Bill Text: TX SB1834 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the powers and duties of the Gulf Coast Waste Disposal Authority.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (N/A - Dead) 2013-04-10 - No action taken in committee [SB1834 Detail]
Download: Texas-2013-SB1834-Introduced.html
83R9041 SLB-F | ||
By: Ellis | S.B. No. 1834 |
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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 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(a), Chapter 409, Acts of the 61st | ||
Legislature, Regular Session, 1969, is amended 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. | ||
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. Section 3.23(l), Chapter 409, Acts of the 61st | ||
Legislature, Regular Session, 1969, is amended to read as follows: | ||
(l)(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 8. 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. |