Bill Text: TX SB1198 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the conversion of the Hays Caldwell Public Utility Agency to the Alliance Regional Water Authority; providing authority to issue bonds; granting the power of eminent domain; providing authority to impose fees.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Enrolled - Dead) 2017-06-15 - Effective immediately [SB1198 Detail]
Download: Texas-2017-SB1198-Enrolled.html
S.B. No. 1198 |
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relating to the conversion of the Hays Caldwell Public Utility | ||
Agency to the Alliance Regional Water Authority; providing | ||
authority to issue bonds; granting the power of eminent domain; | ||
providing authority to impose fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. (a) The Hays Caldwell Public Utility Agency is | ||
converted to a conservation and reclamation district to be known as | ||
the Alliance Regional Water Authority located in Bexar, Caldwell, | ||
Comal, Guadalupe, and Hays Counties. | ||
(b) The Alliance Regional Water Authority is not required to | ||
hold an election to confirm the creation of the authority. | ||
SECTION 2. Subtitle X, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 11010 to read as follows: | ||
CHAPTER 11010. ALLIANCE REGIONAL WATER AUTHORITY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 11010.001. DEFINITIONS. In this chapter: | ||
(1) "Authority" means the Alliance Regional Water | ||
Authority. | ||
(2) "Board" means the board of directors of the | ||
authority. | ||
(3) "Director" means a member of the board. | ||
(4) "District" means any district or authority created | ||
under Section 52, Article III, or Section 59, Article XVI, Texas | ||
Constitution, regardless of the manner of creation. | ||
(5) "Local government" means: | ||
(A) a municipality, county, district, or other | ||
political subdivision of this state; | ||
(B) a local government corporation; | ||
(C) a nonprofit corporation created to act on | ||
behalf of a local government; or | ||
(D) a combination of two or more of the entities | ||
described by this subdivision. | ||
(6) "Private entity" includes an individual, | ||
corporation, organization, business trust, estate, trust, | ||
partnership, and association and any other legal entity that is not | ||
a governmental body or agency. | ||
(7) "Sponsor" means: | ||
(A) the City of Kyle; | ||
(B) the City of San Marcos; | ||
(C) the City of Buda; | ||
(D) the Canyon Regional Water Authority; and | ||
(E) any other local government or private entity | ||
added to the authority as a sponsor under Section 11010.005. | ||
(8) "Water" includes: | ||
(A) groundwater, percolating or otherwise, | ||
notwithstanding the quality of the groundwater; | ||
(B) any surface water, naturally or artificially | ||
impounded or in a navigable or nonnavigable watercourse; and | ||
(C) municipal wastewater or industrial | ||
wastewater, including municipal wastewater or industrial | ||
wastewater that has been treated to a quality suitable for reuse for | ||
a beneficial use. | ||
Sec. 11010.002. NATURE OF AUTHORITY. The authority is a | ||
regional water authority in Bexar, Caldwell, Comal, Guadalupe, and | ||
Hays Counties created under and essential to accomplish the | ||
purposes of Section 59, Article XVI, Texas Constitution. | ||
Sec. 11010.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | ||
(a) The authority is created to serve a public use and benefit. | ||
(b) All land and other property included in the territory of | ||
the authority will benefit from the works and projects to be | ||
accomplished by the authority under powers conferred by Section 59, | ||
Article XVI, Texas Constitution, and powers granted under this | ||
chapter. | ||
Sec. 11010.004. AUTHORITY TERRITORY. (a) The authority is | ||
composed of the territory: | ||
(1) of the sponsors, including territory within the | ||
municipal boundaries of a sponsor that is a municipality; | ||
(2) located in the service areas of the sponsors as | ||
provided by the sponsors' respective certificates of convenience | ||
and necessity; and | ||
(3) added to and not excluded from the authority in | ||
accordance with applicable law. | ||
(b) Territory added to the authority may be in a county | ||
other than a county listed in Section 11010.002. | ||
Sec. 11010.005. METHOD OF ADDING SPONSORS. (a) The | ||
governing body of a local government or a private entity, including | ||
a water supply corporation, may petition the board to add that local | ||
government or private entity as a sponsor. | ||
(b) A petition under Subsection (a) must be submitted in the | ||
manner and form required by board rule. | ||
(c) On receipt of a petition under Subsection (a), the board | ||
shall set a hearing on the petition and provide notice of the date, | ||
time, place, and purpose of the hearing to: | ||
(1) the sponsors of the authority; and | ||
(2) the petitioning local government or private | ||
entity. | ||
(d) At the hearing, the board shall determine whether: | ||
(1) the local government or private entity will | ||
benefit from being added to the authority as a sponsor; and | ||
(2) it is in the best interest of the authority to add | ||
the local government or private entity to the authority as a | ||
sponsor. | ||
(e) If, after a hearing on the petition, the board | ||
determines that the local government or private entity should be | ||
added to the authority as a sponsor, the board shall issue an order: | ||
(1) adding the local government or private entity to | ||
the authority; | ||
(2) adding the local government's or private entity's | ||
territory or service area to the territory of the authority; | ||
(3) making the local government's or private entity's | ||
territory or service area subject to the privileges, duties, | ||
assets, and financial obligations of the authority to the same | ||
degree as other sponsors already included in the authority; and | ||
(4) stating the proposed effective date of the order. | ||
(f) An order issued under Subsection (e) takes effect on the | ||
proposed effective date except as otherwise provided by this | ||
section. If the subject of the order is a local government, the | ||
proposed effective date must allow enough time for the local | ||
government to comply with Subsections (g) and (h). | ||
(g) A local government that is the subject of an order | ||
issued under Subsection (e) shall publish notice of the authority's | ||
proposal to add the local government to the authority as a sponsor. | ||
The notice must: | ||
(1) be published in a newspaper of general circulation | ||
in the county in which the local government is located; | ||
(2) be published at least once per week for two | ||
consecutive weeks and with the first publication appearing on or | ||
before the 14th day before the proposed effective date of the order; | ||
(3) state the proposed effective date of the order | ||
adding the local government to the authority as a sponsor; and | ||
(4) include information regarding the right of the | ||
local government's voters to petition the governing body of the | ||
local government to call an election on the question of authorizing | ||
the addition of the local government to the authority as a sponsor | ||
and the method of making the petition. | ||
(h) If the governing body of the local government, before | ||
the proposed effective date of the order, receives a petition | ||
calling for an election on the question of authorizing the addition | ||
of the local government to the authority as a sponsor that is signed | ||
by at least 10 percent of the local government's registered voters, | ||
the governing body shall order a special election on the question. | ||
Section 41.001(a), Election Code, does not apply to an election | ||
ordered under this subsection. | ||
(i) On receipt of a qualifying petition under Subsection | ||
(h), the effective date of the order issued under Subsection (e) is | ||
suspended until after the date of the election and the governing | ||
body of the local government shall notify the board of the petition | ||
and suspension. | ||
(j) If a majority of voters voting in an election held under | ||
this section vote in favor of the addition of the local government | ||
to the authority as a sponsor, the order issued under Subsection (e) | ||
takes effect on the date the result is declared. If a majority of | ||
voters voting in the election vote against the addition of the local | ||
government to the authority as a sponsor, the order issued under | ||
Subsection (e) is ineffective. | ||
Sec. 11010.006. METHOD OF REMOVING SPONSORS. (a) The | ||
governing body of a local government or private entity that is a | ||
sponsor of the authority may petition the board to be removed from | ||
the authority as a sponsor. | ||
(b) A petition under Subsection (a) must be submitted in the | ||
manner and form required by board rule. | ||
(c) After receiving a petition under Subsection (a), the | ||
board shall decide whether the petitioning sponsor should be | ||
removed from the authority as a sponsor and shall by order approve, | ||
conditionally approve, or disapprove the petition. | ||
(d) The board may not approve a petition submitted to the | ||
board under this section if that action would impair or violate or | ||
conflict with the terms of any outstanding bonds, notes, or other | ||
obligations of the authority. | ||
(e) An order issued under Subsection (c) that approves or | ||
conditionally approves a sponsor's petition to be removed from the | ||
authority as a sponsor must address: | ||
(1) all matters related to the removal as determined | ||
by the board, including the removal of the territory of the sponsor | ||
and territory located in the service area of the sponsor as provided | ||
by the sponsor's certificate of convenience and necessity; and | ||
(2) if applicable, any conditions imposed by the board | ||
that the petitioning sponsor must satisfy before the board approves | ||
the petition, which may include: | ||
(A) payment by the petitioning sponsor of all | ||
bonds, notes, or other obligations issued by the authority on | ||
behalf of the sponsor; | ||
(B) payment by the petitioning sponsor of the | ||
sponsor's pro rata share of any bond, note, or other obligation | ||
issued by the authority, other than the bonds, notes, or other | ||
obligations described by Paragraph (A), if the payment is allowed | ||
under the terms of the bond, note, or other obligation; | ||
(C) conditions related to the ownership or | ||
transfer of ownership of real property, facilities, equipment, | ||
personnel, and supplies; and | ||
(D) conditions the authority considers necessary | ||
for the winding up of activities in connection with the removal of | ||
the petitioning sponsor as a sponsor from the authority. | ||
(f) If the board by order conditionally approves a sponsor's | ||
petition under Subsection (c), the petitioning sponsor remains a | ||
sponsor and shall make all payments owed to the authority when due | ||
and shall satisfy all conditions included in the order. The board | ||
shall approve the petition immediately after all required payments | ||
to the authority are received and all conditions included in the | ||
order are satisfied as determined by the board. | ||
(g) The removal of a local government or private entity from | ||
the authority as a sponsor under this section does not prohibit the | ||
local government or private entity from contracting with the | ||
authority for the provision of water supply, wastewater treatment, | ||
or other services provided by the authority. | ||
Sec. 11010.007. REAPPORTIONMENT OF DIRECTORS. After the | ||
addition or removal of a sponsor under this subchapter, the board by | ||
rule shall reapportion the directors of the authority among the | ||
sponsors in accordance with Section 11010.051(c)(2). The board may | ||
increase or decrease the number of directors on the board in | ||
accordance with Section 11010.051(a). | ||
Sec. 11010.008. LIBERAL CONSTRUCTION OF CHAPTER. This | ||
chapter shall be liberally construed to effect its purposes. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 11010.051. DIRECTORS. (a) The authority is governed | ||
by a board of directors consisting of at least 7 and not more than 17 | ||
members. | ||
(b) The board is responsible for the management, operation, | ||
and control of the authority. | ||
(c) The board by rule shall: | ||
(1) establish the number of directors of the | ||
authority; and | ||
(2) apportion the directors for each sponsor based on | ||
the amount of water contracted to be supplied to the sponsor under | ||
the terms of the authority's water supply contract with the | ||
sponsor, subject to Section 11010.053(a). | ||
Sec. 11010.052. ELIGIBILITY TO SERVE AS DIRECTOR. (a) To | ||
be eligible to serve as a director, a person must be: | ||
(1) at least 18 years of age; and | ||
(2) a resident of the territory located in the | ||
authority or an employee of a sponsor. | ||
(b) A director who also serves on the governing body of a | ||
sponsor is not a dual officeholder and is not prohibited by the | ||
common law doctrine of incompatibility from serving on both the | ||
board and the governing body. | ||
(c) Service on the board by a public officeholder is an | ||
additional duty of that person's office. | ||
Sec. 11010.053. APPOINTMENT OF DIRECTORS. (a) Each | ||
sponsor is entitled to appoint at least one director. | ||
(b) Each director must be appointed by the governing body of | ||
a sponsor in accordance with the rules adopted under Section | ||
11010.051 that govern the apportionment of directors among the | ||
sponsors. | ||
(c) Directors must be appointed not earlier than April 1 and | ||
not later than April 30 of each year. | ||
Sec. 11010.054. TERMS OF OFFICE. (a) Directors serve | ||
staggered three-year terms, with one-third or as near as possible | ||
to one-third of the members' terms expiring April 30 of each year. | ||
(b) A director's term begins on May 1 of the year the | ||
director is appointed. | ||
(c) A director may not serve more than five consecutive | ||
terms as a director. | ||
Sec. 11010.055. REMOVAL OF DIRECTOR. A sponsor that | ||
appoints a director may remove the director from office at any time, | ||
with or without cause. | ||
Sec. 11010.056. BOARD VACANCY. If there is a vacancy on the | ||
board, the governing body of the sponsor that appointed the | ||
director who vacated the office shall appoint a director to serve | ||
the remainder of the term. | ||
Sec. 11010.057. VOTING AUTHORITY. Each director is | ||
entitled to one vote on any issue before the board. | ||
Sec. 11010.058. OFFICERS. At the first meeting of the board | ||
after May 1 of each year, the board shall elect officers for the | ||
authority, including a chair, vice chair, secretary, and treasurer. | ||
Sec. 11010.059. MEETINGS AND ACTIONS OF BOARD; QUORUM. | ||
(a) The board may meet as many times each year as the board | ||
considers appropriate. | ||
(b) A majority of the membership of the board constitutes a | ||
quorum at a meeting of the board. | ||
(c) A concurrence of a majority of the directors present and | ||
voting is sufficient for transacting any business of the authority | ||
unless other applicable law, or the authority by rule, requires a | ||
concurrence of a greater number of directors for a specific type of | ||
decision. | ||
(d) Directors of the authority are public officials and are | ||
entitled to governmental immunity for their actions in their | ||
capacity as directors and officers of the authority. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 11010.101. GENERAL POWERS AND DUTIES. (a) The | ||
authority may: | ||
(1) acquire, purchase, own, hold, lease, construct, | ||
improve, and maintain a reservoir, groundwater well, or other | ||
source of water supply, including: | ||
(A) groundwater, surface water, and wastewater | ||
reused directly or indirectly; and | ||
(B) aquifer storage and recovery facilities; | ||
(2) acquire, own, construct, operate, repair, | ||
improve, maintain, or extend, inside or outside the authority's | ||
boundaries, water and wastewater works, improvements, facilities, | ||
plants, pipelines, equipment, and appliances for: | ||
(A) the treatment and transportation of water and | ||
wastewater; | ||
(B) the direct or indirect reuse of wastewater; | ||
(C) aquifer storage and recovery projects; and | ||
(D) the provision of wholesale water and | ||
wastewater services to authority customers, municipalities, | ||
districts, water supply corporations, and other persons in this | ||
state; | ||
(3) acquire, purchase, own, hold, lease, and maintain | ||
interests, including capacity rights and other contractual rights, | ||
in sources of water supply, reservoirs, groundwater wells, water | ||
and wastewater systems, treatment works, improvements, facilities, | ||
plants, equipment, appliances, aquifer storage and recovery | ||
projects, and the direct or indirect reuse of wastewater; | ||
(4) finance any purchase or acquisition through a | ||
bond, note, or other obligation under Subchapter E, or through a | ||
lease-purchase agreement; and | ||
(5) sell, lease, convey, or otherwise dispose of any | ||
right, interest, or property the authority considers to be | ||
unnecessary for the efficient operation or maintenance of the | ||
authority's facilities. | ||
(b) In addition to the powers specifically provided by this | ||
chapter, the authority may exercise the powers provided by Section | ||
65.201, Water Code. | ||
Sec. 11010.102. AUTHORITY POLICIES, RULES, AND BYLAWS. The | ||
authority may adopt and enforce policies, rules, and bylaws | ||
reasonably required to implement this chapter, including rules | ||
governing procedures before the board and rules regarding | ||
implementation, enforcement, and any other matters related to the | ||
exercise of the rights, powers, privileges, and functions conferred | ||
on the authority by this chapter for the provision of water and | ||
wastewater service. | ||
Sec. 11010.103. EMINENT DOMAIN. (a) The authority may | ||
exercise the power of eminent domain to acquire a fee simple or | ||
other interest in property if the interest is necessary for the | ||
authority to exercise the rights or authority conferred by this | ||
chapter. | ||
(b) The authority shall exercise the right of eminent domain | ||
in the manner provided by Chapter 21, Property Code. The authority | ||
is not required to give bond for appeal or bond for costs in a | ||
condemnation suit or other suit to which it is a party. | ||
(c) The authority may not use the power of eminent domain | ||
for the condemnation of land for the purpose of acquiring rights to | ||
groundwater or for the purpose of acquiring water or water rights. | ||
Sec. 11010.104. WATER CONSERVATION OR DROUGHT CONTINGENCY | ||
PLANS. The authority by rule may develop, prepare, revise, adopt, | ||
implement, enforce, and manage water conservation or drought | ||
contingency plans for the authority or any portion of the | ||
authority. | ||
Sec. 11010.105. SPONSOR CONVEYANCES AND ACQUISITIONS. | ||
(a) In this section, "utility system" has the meaning assigned by | ||
Section 1502.001, Government Code. | ||
(b) A sponsor may convey a utility system facility or asset | ||
or the sponsor's interest in a utility system facility or asset to | ||
the authority without holding an election to approve the | ||
conveyance. | ||
(c) A sponsor is exempt from the provisions of Chapter 1502, | ||
Government Code, regarding the conveyance, sale, or acquisition of | ||
a utility system, or any related works, improvements, facilities, | ||
plants, equipment, or appliances. | ||
Sec. 11010.106. CONTRACTS. (a) The authority may contract | ||
with any person to carry out a power authorized by this chapter. | ||
(b) A person who enters into a contract with the authority | ||
may pledge to the payment of the contract any source of revenue that | ||
may be available to the person, including ad valorem taxes, if the | ||
person has the authority to impose those taxes. | ||
(c) Payments made under a contract with the authority | ||
constitute an operating expense of the person served under the | ||
contract, unless otherwise prohibited by a previously outstanding | ||
obligation of the person. To the extent a person pledges funds to | ||
the payment of the contract that are to be derived from the person's | ||
own water system, the payments constitute an operating expense of | ||
that system. | ||
Sec. 11010.107. COOPERATIVE CONTRACTS. The authority may | ||
enter into an interlocal contract with a local government under | ||
Chapter 791, Government Code, to carry out a power of the authority. | ||
Sec. 11010.108. RATES AND FEES. (a) The authority shall | ||
establish rates and fees to be assessed against sponsors and | ||
customers of the authority. The rates and fees may be established | ||
by classes of customers, by project, or by area of service. | ||
(b) A sponsor, local government, water supply corporation, | ||
private entity, or other person that contracts with the authority | ||
shall establish, charge, and collect fees, rates, charges, rentals, | ||
and other amounts for any service or facility provided under or in | ||
connection with a contract with the authority and shall pledge | ||
sufficient amounts to make all payments required under the | ||
contract. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 11010.151. AD VALOREM TAXES PROHIBITED. The authority | ||
may not impose an ad valorem tax. | ||
Sec. 11010.152. GIFTS, GRANTS, LOANS, AND OTHER FUNDS. The | ||
authority may apply for, accept, receive, and administer gifts, | ||
grants, loans, and other funds available from any source. | ||
SUBCHAPTER E. BONDS, NOTES, AND OTHER OBLIGATIONS | ||
Sec. 11010.201. REVENUE BONDS, NOTES, AND OTHER | ||
OBLIGATIONS. (a) In addition to bonds, notes, and other | ||
obligations that the authority is authorized to issue under other | ||
law, to accomplish the purposes of the authority, the authority may | ||
issue bonds, notes, or other obligations payable solely from and | ||
secured by all or part of any funds or any revenue from any source or | ||
sources, including: | ||
(1) fees, rates, and other charges the authority | ||
imposes or collects; | ||
(2) the sale of: | ||
(A) water; | ||
(B) water or wastewater services; | ||
(C) water rights or capacity; | ||
(D) water transmission rights, capacity, or | ||
services; | ||
(E) water pumping; | ||
(F) wastewater reused directly or indirectly; | ||
(G) aquifer storage and recovery services; | ||
(H) sewer services; or | ||
(I) any other service or product of the authority | ||
provided inside or outside the boundaries of the authority; | ||
(3) grants or gifts; | ||
(4) the ownership or operation of all or a designated | ||
part of the authority's works, improvements, facilities, plants, or | ||
equipment; and | ||
(5) the proceeds of contracts. | ||
(b) Bonds, notes, or other obligations issued by the | ||
authority may be first or subordinate lien obligations at the | ||
board's discretion. | ||
(c) In connection with any bonds, notes, or other | ||
obligations of the authority, the authority may exercise any power | ||
of an issuer under Chapter 1371, Government Code. | ||
(d) The authority may conduct a public, private, or | ||
negotiated sale of the bonds, notes, or other obligations. | ||
(e) The authority may enter into one or more indentures of | ||
trust to further secure its bonds, notes, or other obligations. | ||
(f) The authority may issue bonds, notes, or other | ||
obligations in more than one series as necessary to carry out the | ||
purposes of this chapter. In issuing bonds, notes, or other | ||
obligations secured by revenue of the authority, the authority may | ||
reserve the right to issue additional bonds, notes, or other | ||
obligations secured by the authority's revenue that are on parity | ||
with or are senior or subordinate to the bonds, notes, or other | ||
obligations issued earlier. | ||
(g) A resolution of the board or a trust indenture securing | ||
the bonds, notes, or other obligations may specify additional | ||
provisions that constitute a contract between the authority and the | ||
authority's bondholders, noteholders, or other obligation holders. | ||
(h) Bonds, notes, or other obligations may be additionally | ||
secured by deed of trust or mortgage on any or all of the | ||
authority's facilities. | ||
(i) The authority provided by this chapter for the | ||
authorization and issuance of bonds, notes, and other obligations | ||
is in addition to, and not in lieu of, the authority otherwise | ||
established under general law and may not be construed as a | ||
limitation on, or a modification of, general law providing for | ||
authorization and issuance of bonds, notes, and other forms of | ||
obligations. Nothing in this chapter may be construed as affecting | ||
any existing contract, bond, note, or other obligation of the | ||
authority or any indenture, covenant, mortgage, or other agreement | ||
relating to them. | ||
Sec. 11010.202. ELECTION NOT REQUIRED. The authority is | ||
not required to hold an election to approve the issuance of revenue | ||
bonds or notes or of other obligations under this subchapter. | ||
Sec. 11010.203. USE OF REVENUE AND GROWTH PROJECTIONS. For | ||
the purposes of attorney general review and approval and in lieu of | ||
any other manner of demonstrating the ability to pay debt service | ||
and satisfy any other pecuniary obligations relating to bonds, | ||
notes, or other obligations, the authority may demonstrate the | ||
authority's ability to satisfy the debt service and those | ||
obligations using accumulated funds of the authority and revenue | ||
and growth projections prepared by a professional utility rate | ||
consultant at the direction of the authority. If the resolution | ||
authorizing the issuance of the bonds, notes, or other obligations | ||
provides that the authority intends to increase rates to the extent | ||
necessary to pay debt service and satisfy any other pecuniary | ||
obligations arising under the bonds, notes, or other obligations, | ||
the revenue projections prepared by a professional utility rate | ||
consultant may include forecast rate increases and accumulated and | ||
available fund balances as determined by the authority. | ||
Sec. 11010.204. REFUNDING BONDS. The authority may issue | ||
refunding bonds, notes, and other obligations to refund any of its | ||
bonds, notes, or other obligations in any manner provided by law, | ||
including Chapter 1207, Government Code. | ||
Sec. 11010.205. BONDS, NOTES, AND OTHER OBLIGATIONS EXEMPT | ||
FROM TAXATION. A bond, note, or other obligation issued under this | ||
chapter, a transaction related to the bond, note, or other | ||
obligation, the interest on the bond, note, or other obligation, | ||
and the profit from the sale of the bond, note, or other obligation | ||
are exempt from taxation by this state or a political subdivision of | ||
this state. | ||
SECTION 3. On the effective date of this Act: | ||
(1) the Alliance Regional Water Authority shall assume | ||
all assets, liabilities, bonds, notes, and other obligations of the | ||
Hays Caldwell Public Utility Agency; | ||
(2) all contracts and written agreements of the Hays | ||
Caldwell Public Utility Agency are assigned to and assumed by the | ||
Alliance Regional Water Authority; and | ||
(3) the Alliance Regional Water Authority may refund | ||
all or a portion of the bonds, notes, or other obligations issued by | ||
the Hays Caldwell Public Utility Agency in any manner provided by | ||
law, including Chapter 1207, Government Code. | ||
SECTION 4. (a) The sponsors of the Alliance Regional Water | ||
Authority shall appoint the initial directors under Section | ||
11010.053, Special District Local Laws Code, as added by this Act, | ||
not earlier than April 1, 2018, and not later than April 30, 2018. | ||
Directors of the Hays Caldwell Public Utility Agency serving on the | ||
effective date of this Act shall serve as the temporary directors of | ||
the Alliance Regional Water Authority until the initial directors | ||
take office on May 1, 2018. | ||
(b) As soon as practicable after the initial directors have | ||
been appointed under Section 11010.053, Special District Local Laws | ||
Code, as added by this Act, the initial directors shall draw lots to | ||
determine which directors serve a one-year term expiring April 30, | ||
2019, which directors serve a two-year term expiring April 30, | ||
2020, and which directors serve a three-year term expiring April | ||
30, 2021. The lots must be split into thirds or as near to thirds as | ||
possible. | ||
(c) This section expires January 1, 2022. | ||
SECTION 5. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this Act are fulfilled | ||
and accomplished. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1198 passed the Senate on | ||
April 18, 2017, by the following vote: Yeas 28, Nays 3; and that | ||
the Senate concurred in House amendment on May 27, 2017, by the | ||
following vote: Yeas 28, Nays 3. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1198 passed the House, with | ||
amendment, on May 24, 2017, by the following vote: Yeas 137, | ||
Nays 9, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |