Bill Text: TX HB3871 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the powers and duties of the Gulf Coast Waste Disposal Authority.

Sponsorship: Bipartisan Bill

Status: (Passed) 2013-06-14 - Effective immediately [HB3871 Detail]

Download: Texas-2013-HB3871-Enrolled.html

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H.B. No. 3871

AN ACT
relating to the powers and duties of the Gulf Coast Waste Disposal
Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.01, Chapter 409, Acts of the 61st
Legislature, Regular Session, 1969, is amended to read as follows:
Sec. 1.01. PURPOSE. The purpose of this Act is to establish
an instrumentality for developing and effectuating for Chambers,
Galveston, and Harris Counties a regional water quality management
program including provision of waste disposal and water systems and
regulation of disposal of wastes.
SECTION 2. Section 1.03(a), Chapter 409, Acts of the 61st
Legislature, Regular Session, 1969, is amended by adding
Subdivision (23) to read as follows:
(23) "Water system" means a system of pipelines,
conduits, canals, pumping stations, force mains, plants, storage,
or other facilities used for the treatment, collection, or
distribution of water.
SECTION 3. Section 3.01(e), Chapter 409, Acts of the 61st
Legislature, Regular Session, 1969, is amended to read as follows:
(e) Subject only to the authority vested by general law, and
particularly Chapters 11, 13, and [Chapter] 26, Water Code, in the
commission, the authority is empowered to provide water systems and
to control water pollution and waste disposal within the district.
SECTION 4. The heading to Section 3.14, Chapter 409, Acts of
the 61st Legislature, Regular Session, 1969, is amended to read as
follows:
Sec. 3.14. ACQUISITION, CONSTRUCTION, AND OPERATION OF
WATER OR DISPOSAL SYSTEMS.
SECTION 5. Section 3.14, Chapter 409, Acts of the 61st
Legislature, Regular Session, 1969, is amended by amending
Subsection (a) and adding Subsection (c) to read as follows:
(a) The authority:
(1) may acquire and provide by purchase, gift or lease
any water or disposal systems within or outside the district;
(2) may construct and provide water or disposal
systems within or outside the district;
(3) may operate and sell any water or disposal systems
that it constructs or acquires;
(4) may contract with any person to operate and
maintain, within or outside the district, any water or disposal
system belonging to the person; and
(5) may contract with any person to train or supervise
employees of a water or disposal system within or outside the
district.
(c) In taking an action under this section, the authority
shall comply with the requirements of Section 3.16A.
SECTION 6. Section 3.16, Chapter 409, Acts of the 61st
Legislature, Regular Session, 1969, is amended to read as follows:
Sec. 3.16. SALE OF WATER AND BY-PRODUCTS. The authority may
store and sell water that it collects under Section 3.14 or 3.15 of
this Act, and may furnish water of a specified quality. It also may
store and sell any by-product from its operations.
SECTION 7. Chapter 409, Acts of the 61st Legislature,
Regular Session, 1969, is amended by adding Section 3.16A to read as
follows:
Sec. 3.16A. LIMITATION ON SERVICE AREA. The authority must
obtain the consent of the director of public works of the City of
Houston for the acquisition, construction, or operation of a water
system that distributes raw or treated water within Austin,
Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty,
Montgomery, or Waller County, other than a water system that
distributes effluent, reclaimed water, reuse water, or treated
wastewater produced from a waste treatment facility.
SECTION 8. Section 3.23(l), Chapter 409, Acts of the 61st
Legislature, Regular Session, 1969, is amended to read as follows:
(l) Subject to Section 3.16A:
(i) The authority and all persons are authorized to
enter into contracts with respect to any waste and any waste
disposal or treatment facilities, water system facilities, and any
other facilities described in this Subsection (l) or any other part
of this Act, and the authority is authorized to execute all
appropriate documents and instruments in connection therewith; and
the authority is authorized to issue bonds with respect to any of
its powers, including those powers granted in this Subsection (l),
and also for the purpose of providing or funding any debt service
reserve fund or other special reserve, contingency, or other fund
in connection with bonds, and/or also for the purpose of providing
funds to operate any facilities for a period not to exceed three
years after completion and to maintain any facilities, and/or to
provide funds to pay interest on bonds during such period as is
determined by the authority; and
(ii) The authority may exercise the powers, duties,
and authority defined in the Regional Waste Disposal Act (Chapter
30, Vernon's Texas Water Code), and all of the provisions of the
Regional Waste Disposal Act, as it now exists and as it hereafter
may be amended, are applicable to the authority, except to the
extent of any conflict with this Act, in which case this Act shall
prevail over the provisions of the Regional Waste Disposal Act; and
the authority may exercise the same rights, powers, and authority
with respect to the control, storage, preservation, transmission,
treatment, and disposition of water and water systems that it may
exercise under this section with regard to waste, waste disposal
systems, and treatment facilities; and
(iii) All persons are authorized to contract with the
authority in any manner authorized by this Act or the Regional Waste
Disposal Act with respect to any facilities described in this
Subsection (l) or any other part of this Act; provided that any
public agency or local government additionally is authorized to
enter into and execute any such contract with the authority and to
determine, agree, and pledge that all or any part of its payments
under such contract shall be payable from the source described in
Subsection (c) of Section 30.030 of the Regional Waste Disposal
Act, subject only to the authorization of such contract, pledge,
and payments by a majority vote of the governing body of such public
agency or local government. All public agencies and local
governments also are authorized to use and pledge any other
available revenues or resources whatsoever for and to the payment
of amounts due under such contracts as an additional source or
sources of payment thereof or as the sole source or sources of
payment thereof and may covenant with respect thereto so as to
assure the availability thereof when required; and
(iv) All public agencies and local governments are
authorized to fix, charge, and collect fees, rates, charges,
rentals, and other amounts for any services or facilities provided
pursuant to or in connection with any contract with the authority
from its inhabitants or from any users or beneficiaries of such
services or facilities, including specifically water charges,
sewage charges, solid waste disposal system fees and charges
(including garbage collection or handling fees), and other fees and
charges and to use and pledge same to make payments to the authority
required under the contract and may covenant to do so in amounts
sufficient to make all or any part of such payments to the authority
when due; and
(v) This Subsection (l) shall be wholly sufficient
authority within itself for the issuance of the bonds, subject to
Subchapter 5 of this Act, the execution of the contracts, and the
performance of the other acts and procedures authorized herein by
the authority and all persons, including specifically public
agencies, without reference to any other provisions of law or any
restrictions or limitations contained therein, except as herein
specifically provided; and in any case, to the extent of any
conflict or inconsistency between any provisions of this subsection
and any other provision of law (including any home-rule city
charter provisions), this subsection shall prevail and control;
provided, however, that the authority and all persons, including
specifically public agencies, shall have the right to use any other
provisions of law not in conflict with the provisions of this
subsection to the extent convenient or necessary to carry out any
power or authority, express or implied, granted by this subsection.
(vi) The authority is expressly made subject to the
continuing supervision of the state by and through the commission
or its successor and Chapter 50, Water Code.
SECTION 9. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3871 was passed by the House on May 8,
2013, by the following vote: Yeas 147, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3871 on May 24, 2013, by the following vote: Yeas 144, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3871 was passed by the Senate, with
amendments, on May 22, 2013, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor