||
Sec. 8511.0305. WATER CONSERVATION PROGRAM. The board | ||
shall adopt and implement a program of water conservation that: | ||
(1) incorporates the practices, techniques, and | ||
technologies that will reduce water consumption, reduce water loss | ||
or waste, improve efficiency in water use, or increase water | ||
recycling and reuse so that a water supply is available for future | ||
or alternative uses; and | ||
(2) the commission and development board determine | ||
meets reasonably anticipated local needs and conditions. (Acts | ||
44th Leg., 1st C.S., Ch. 427, Sec. 3.22A.) | ||
Sec. 8511.0306. FORESTATION AND REFORESTATION. The | ||
authority may forest, reforest, or aid in foresting or reforesting | ||
the watershed of the Nueces River and its tributaries. (Acts 44th | ||
Leg., 1st C.S., Ch. 427, Sec. 3.03.) | ||
Sec. 8511.0307. GROUNDWATER. (a) The authority may | ||
conduct surveys and studies of the groundwater supplies in the | ||
authority to: | ||
(1) determine the location and quantity of groundwater | ||
available for irrigation and other purposes; and | ||
(2) develop and ascertain other information that in | ||
the authority's judgment may be necessary to fully develop | ||
irrigation and other water uses from the groundwater in the | ||
authority. | ||
(b) With the approval and under the supervision of the | ||
commission, the authority may appropriate storm water and | ||
floodwater to recharge underground freshwater-bearing sand and | ||
aquifers in the Nueces River Basin. | ||
(c) The authority shall cooperate with the Edwards Aquifer | ||
Authority, or its lawful successor, and any other groundwater | ||
conservation district inside the authority's boundaries in any | ||
groundwater recharge project in an area where a groundwater | ||
conservation district has jurisdiction. (Acts 44th Leg., 1st C.S., | ||
Ch. 427, Sec. 3.04.) | ||
Sec. 8511.0308. WATER QUALITY CONTROL. (a) The authority | ||
may exercise the powers vested in a river authority by Chapters 5, | ||
7, 17, 26, and 30, Water Code, and Chapter 366, Health and Safety | ||
Code. | ||
(b) The authority may perform the licensing and other | ||
functions authorized to be delegated to a local government by the | ||
commission in connection with the regulation of private sewage | ||
facilities under Chapter 366, Health and Safety Code. | ||
(c) The authority may serve as the entity to provide | ||
regional or area-wide waste collection, treatment, and disposal | ||
systems as provided by Subchapter C, Chapter 26, Water Code. (Acts | ||
44th Leg., 1st C.S., Ch. 427, Sec. 3.05.) | ||
Sec. 8511.0309. SOLID WASTE SERVICES. The authority may | ||
acquire, construct, maintain, and provide facilities, equipment, | ||
and disposal sites to provide solid waste collection, | ||
transportation, treatment, and disposal services inside the | ||
authority, charge for the services, and enter into a contract for | ||
the services with any person. (Acts 44th Leg., 1st C.S., Ch. 427, | ||
Sec. 3.06.) | ||
Sec. 8511.0310. APPLICABILITY OF CERTAIN ENVIRONMENTAL | ||
LAWS. The authority may exercise the powers and functions vested in | ||
a river authority by Chapter 383, Health and Safety Code. (Acts | ||
44th Leg., 1st C.S., Ch. 427, Sec. 3.26.) | ||
Sec. 8511.0311. PARKS AND RECREATIONAL FACILITIES. The | ||
authority may: | ||
(1) acquire land adjacent to or in the vicinity of the | ||
Nueces River or any of its tributaries for park and recreational | ||
purposes; and | ||
(2) acquire, construct, and maintain park and | ||
recreational facilities on the land. (Acts 44th Leg., 1st C.S., Ch. | ||
427, Sec. 3.07.) | ||
Sec. 8511.0312. PERMITS AND LICENSES. In the manner | ||
provided by Chapters 5, 11, and 12, Water Code, the authority may | ||
apply for any permit, license, franchise, or other grant of | ||
authority it may require from the commission, the development | ||
board, or any other federal, state, or local governmental agency in | ||
exercising its powers and accomplishing the purposes under this | ||
chapter. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.08.) | ||
Sec. 8511.0313. SERVICE CONTRACTS AND CHARGES. (a) The | ||
authority may enter into a service contract and may adopt | ||
resolutions and orders establishing rates and providing for the | ||
collection of fees and charges for: | ||
(1) the sale or use of water; | ||
(2) water transmission, treatment, and storage | ||
facility services; | ||
(3) solid and liquid waste collection, treatment, and | ||
disposal services and facilities; | ||
(4) the use of park and recreational facilities; | ||
(5) the sale of power and electric energy; and | ||
(6) other services or facilities sold, provided, or | ||
supplied by the authority. | ||
(b) The fees and charges must be sufficient to produce | ||
revenue adequate to: | ||
(1) pay expenses necessary for the operation and | ||
maintenance of the authority's properties and facilities; | ||
(2) pay the principal of or the interest on any bonds | ||
or other obligations issued by the authority when due and payable; | ||
(3) fulfill any reserve or other fund obligations of | ||
the authority in connection with the bonds or other obligations; | ||
and | ||
(4) pay any other expenses the board may consider | ||
necessary and proper for the authority's operations. (Acts 44th | ||
Leg., 1st C.S., Ch. 427, Sec. 3.09.) | ||
Sec. 8511.0314. USE OF REVENUE AND PROPERTY. The use of any | ||
authority money or property for any purpose not provided by this | ||
chapter is prohibited. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. | ||
4.06(b).) | ||
Sec. 8511.0315. ACQUISITION, MAINTENANCE, AND OPERATION OF | ||
PROPERTY. The authority may purchase, lease, acquire by gift, | ||
maintain, use, and operate property of any kind inside or outside | ||
the authority that is appropriate for the exercise of its | ||
functions. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.11(a).) | ||
Sec. 8511.0316. ACQUISITION, CONSTRUCTION, MAINTENANCE, | ||
AND OPERATION OF FACILITIES. The authority may acquire in any | ||
manner, construct, extend, improve, maintain, reconstruct, use, | ||
and operate facilities inside or outside the authority that are | ||
necessary or convenient for the exercise of its powers, rights, | ||
duties, and functions. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. | ||
3.12.) | ||
Sec. 8511.0317. EMINENT DOMAIN. (a) The authority may | ||
exercise the power of eminent domain under Chapter 21, Property | ||
Code, to acquire property of any kind inside or outside the | ||
authority that is appropriate for the exercise of its functions. | ||
(b) The authority's authority under this section to | ||
exercise the power of eminent domain expired on September 1, 2013, | ||
unless the authority submitted a letter to the comptroller in | ||
accordance with Section 2206.101(b), Government Code, not later | ||
than December 31, 2012. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. | ||
3.10; New.) | ||
Sec. 8511.0318. COST OF RELOCATING OR ALTERING PROPERTY. | ||
(a) In this section, "sole expense" means the actual cost of | ||
relocating, raising, rerouting, changing the grade of, or altering | ||
the construction of a facility described by Subsection (b) in | ||
providing comparable replacement without enhancement of the | ||
facility, after deducting from that cost the net salvage value | ||
derived from the old facility. | ||
(b) If the authority's exercise of the power of eminent | ||
domain, the power of relocation, or any other power makes necessary | ||
relocating, raising, rerouting, changing the grade of, or altering | ||
the construction of a highway, railroad, electric transmission | ||
line, telephone or telegraph property or facility, or pipeline, the | ||
necessary action shall be accomplished at the authority's sole | ||
expense. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.14.) | ||
Sec. 8511.0319. DISPOSITION OF PROPERTY. The authority | ||
may: | ||
(1) sell any property or interest in property of any | ||
kind owned by the authority by installments or otherwise, including | ||
a sale in any manner prescribed or permitted by: | ||
(A) Chapter 383, Health and Safety Code; | ||
(B) Section 552.014, Local Government Code; or | ||
(C) Chapter 30, Water Code; or | ||
(2) lease, exchange, or otherwise dispose of any | ||
property described by Subdivision (1) or interest in property. | ||
(Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.11(b).) | ||
Sec. 8511.0320. GENERAL CONTRACT POWERS. The authority may | ||
enter into a contract or execute an instrument that is necessary or | ||
convenient for the exercise of its powers, rights, duties, and | ||
functions. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.15(a).) | ||
Sec. 8511.0321. AWARD OF CERTAIN CONTRACTS. (a) Any | ||
construction, maintenance, operation, or repair contract, or | ||
contract for the purchase of material, equipment, or supplies, or | ||
any contract for services other than technical, scientific, legal, | ||
fiscal, or other professional services, which will require an | ||
estimated expenditure of more than $10,000, or is for a term of six | ||
months or more, shall be awarded to the lowest and best bidder. | ||
(b) In the event of a catastrophe or calamity of any kind, | ||
the authority may award a contract necessary to protect and | ||
preserve the public health and welfare or the authority's property | ||
without using bidding procedures. | ||
(c) The authority: | ||
(1) shall publish notice: | ||
(A) to bidders once each week for three | ||
consecutive weeks before the date set for awarding the contract; | ||
and | ||
(B) in a newspaper having general circulation in | ||
the county or counties in which the contract is to be performed; and | ||
(2) may publish notice in any other appropriate | ||
publication. | ||
(d) The notice is sufficient if it states the time and place | ||
when and where the bids will be opened, the general nature of the | ||
work to be done, or the material, equipment, or supplies to be | ||
purchased, or the nonprofessional services to be rendered, and | ||
states the terms upon which copies of the plans, specifications, or | ||
other pertinent information may be obtained. | ||
(e) A person who desires to bid on the construction of any | ||
advertised work shall, on written application to the authority, be | ||
provided a copy of the plans and specifications or other | ||
engineering and architectural documents showing all of the details | ||
of the work to be done. A charge may be made to cover the cost of | ||
making the copy. | ||
(f) A bid must be: | ||
(1) in writing; | ||
(2) sealed and delivered to the authority; and | ||
(3) accompanied by a certified check drawn on a | ||
responsible bank in this state or, at the discretion of the | ||
authority, a bid bond from a company approved by the authority, in | ||
an amount equal to at least one percent of the total amount bid. | ||
(g) The authority shall open bids at the place specified in | ||
the published notice and shall announce the bids. The place where | ||
the bids are opened and announced must be open to the public. The | ||
award of the contract shall be made by: | ||
(1) the board; or | ||
(2) the executive committee, if authorized by the | ||
board. | ||
(h) The person with whom a contract is made shall provide | ||
the performance and payment bonds required by law. | ||
(i) The amount of a check or bond provided under Subsection | ||
(f) is forfeited to the authority if the successful bidder fails or | ||
refuses to: | ||
(1) enter into a proper contract; or | ||
(2) provide a bond as required by law. | ||
(j) The authority may reject any or all bids. | ||
(k) The authority may waive any informality in the bids. | ||
(l) This section does not prohibit the authority from taking | ||
the following actions by negotiated contract and without necessity | ||
for advertising for bids: | ||
(1) purchasing or acquiring land or an interest in | ||
land from any person; | ||
(2) acquiring, constructing, or improving pollution | ||
control or waste collection and disposal facilities in accordance | ||
with Chapter 30, Water Code, Chapter 383, Health and Safety Code, or | ||
other applicable statutes; or | ||
(3) purchasing or acquiring surplus property from a | ||
governmental entity. (Acts 44th Leg., 1st C.S., Ch. 427, Secs. | ||
3.15(b), (c), (d), (e), (f), (h), (i).) | ||
Sec. 8511.0322. CONSTRUCTION CONTRACTS: PAYMENT. (a) The | ||
contract price of any construction contract of the authority may be | ||
paid in partial payments as the work progresses, but the payments | ||
may not exceed 90 percent of the amount due at the time of the | ||
payments as shown by the authority engineer's report. | ||
(b) The executive director shall, at all times during the | ||
progress of the work, inspect the work or have the work inspected by | ||
the authority engineer or the engineer's assistants. | ||
(c) On certification of the executive director and the | ||
authority engineer of the completion of the contract in accordance | ||
with its terms and, in the case of any construction contract for | ||
which notice to bidders is required by Section 8511.0321(c), on | ||
board approval, the authority shall draw a warrant on its | ||
depository to pay the balance due on the contract. (Acts 44th Leg., | ||
1st C.S., Ch. 427, Sec. 3.15(g).) | ||
Sec. 8511.0323. CONFLICT OF INTEREST IN CERTAIN CONTRACTS. | ||
An officer, agent, or employee of the authority who is financially | ||
interested in a contract of a type described by Section | ||
8511.0321(a) shall disclose that fact to the board before the board | ||
votes on the acceptance of the contract. (Acts 44th Leg., 1st C.S., | ||
Ch. 427, Sec. 3.15(j).) | ||
Sec. 8511.0324. SURVEYS AND ENGINEERING INVESTIGATIONS. | ||
The authority shall conduct surveys and engineering investigations | ||
to develop information for its use. (Acts 44th Leg., 1st C.S., Ch. | ||
427, Sec. 3.19 (part).) | ||
Sec. 8511.0325. PLANS. The board may: | ||
(1) make and determine plans necessary to accomplish | ||
the purposes for which the authority is created; and | ||
(2) perform all actions useful and helpful in carrying | ||
out the plans described by Subdivision (1) and accomplishing the | ||
authority's purposes. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.19 | ||
(part).) | ||
Sec. 8511.0326. ACCESS TO AUTHORITY PROPERTY. (a) To | ||
provide for the safety and welfare of persons and their property or | ||
for the protection and security of authority property and | ||
facilities, the board may adopt rules with respect to authority | ||
property and any water reservoir or dam the construction, | ||
operation, or management of which is participated in by the | ||
authority to control and regulate: | ||
(1) ingress, egress, and use; and | ||
(2) the operation of land and water vehicles. | ||
(b) All public roads, streets, and state highways that as of | ||
September 1, 1975, traversed the areas to be covered by any | ||
impounded water shall remain open as a way of public passing to and | ||
from the lakes created, unless changed by lawful authority. (Acts | ||
44th Leg., 1st C.S., Ch. 427, Sec. 3.20.) | ||
Sec. 8511.0327. LIMITATIONS ON POWERS AND DUTIES; | ||
COMMISSION APPROVAL OF CERTAIN PLANS. (a) The powers granted and | ||
duties prescribed by this chapter are subject to all legislative | ||
declarations of public policy in the maximum use of the storm water, | ||
floodwater, and unappropriated flow water of the Nueces River Basin | ||
for the purposes for which the authority is created. | ||
(b) The commission shall consider the adequacy of, and | ||
approve or refuse to approve, any flood control or conservation | ||
improvement plan that: | ||
(1) is devised by the authority to achieve a plan or | ||
purpose for which the authority was created; and | ||
(2) contemplates improvements that are to be | ||
supervised by the commission under general law. (Acts 44th Leg., | ||
1st C.S., Ch. 427, Secs. 3.25(a) (part), (b).) | ||
SUBCHAPTER D. REGULATORY POWERS; ENFORCEMENT AND COURT REVIEW | ||
PROVISIONS | ||
Sec. 8511.0401. ADOPTION AND ENFORCEMENT OF RULES. (a) The | ||
authority may adopt and enforce rules reasonably required to | ||
effectuate this chapter. | ||
(b) In adopting rules, the board shall comply, as | ||
appropriate, with the requirements of Chapters 2001 and 2002, | ||
Government Code. | ||
(c) The board shall print its rules and provide copies to | ||
any person on written request. (Acts 44th Leg., 1st C.S., Ch. 427, | ||
Sec. 3.16.) | ||
Sec. 8511.0402. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) A | ||
person who violates an authority rule or order is subject to a civil | ||
penalty of not less than $50 or more than $1,000 for each day of | ||
violation. | ||
(b) The authority may sue to recover the penalty in a | ||
district court in the county in which the violation occurred. A | ||
penalty shall be paid to the authority. | ||
(c) The authority may sue for injunctive relief in a | ||
district court in the county in which a violation of a rule or order | ||
occurred or is threatened. | ||
(d) The authority may sue for injunctive relief and a | ||
penalty in the same proceeding. (Acts 44th Leg., 1st C.S., Ch. 427, | ||
Sec. 3.17.) | ||
Sec. 8511.0403. COURT REVIEW. (a) A person adversely | ||
affected by an authority rule or order may sue the authority in a | ||
district court to set aside the rule or order before the 31st day | ||
after the date on which the rule or order took effect. | ||
(b) Venue for a suit under Subsection (a) is in: | ||
(1) a county located wholly or partly in the authority | ||
in which the plaintiff resides; or | ||
(2) the county in which the authority maintains its | ||
principal office. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.18.) | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8511.0501. DISBURSEMENT OF MONEY. The authority may | ||
disburse its money only by a check, draft, order, or other | ||
instrument signed by a person authorized to do so in the board's | ||
bylaws or by board resolution. (Acts 44th Leg., 1st C.S., Ch. 427, | ||
Sec. 4.01.) | ||
Sec. 8511.0502. ACCOUNTS, CONTRACTS, AND OTHER RECORDS; | ||
PUBLIC INSPECTION. (a) The authority shall keep complete and | ||
accurate accounts of its business transactions in accordance with | ||
generally accepted methods of accounting. | ||
(b) The authority shall keep its accounts, contracts, | ||
documents, minutes, and other records at its principal office. | ||
(c) Except as otherwise required by law, the authority may | ||
not disclose a record that it has relating to a trade secret or the | ||
economics of operation of business or industry. | ||
(d) Except as provided by Subsection (c), the authority | ||
shall permit reasonable public inspection of its records during | ||
regular business hours. (Acts 44th Leg., 1st C.S., Ch. 427, Secs. | ||
2.10(a), (c), (d), (e).) | ||
Sec. 8511.0503. FEES AND CHARGES. (a) The authority shall | ||
establish fees and charges. | ||
(b) The fees and charges may not exceed the amount necessary | ||
to fulfill the obligations imposed on the authority by this | ||
chapter. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 4.02.) | ||
Sec. 8511.0504. TRUST MONEY. Money collected by or | ||
donated, granted, loaned, or advanced to the authority is trust | ||
money for the purposes provided by this chapter. (Acts 44th Leg., | ||
1st C.S., Ch. 427, Sec. 4.05.) | ||
Sec. 8511.0505. DEPOSITORY. (a) The board shall designate | ||
one or more banks inside or outside the authority to serve as a | ||
depository for authority money. | ||
(b) Authority money shall be deposited in a depository | ||
designated by the board, except that the following may be handled as | ||
provided in a trust indenture or bond resolution: | ||
(1) bond proceeds; | ||
(2) money pledged to pay bonds; | ||
(3) money placed in special funds; and | ||
(4) money remitted to a bank of payment for the payment | ||
of the principal of and interest on bonds. | ||
(c) The board shall prescribe the term of service for a | ||
depository. | ||
(d) Before designating a depository, the board shall: | ||
(1) publish notice one time in one or more newspapers | ||
of general circulation in the authority that are specified by the | ||
board; or | ||
(2) mail a copy of the notice to each bank inside the | ||
authority. | ||
(e) The notice must: | ||
(1) state the time and place at which the board will | ||
meet to designate a depository; and | ||
(2) invite the banks inside the authority to submit | ||
applications to be designated a depository. | ||
(f) At the time stated in the notice, the board shall: | ||
(1) consider the application and the management and | ||
condition of each bank that applies; and | ||
(2) designate as a depository the bank or banks: | ||
(A) that offer the most favorable terms for | ||
handling authority money; and | ||
(B) that the board finds have proper management | ||
and are in condition to handle authority money. | ||
(g) Membership on the board of an officer or director of a | ||
bank does not disqualify the bank from being designated as a | ||
depository. | ||
(h) If the board does not receive any applications before | ||
the time stated in the notice, the board shall designate one or more | ||
banks inside or outside the authority on terms that the board finds | ||
advantageous to the authority. (Acts 44th Leg., 1st C.S., Ch. 427, | ||
Secs. 4.09(a) (part), (b), (c), (d).) | ||
Sec. 8511.0506. INVESTMENT OF AUTHORITY MONEY; APPLICATION | ||
OF INCOME FROM INVESTMENTS. (a) Money in the authority's treasury | ||
that is not required for the current payment of obligations of the | ||
authority or for sinking funds and that the board considers | ||
available for investment may be invested or reinvested by the | ||
authority in: | ||
(1) direct obligations of the United States; | ||
(2) obligations the principal and interest of which | ||
are guaranteed by the United States; | ||
(3) direct obligations of or participation | ||
certificates guaranteed by: | ||
(A) a farm credit bank; | ||
(B) the Federal National Mortgage Association; | ||
(C) a federal home loan bank; | ||
(D) a bank for cooperatives; or | ||
(E) the successor or successors to any of the | ||
entities listed in this subdivision; | ||
(4) certificates of deposit of a bank or trust company | ||
the deposits of which are fully secured by a pledge of securities of | ||
any of the kind specified by Subdivision (3); | ||
(5) other securities made eligible for investment | ||
under this section by other laws and constitutional provisions; or | ||
(6) a combination of the investments listed in this | ||
subsection. | ||
(b) The board shall determine the type and maturity of | ||
investments made under this section. | ||
(c) A resolution relating to the issuance of bonds must | ||
provide appropriate recitals with regard to the investment of money | ||
in funds established in connection with the authorization of the | ||
bonds. | ||
(d) The board shall direct the application of income from | ||
investments made under this section. (Acts 44th Leg., 1st C.S., Ch. | ||
427, Sec. 4.07.) | ||
Sec. 8511.0507. FISCAL YEAR. The authority's fiscal year | ||
ends on August 31 of each year. (Acts 44th Leg., 1st C.S., Ch. 427, | ||
Sec. 4.08(a).) | ||
Sec. 8511.0508. AUDIT. (a) In addition to including the | ||
information required by Subchapter G, Chapter 49, Water Code, the | ||
audit report prepared under that subchapter must state: | ||
(1) the amount of money received by the authority | ||
under this chapter during the preceding fiscal year; and | ||
(2) how, to whom, and for what purpose the money was | ||
spent. | ||
(b) A copy of the audit report prepared under Subchapter G, | ||
Chapter 49, Water Code, shall be filed: | ||
(1) as required by Section 49.194, Water Code; | ||
(2) with the governor; | ||
(3) with the lieutenant governor; | ||
(4) with the speaker of the house of representatives; | ||
and | ||
(5) with the comptroller. (Acts 44th Leg., 1st C.S., | ||
Ch. 427, Secs. 4.08(b) (part), (c); New.) | ||
SUBCHAPTER F. TAX PROVISIONS | ||
Sec. 8511.0601. MAINTENANCE AND ADMINISTRATION TAX. (a) | ||
The board may impose ad valorem taxes in amounts approved at an | ||
election held in accordance with Section 8511.0602 for: | ||
(1) the maintenance of the authority and its | ||
improvements; or | ||
(2) the authority's administrative expenses. | ||
(b) The maintenance tax and administration tax may not | ||
exceed the maximum rate approved at the election, and the rate | ||
remains in effect until changed by a subsequent election. The tax | ||
rate may not exceed the limit specified by Section 8511.0604. (Acts | ||
44th Leg., 1st C.S., Ch. 427, Sec. 5.05.) | ||
Sec. 8511.0602. ELECTION FOR AD VALOREM TAX OR BONDS | ||
PAYABLE FROM AD VALOREM TAXES. (a) An ad valorem tax for a purpose | ||
authorized by this chapter may not be imposed and bonds payable | ||
wholly or partly from ad valorem taxes, other than refunding bonds, | ||
may not be issued unless the taxes or bonds are approved by a | ||
majority of the authority's voters voting at an election held in the | ||
authority. | ||
(b) The election must be ordered by resolution of the board. | ||
The election resolution must include: | ||
(1) the date of the election; | ||
(2) the proposition to be submitted and voted on; | ||
(3) the polling places; and | ||
(4) any other matters the board considers advisable. | ||
(c) There must be at least two polling places in each county | ||
that is wholly inside the authority, one of which must be at the | ||
county seat. There must be at least one polling place in that part | ||
of each county that is partly inside the authority. | ||
(d) Notice of the election must be given by publishing a | ||
substantial copy of the resolution ordering the election in one or | ||
more newspapers of general circulation in the authority. The | ||
notice must be published at least twice in each newspaper. The | ||
first publication in each newspaper must occur at least 14 days | ||
before the date set for the election, and the interval between the | ||
publications in each newspaper must be at least one week. (Acts | ||
44th Leg., 1st C.S., Ch. 427, Sec. 5.06 (part).) | ||
Sec. 8511.0603. ASSESSMENT AND COLLECTION OF TAXES. (a) | ||
Concurrently with the imposition of county taxes by the | ||
commissioners courts, the board shall impose a tax for the | ||
authority on all taxable property in the authority that is subject | ||
to taxation. The board shall immediately certify the tax rate to | ||
the assessor-collector of each county located wholly or partly | ||
inside the authority. | ||
(b) The tax assessor-collector of each county located | ||
wholly or partly inside the authority shall act as the tax | ||
assessor-collector for the authority for property in the authority | ||
located in that county. | ||
(c) The fee of each county tax assessor-collector for | ||
assessing and collecting the authority's taxes may not exceed one | ||
percent of the taxes collected, to be paid over and disbursed in | ||
each county in the same manner as other fees of office. (Acts 44th | ||
Leg., 1st C.S., Ch. 427, Secs. 5.07(b) (part), (c) (part), (f).) | ||
Sec. 8511.0604. MAXIMUM TAX RATE. Except as provided by | ||
Section 8511.0605, the maximum tax rate that may be imposed for any | ||
year for all purposes is 15 cents on each $100 of assessed valuation | ||
of taxable property. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 5.08; | ||
New.) | ||
Sec. 8511.0605. POWERS RELATING TO IMPROVEMENTS PECULIAR TO | ||
DEFINED AREA. (a) The authority may exercise the powers specified | ||
by Sections 51.510 through 51.530, Water Code, relating to | ||
improvements peculiar to defined areas inside the authority. | ||
(b) The tax rate limit specified by Section 8511.0604 does | ||
not apply with respect to an improvement constructed in exercise of | ||
a power authorized by this section. (Acts 44th Leg., 1st C.S., Ch. | ||
427, Sec. 5.09 (part).) | ||
SUBCHAPTER G. BONDS, BORROWED MONEY, AND GRANTS | ||
Sec. 8511.0701. BORROWING MONEY; GRANTS. (a) The | ||
authority may: | ||
(1) borrow money or accept a grant or donation for its | ||
corporate purposes from any person, including a private source, the | ||
United States, this state, or a local government; and | ||
(2) enter into an agreement in connection with a loan, | ||
grant, or donation accepted under Subdivision (1). | ||
(b) The source of any money accepted by the authority is | ||
public information, both as to amount and any restrictions placed | ||
by the donor on its expenditure. (Acts 44th Leg., 1st C.S., Ch. | ||
427, Sec. 4.03.) | ||
Sec. 8511.0702. POWER TO APPLY FOR MONEY FOR ENGINEERING | ||
SURVEYS, INFORMATION COMPILATION AND COLLECTION, AND OTHER | ||
PURPOSES. (a) The authority may apply to any person, including | ||
this state and the United States, for money necessary to: | ||
(1) secure engineering surveys and the compilation and | ||
collection of information relating to regional and general | ||
conditions entering into and influencing the character and extent | ||
of the improvements necessary to accomplish the storage, control, | ||
transportation, treatment, conservation, and equitable | ||
distribution to the greatest public advantage of the floodwater, | ||
normal flow water, and storm water that is stored and controlled; or | ||
(2) accomplish or carry out any purpose of this | ||
chapter. | ||
(b) The authority: | ||
(1) shall request an amount it considers sufficient; | ||
(2) may make the necessary agreements with the party | ||
providing the money; and | ||
(3) may appropriate the amount of the estimated | ||
equitable contribution of the costs of developing essential | ||
engineering information. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. | ||
4.04.) | ||
Sec. 8511.0703. POWER TO ISSUE BONDS. (a) For the purpose | ||
of carrying out any power conferred by this chapter, including | ||
preparation of the master plan and payment of engineering and | ||
related expenses, the authority may issue bonds in three general | ||
classes: | ||
(1) bonds secured by ad valorem taxes; | ||
(2) bonds secured by a pledge of all or part of the | ||
revenue accruing to the authority from any source other than ad | ||
valorem taxes, including the revenue received from: | ||
(A) the sale of water or other products; | ||
(B) the rendition of services; | ||
(C) tolls; and | ||
(D) charges; and | ||
(3) bonds secured by a combination pledge of: | ||
(A) taxes; and | ||
(B) all or part of the revenue described by | ||
Subdivision (2). | ||
(b) The bonds must be authorized by a board resolution. | ||
(Acts 44th Leg., 1st C.S., Ch. 427, Secs. 5.01(a), (b) (part).) | ||
Sec. 8511.0704. FORM OF BONDS. Authority bonds must be: | ||
(1) in the form the board prescribes; | ||
(2) issued in the authority's name; | ||
(3) signed by the president or a vice president; and | ||
(4) attested by the secretary. (Acts 44th Leg., 1st | ||
C.S., Ch. 427, Sec. 5.01(b) (part).) | ||
Sec. 8511.0705. MATURITY. Authority bonds must mature not | ||
later than 50 years after the date of their issuance. (Acts 44th | ||
Leg., 1st C.S., Ch. 427, Sec. 5.01(b) (part).) | ||
Sec. 8511.0706. ELECTION FOR BONDS PAYABLE FROM AD VALOREM | ||
TAXES. (a) Authority bonds, other than refunding bonds, payable | ||
wholly or partly from ad valorem taxes may not be issued unless | ||
authorized by an election at which a majority of the votes cast | ||
favor the bond issuance. The election must be held in accordance | ||
with Section 8511.0602. | ||
(b) The authority may issue bonds not payable wholly or | ||
partly from ad valorem taxes without an election. (Acts 44th Leg., | ||
1st C.S., Ch. 427, Sec. 5.04.) | ||
Sec. 8511.0707. TRUST INDENTURE. Authority bonds may be | ||
further secured by a trust indenture with a corporate trustee. | ||
(Acts 44th Leg., 1st C.S., Ch. 427, Sec. 5.01(b) (part).) | ||
Sec. 8511.0708. ADDITIONAL BONDS. A pledge of revenue may | ||
reserve the right, under conditions specified by the pledge, to | ||
issue additional bonds that will be on a parity with or subordinate | ||
to the bonds then being issued. (Acts 44th Leg., 1st C.S., Ch. 427, | ||
Sec. 5.01(c) (part).) | ||
Sec. 8511.0709. ADDITIONAL PROVISIONS IN RESOLUTION | ||
AUTHORIZING BONDS OR TRUST INDENTURE. (a) The resolution | ||
authorizing the bonds or the trust indenture further securing the | ||
bonds may specify additional provisions that constitute a contract | ||
between the authority and its bondholders. | ||
(b) The board has full discretion in providing for the | ||
additional provisions, including the authority to provide for a | ||
corporate trustee or receiver to take possession of authority | ||
facilities if the authority defaults in fulfilling the covenants | ||
made in the resolution or trust indenture. (Acts 44th Leg., 1st | ||
C.S., Ch. 427, Sec. 5.01(d).) | ||
Sec. 8511.0710. REFUNDING BONDS. (a) The authority may | ||
issue refunding bonds to refund outstanding authority bonds and | ||
interest on the bonds. | ||
(b) Refunding bonds may: | ||
(1) be issued to refund bonds of one or more series; | ||
(2) combine the pledges for the outstanding bonds for | ||
the security of the refunding bonds; or | ||
(3) be secured by a pledge of other or additional | ||
revenue. | ||
(c) The provisions of this subchapter regarding the | ||
issuance of other bonds, their security, and the remedies of the | ||
holders apply to refunding bonds. | ||
(d) The comptroller shall register the refunding bonds on | ||
surrender and cancellation of the bonds to be refunded. | ||
(e) Instead of issuing bonds to be registered on the | ||
surrender and cancellation of the bonds to be refunded, the | ||
authority, in the resolution authorizing the issuance of the | ||
refunding bonds, may provide for the sale of the refunding bonds and | ||
the deposit of the proceeds in a bank at which the bonds to be | ||
refunded are payable. In that case, the refunding bonds may be | ||
issued in an amount sufficient to pay the principal of and interest | ||
on the bonds to be refunded to their option date or maturity date, | ||
and the comptroller shall register the refunding bonds without the | ||
concurrent surrender and cancellation of the bonds to be refunded. | ||
(Acts 44th Leg., 1st C.S., Ch. 427, Sec. 5.02.) | ||
SECTION 1.04. WATER CONTROL AND IMPROVEMENT DISTRICT. | ||
Subtitle I, Title 6, Special District Local Laws Code, is amended by | ||
adding Chapter 9088 to read as follows: | ||
CHAPTER 9088. CALHOUN COUNTY WATER CONTROL AND IMPROVEMENT | ||
DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9088.0101. DEFINITIONS | ||
Sec. 9088.0102. NATURE AND PURPOSE OF DISTRICT | ||
Sec. 9088.0103. FINDINGS OF PURPOSE AND BENEFIT | ||
Sec. 9088.0104. DISTRICT TERRITORY | ||
SUBCHAPTER B. POWERS AND DUTIES | ||
Sec. 9088.0201. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS | ||
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9088.0301. TAX METHOD | ||
CHAPTER 9088. CALHOUN COUNTY WATER CONTROL AND IMPROVEMENT | ||
DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9088.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "District" means the Calhoun County Water Control | ||
and Improvement District No. 1 in Calhoun County. (Acts 56th Leg., | ||
R.S., Ch. 472, Sec. 1 (part); Acts 71st Leg., R.S., Ch. 518, Sec. 1; | ||
New.) | ||
Sec. 9088.0102. NATURE AND PURPOSE OF DISTRICT. (a) The | ||
district is: | ||
(1) a conservation and reclamation district under | ||
Section 59, Article XVI, Texas Constitution; | ||
(2) a water control and improvement district; and | ||
(3) a municipal corporation. | ||
(b) The district's sole purpose is reclaiming and draining | ||
the district's overflowed land and other land needing drainage. | ||
(Acts 56th Leg., R.S., Ch. 472, Secs. 1 (part), 4 (part).) | ||
Sec. 9088.0103. FINDINGS OF PURPOSE AND BENEFIT. (a) The | ||
district is essential to the accomplishment of the purposes of | ||
Section 59, Article XVI, Texas Constitution. | ||
(b) All land and other property in the district benefit from | ||
the district and improvements and facilities the district | ||
constructs and acquires. (Acts 56th Leg., R.S., Ch. 472, Secs. 3 | ||
(part), 4 (part).) | ||
Sec. 9088.0104. DISTRICT TERRITORY. The district has the | ||
area and boundaries described by the board's order adopted on March | ||
23, 1959, as that area and those boundaries may have been modified | ||
under: | ||
(1) Subchapter J, Chapter 49, Water Code; | ||
(2) Subchapter O, Chapter 51, Water Code; or | ||
(3) other law. (Acts 56th Leg., R.S., Ch. 472, Sec. 1 | ||
(part); New.) | ||
SUBCHAPTER B. POWERS AND DUTIES | ||
Sec. 9088.0201. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS. To accomplish the sole purpose of reclaiming and draining | ||
the district's overflowed land and other land needing drainage, the | ||
district has all of the rights, powers, privileges, and duties | ||
provided by general law applicable to a water control and | ||
improvement district created under Section 59, Article XVI, Texas | ||
Constitution, including Chapters 49 and 51, Water Code. (Acts 56th | ||
Leg., R.S., Ch. 472, Sec. 1 (part); New.) | ||
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9088.0301. TAX METHOD. (a) The district shall use the | ||
ad valorem basis or plan of taxation. | ||
(b) The board is not required to hold a hearing on the | ||
adoption of a plan of taxation. (Acts 56th Leg., R.S., Ch. 472, | ||
Sec. 3 (part).) | ||
ARTICLE 2. CONFORMING AMENDMENT | ||
SECTION 2.01. NUECES RIVER AUTHORITY. Section 2.02(a), | ||
Chapter 427, Acts of the 44th Legislature, 1st Called Session, | ||
1935, is amended to read as follows: | ||
(a) The Nueces River Authority [ |
||
counties which lie wholly within the Nueces River Basin, all of San | ||
Patricio, Nueces, and Jim Wells counties, and generally the | ||
in-basin parts of other counties, except Webb County, which lie | ||
partially within the basin. The actual boundaries of the area | ||
within the authority may be described by metes and bounds as | ||
follows: Beginning at a point in the boundary of the State of Texas | ||
offshore of the City of Port Aransas at the Northeast corner of | ||
Nueces County and the most southerly Southeast corner of Aransas | ||
County; thence along the common line between Nueces County and | ||
Aransas County in a westerly and then northerly direction to a point | ||
in the center of the Intracoastal Canal cutoff between Rockport and | ||
Aransas Pass, Texas; thence southerly along the centerline of the | ||
said Intracoastal Canal to its point of intersection with an | ||
extension of the boundary line between Aransas County and San | ||
Patricio County for the northernmost Southeast corner of San | ||
Patricio County and the Southwest corner of Aransas County for an | ||
angle point; thence along the common line between San Patricio | ||
County and Aransas County in a northwesterly direction | ||
approximately 14 miles to a point on the Aransas River on the South | ||
line of Refugio County for the Northeast corner of San Patricio | ||
County and the West corner of Aransas County; thence along the | ||
Aransas River and the common line between Refugio County and San | ||
Patricio County in a west-northwesterly direction approximately 19 | ||
miles to a point on the Southeast line of Bee County for the | ||
Southwest corner of Refugio County; thence along the common line | ||
between Bee County and San Patricio County in a southwesterly | ||
direction approximately 3 miles to a point for the Southeast corner | ||
of Bee County; thence along the common line between Bee County and | ||
San Patricio County in a west-northwesterly direction | ||
approximately 16 miles to the common corner of Live Oak, Bee, and | ||
San Patricio Counties; thence in a northwesterly direction with the | ||
line between Live Oak and Bee Counties approximately 14 miles; | ||
thence N. approximately 25 miles to the most northern corner of Bee | ||
County; thence N. 40° W. at approximately 19 1/2 miles the | ||
Karnes-Wilson Counties line, at about 31 miles a point in the S.W. | ||
line of Bexar County; thence approximately North 77 1/2° W. | ||
approximately 28 miles, to the S.W. corner of Bexar County; thence | ||
N.W. along the northwest extension of the common boundary between | ||
Bexar and Atascosa Counties 3 1/2 miles to a point; thence N. 30° W. | ||
approximately 28 miles to a point in the North line of Medina | ||
County; then North 64° W. approximately 34 miles to a point in the | ||
west line of Bandera County; thence North approximately 3 miles to | ||
the northwest corner of Bandera County; thence West with the line of | ||
Real and Kerr Counties approximately 5 miles to S.W. corner of Kerr | ||
County; thence North with the line between Kerr and Real Counties | ||
approximately 13 miles to the N.E. corner of Real County; thence | ||
West, North and West, with the north line of Real County, | ||
approximately 18 miles to the Northwest corner of Real County; | ||
thence South 75° west approximately 15 miles to the Court House in | ||
Rock Springs in Edwards County; thence N. 68° W. approximately 15 | ||
miles to a point; thence S. 34° W. approximately 19 miles to a point; | ||
thence S. 35° E. at 21 miles pass a point in the South line of | ||
Edwards County, 34 miles to a point; thence S. 23 1/2° W. | ||
approximately 14 miles to a point; thence S. approximately 8 miles | ||
to Spofford Junction; thence South with the Eagle Pass branch of G. | ||
H. & S. A. R. R. at 15 miles a point; thence South 12 miles to a | ||
point; thence S. 41 1/2° E. 42 miles to the village of Dentonia in | ||
Dimmit County; thence S. 27 1/2 d. E. approximately 10 miles to the | ||
Dimmit and Webb Counties line; thence E. with said Dimmit-Webb | ||
County line approximately 25 miles to the west line of La Salle | ||
County; thence South with west line of La Salle County | ||
approximately 5 miles to the S.W. corner of La Salle County, a | ||
common corner with Webb County; thence E. with the Webb-La Salle | ||
County line approximately 30 miles to the N.E. corner of Webb | ||
County, the common corner of Webb, La Salle, McMullen and Duval | ||
Counties; thence S. with the Webb-Duval County line approximately | ||
27 miles to a point in the E. line of Webb County; thence N. 35 d. E. | ||
33 miles to a point on the 28 d. North Parallel; thence East along | ||
the 28 degrees North Parallel approximately 17 miles to a point on | ||
the East line of Duval County and the West line of Jim Wells County | ||
for an interior corner; thence along the common line between Duval | ||
County and Jim Wells County, South approximately 55 miles to a point | ||
on the North line of Brooks County for the Southwest corner of Jim | ||
Wells County and the Southeast corner of Duval County; thence along | ||
the common line between Jim Wells County and Brooks County, East | ||
approximately 11 miles to a point for the northernmost Southwest | ||
corner of Kleberg County and the southernmost Southeast corner of | ||
Jim Wells County; thence along the common line between Jim Wells | ||
County and Kleberg County, North approximately 25.5 miles to the | ||
Northwest corner of Kleberg County and an interior corner of Jim | ||
Wells County; thence along the common line between Jim Wells County | ||
and Kleberg County, East approximately 7.25 miles to a point in the | ||
center of San Fernando Creek for the northernmost Southeast corner | ||
of Jim Wells County and the northernmost Southwest corner of Nueces | ||
County; thence along the centerline of San Fernando Creek and along | ||
the common line between Kleberg County and Nueces County in a | ||
southeasterly direction approximately 9 miles to a point for the | ||
southernmost Southwest corner of Nueces County; thence along the | ||
common line between Kleberg County and Nueces County, East | ||
approximately 32 miles to a point on the shoreline of Laguna Madre | ||
for an angle point; thence along the common line between Kleberg | ||
County and Nueces County in an east-northeasterly direction across | ||
Laguna Madre approximately 5.25 miles to a point on the Northwest | ||
line of Padre Island for an angle point; thence along the common | ||
line between Kleberg County and Nueces County in a southeasterly | ||
direction to a point on the boundary of the State of Texas in the | ||
Gulf of Mexico off North Padre Island at the Northeast corner of | ||
Kleberg County and the Southeast corner of Nueces County; thence | ||
along the boundary of the State of Texas in the Gulf of Mexico and | ||
along the Southeast line of Nueces County in a northeasterly | ||
direction to the point of beginning; being all of Live Oak County, | ||
1116 square miles, McMullen County 1302 square miles, La Salle | ||
County 1561 square miles, Frio County 1124 square miles, Zavala | ||
County 1348 square miles, Atascosa County, 1358 square miles, Real | ||
County 619 square miles, Uvalde County 1589 square miles, San | ||
Patricio County 680 square miles, Nueces County 838 square miles, | ||
and Jim Wells County 846 square miles, and parts of the following | ||
Counties with the number of square miles included in the authority: | ||
Duval378 square miles. | ||
Dimmit1200 square miles. | ||
Maverick574 square miles. | ||
Kinney602 square miles. | ||
Medina1113 square miles. | ||
Bandera224 square miles. | ||
Edwards922 square miles. | ||
Bexar84 square miles. | ||
Wilson98 square miles. | ||
Karnes85 square miles. | ||
Bee135 square miles. | ||
ARTICLE 3. REPEALERS | ||
SECTION 3.01. DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. | ||
1 OF DENTON AND DALLAS COUNTIES, TEXAS. The following statutes are | ||
repealed: | ||
(1) Chapter 473, Acts of the 69th Legislature, Regular | ||
Session, 1985; and | ||
(2) Section 6, Chapter 962, Acts of the 80th | ||
Legislature, Regular Session, 2007. | ||
SECTION 3.02. SEBASTIAN MUNICIPAL UTILITY DISTRICT. | ||
Chapter 516, Acts of the 75th Legislature, Regular Session, 1997, | ||
is repealed. | ||
SECTION 3.03. RED RIVER AUTHORITY OF TEXAS. The following | ||
statutes are repealed: | ||
(1) Chapter 279, Acts of the 56th Legislature, Regular | ||
Session, 1959; | ||
(2) Section 3, Chapter 504 Acts of the 57th | ||
Legislature, Regular Session, 1961; | ||
(3) Section 2, Chapter 570, Acts of the 60th | ||
Legislature, Regular Session, 1967; | ||
(4) Section 2, Chapter 217, Acts of the 64th | ||
Legislature, Regular Session, 1975; | ||
(5) Section 3, Chapter 529, Acts of the 65th | ||
Legislature, Regular Session, 1977; | ||
(6) Section 4, Chapter 86, Acts of the 67th | ||
Legislature, Regular Session, 1981; | ||
(7) Section 3, Chapter 870, Acts of the 67th | ||
Legislature, Regular Session, 1981; | ||
(8) Section 5, Chapter 696, Acts of the 68th | ||
Legislature, Regular Session, 1983; and | ||
(9) Sections 12 and 14, Chapter 23, Acts of the 86th | ||
Legislature, Regular Session, 2019. | ||
SECTION 3.04. NUECES RIVER AUTHORITY. The following | ||
statutes are repealed: | ||
(1) Sections 1.01, 1.02, 1.02A, 1.03, 2.01, 2.02(b) | ||
and (c), 2.03, 2.03A, 2.04, 2.05, 2.06, 2.06A, 2.07, 2.08, 2.08A, | ||
2.09, 2.10, 2.11, 2.12, 3.01, 3.02, 3.03, 3.04, 3.05, 3.06, 3.07, | ||
3.08, 3.09, 3.10, 3.11, 3.12, 3.13, 3.14, 3.15, 3.16, 3.17, 3.18, | ||
3.18A, 3.19, 3.20, 3.21, 3.22, 3.22A, 3.23, 3.24, 3.25, 3.26, 3.27, | ||
3.28, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07, 4.08, 4.09, 5.01, | ||
5.02, 5.04, 5.05, 5.06, 5.07, 5.08, 5.09, and 5.10, Chapter 427, | ||
Acts of the 44th Legislature, 1st Called Session, 1935; | ||
(2) Sections 2, 3, 4, 5, 6, and 7, Chapter 699, Acts of | ||
the 64th Legislature, Regular Session, 1975; | ||
(3) Section 3, Chapter 665, Acts of the 69th | ||
Legislature, Regular Session, 1985; and | ||
(4) Sections 16 and 18, Chapter 21, Acts of the 86th | ||
Legislature, Regular Session, 2019. | ||
SECTION 3.05. CALHOUN COUNTY WATER CONTROL AND IMPROVEMENT | ||
DISTRICT NO. 1. The following statutes are repealed: | ||
(1) Chapter 472, Acts of the 56th Legislature, Regular | ||
Session, 1959; and | ||
(2) Chapter 518, Acts of the 71st Legislature, Regular | ||
Session, 1989. | ||
ARTICLE 4. GENERAL MATTERS | ||
SECTION 4.01. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE. | ||
This Act is enacted under Section 43, Article III, Texas | ||
Constitution. This Act is intended as a codification only, and no | ||
substantive change in law is intended by this Act. This Act does | ||
not increase or decrease the territory of any special district of | ||
the state as those boundaries exist on the effective date of this | ||
Act. | ||
SECTION 4.02. PRESERVATION OF VALIDATION MADE BY PREVIOUS | ||
LAW. (a) The repeal of a law, including a validating law, by this | ||
Act does not remove, void, or otherwise affect in any manner a | ||
validation under the repealed law. The validation is preserved and | ||
continues to have the same effect that it would have if the law were | ||
not repealed. | ||
(b) Subsection (a) of this section does not diminish the | ||
saving provisions prescribed by Section 311.031, Government Code. | ||
SECTION 4.03. EFFECTIVE DATE. This Act takes effect April | ||
1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3530 was passed by the House on April | ||
30, 2021, by the following vote: Yeas 139, Nays 2, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3530 was passed by the Senate on May | ||
27, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |