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A BILL TO BE ENTITLED
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AN ACT
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relating to the Gulf Coast Water Authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3, Chapter 712, Acts of the 59th |
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Legislature, Regular Session, 1965, is amended to read as follows: |
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Sec. 3. Except as expressly limited by this Act, the |
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District shall have and exercise and is hereby vested with all |
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rights, powers, privileges, and authority conferred by the General |
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Laws of this State now in force or hereafter enacted applicable to |
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municipal utility districts created under authority of Section 59 |
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of Article XVI, Constitution of Texas including without limitation |
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those conferred by Chapter 54, Water Code, as amended, but to the |
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extent that the provisions of such General Laws may be in conflict |
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or inconsistent with the provisions of this Act, the provisions of |
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this Act shall prevail. All such General Laws are hereby adopted and |
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incorporated by reference with the same effect as if incorporated |
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in full in this Act. Without in any way limiting the generalization |
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of the foregoing, it is expressly provided that the District shall |
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have, and is hereby authorized to exercise, the following rights, |
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powers, privileges and functions: |
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(a) the power to make, construct, or otherwise acquire |
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improvements either within or without the boundaries thereof |
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necessary to carry out the powers and authority granted by this Act |
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and said General Laws, except that the District may not [and to] |
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exercise the power of eminent domain for such purposes and [;
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provided, however, that the District] shall not have the power of |
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eminent domain as to all or any part of the water supply, property, |
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works or facilities of any private person or persons, or of any |
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private or public corporation or association engaged in the |
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business of supplying water in Galveston County, Texas, to any |
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class of consumers for any use upon the effective date of this Act[,
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but this provision shall not restrict the power of the District to
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acquire necessary crossing easements and rights-of-way]; |
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(b) to conserve, store, transport, treat and purify, |
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distribute, sell and deliver water, both surface and underground, |
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to persons, corporations, both public and private, political |
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subdivisions of the State and others, and to purchase, construct or |
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lease all property, works and facilities, both within and without |
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the District, necessary or useful for such purposes; |
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(c) to acquire water supplies from sources both within or |
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without the boundaries of the District and to sell, transport and |
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deliver water to customers situated within or without the District |
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and to acquire all properties and facilities necessary or useful |
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for such purposes, and for any or all of such purposes to enter into |
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contracts with persons, corporations, both public and private, and |
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political subdivisions of the State for such periods of time and on |
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such terms and conditions as the Board of Directors may deem |
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desirable; |
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(d) subject to the provisions of this Act, to sell, lease, |
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or exchange any property of any kind, or any interest therein, which |
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is not necessary to the carrying on of the business of the District |
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or the sale, lease, or exchange of which, in the judgment of the |
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Board of Directors, is necessary for the exercise of the powers, |
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rights, privileges, and functions conferred upon the District by |
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this Act or by Chapter 54, Water Code, as amended; |
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(e) subject to the provisions of this Act, to acquire by |
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purchase, lease, gift, or otherwise, and to maintain, use, and |
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operate any and all property of any kind, or any interest therein, |
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within or without the boundaries of the District, necessary to the |
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exercise of the powers, rights, privileges, and functions conferred |
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by this Act or by Chapter 54, Water Code, as amended; |
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(f) to construct, extend, improve, maintain, and |
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reconstruct, to cause to be constructed, extended, improved, |
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maintained, and reconstructed, and to use and operate, any and all |
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facilities of any kind necessary to the exercise of such powers, |
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rights, privileges, and functions; |
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(g) to sue and be sued in its corporate name; |
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(h) to adopt, use, and alter a corporate seal; |
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(i) to invest and reinvest its funds; |
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(j) to make bylaws for management and regulation of its |
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affairs; |
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(k) to appoint officers, agents, and employees, to |
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prescribe their duties and fix their compensation; |
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(l) to make contracts and to execute instruments necessary |
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to the exercise of the powers, rights, privileges, and functions |
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conferred by this Act or Chapter 54, Water Code, as amended, for |
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such term and with such provisions as the Board of Directors may |
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determine to be in the best interests of the District, including, |
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without in any way limiting the generality of the foregoing, |
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contracts with persons including the State of Texas, the United |
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States of America and any corporation or agency thereof and |
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districts, cities, towns, persons, organizations, firms, |
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corporations or other entities as the Board of Directors may deem |
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necessary or proper for or in connection with any of its corporate |
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purposes; |
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(m) to borrow money for its corporate purposes and, without |
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limiting the generality of the foregoing, to borrow money and |
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accept grants from persons, including the State of Texas, the |
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United States of America, or from any corporation, agency, or |
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entity created or designated by the State of Texas or the United |
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States of America, and in connection with any such loan or grant, to |
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enter into such agreements as the State of Texas, the United States |
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of America, or any such corporation, agency, or entity may require; |
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and to make and issue its negotiable bonds or notes for money |
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borrowed, in the manner and to the extent provided in this Act, and |
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to refund or refinance any outstanding bonds or notes and to make |
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and issue its negotiable bonds or notes therefor in the manner |
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provided in this Act. |
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SECTION 2. Sections 5 and 5(a), Chapter 712, Acts of the |
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59th Legislature, Regular Session, 1965, are amended to read as |
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follows: |
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Sec. 5. The management and control of the District is hereby |
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vested in a Board of nine [seven (7)] directors. The seven |
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directors appointed by the Commissioners Court of Galveston County |
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shall represent the geographic and ethnic diversity of the county. |
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Vacancies on the Board of Directors, whether by death, resignation |
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or termination of the term of office, shall be filled by appointment |
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by the commissioners court that appointed the director |
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[Commissioners Court of Galveston County]. All terms of office |
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shall be for a period of two (2) years. Terms shall be staggered [so
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that the terms of three (3) directors expire one year and the terms
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of four (4) directors expire the next year]. Three (3) of the |
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members appointed by the Commissioners Court of Galveston County |
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shall be registered professional engineers under the laws of Texas. |
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Sec. 5(a). One (1) director of the District shall be |
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appointed by the Commissioners Court of Galveston County upon the |
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recommendation of the City Council of the City of Galveston. Six of |
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the remaining [The remaining six (6)] directors shall be appointed |
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by the Commissioners Court of Galveston County with two directors |
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appointed at-large and the remaining four of those directors |
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appointed on the written recommendation of advisory committees |
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appointed by the Board of Directors of the Gulf Coast Water |
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Authority. Two of those directors shall be recommended by the |
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Mainland Municipal Advisory Committee and two of those directors |
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shall be recommended by the Industrial Advisory Committee. The |
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Commissioners Court of Galveston County is entitled to accept or |
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reject the recommendations made to the court by the advisory |
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committees. If a recommendation made by an advisory committee is |
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rejected, the advisory committee shall submit additional |
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recommendations to the court. |
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The Industrial Advisory Committee is composed of one |
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representative of each industrial customer of the Gulf Coast Water |
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Authority. The Mainland Municipal Advisory Committee is composed |
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of one representative of each municipal or water district customer |
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of the Gulf Coast Water Authority that contracts for [uses] not less |
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than 2 million gallons of water a day. The names of the |
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representatives of each of the committees shall be submitted to the |
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Board of Directors of the Gulf Coast Water Authority by the |
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respective industrial and municipal or water district customers. |
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The directors of the Gulf Coast Water Authority shall submit the |
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names of the advisory committee members to the Commissioners Court |
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of Galveston County, which shall record the names in the minutes of |
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the court. |
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One director shall be appointed by the Commissioners Court of |
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Fort Bend County to represent District customers in that county. |
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The director must be recommended by one or more of those customers |
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and reside in that county. |
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One director shall be appointed by the Commissioners Court of |
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Brazoria County to represent District customers in that county. |
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The director must be recommended by one or more of those customers |
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and reside in that county. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor has submitted the notice and Act to the |
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Texas Commission on Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect September 1, 2011. |