Bill Text: TX SB1920 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the powers of the Coastal Water Authority; affecting the authority to issue bonds.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [SB1920 Detail]
Download: Texas-2011-SB1920-Enrolled.html
S.B. No. 1920 |
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relating to the powers of the Coastal Water Authority; affecting | ||
the authority to issue bonds. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 601, Acts of the 60th Legislature, | ||
Regular Session, 1967, is amended by adding Section 3E to read as | ||
follows: | ||
Sec. 3E. The Authority may participate in a wetland | ||
mitigation program under Chapter 221, Natural Resources Code. | ||
SECTION 2. Section 4, Chapter 601, Acts of the 60th | ||
Legislature, Regular Session, 1967, is amended by amending | ||
Subsection (b) and adding Subsection (b-1) to read as follows: | ||
(b) The Authority shall have and is hereby authorized, | ||
subject to the provisions contained herein, to exercise the powers, | ||
rights, privileges, and functions of establishing, acquiring, and | ||
extending a park or park system and the Authority shall be | ||
authorized to improve and equip its park or park system in any | ||
manner considered by its board to be appropriate including the | ||
construction, purchase, lease, and other acquisition of such park | ||
facilities as shall be desirable in the full and adequate | ||
development of the park or park system and once established and | ||
improved the Authority shall be authorized from time to time to | ||
improve, repair, extend, operate, and maintain such park or park | ||
system and the park facilities and other improvements situated | ||
thereon and relating thereto. 'Park facilities,' as used herein, | ||
means any and all improvements to, or equipment to be placed in, a | ||
park, which in the judgment of the board is or will be appropriate, | ||
necessary, or useful in the establishment and operation of a park or | ||
park system and which will be used or useful by the public in its | ||
enjoyment and use thereof, including without limitation, roads, | ||
paths, ornaments, public utilities and all types and all lines, | ||
systems, and facilities incident thereto, buildings of every type | ||
(including but not limited to those related to or useful in the | ||
accommodation, lodging, housing, and feeding of the members of the | ||
public who may frequent the park) and amusement equipment and | ||
facilities of all types. 'Park,' as used herein, means any area of | ||
land or interest therein which is now owned or may hereafter be | ||
acquired by the Authority and which is adjacent to the main or | ||
lateral canals of the Authority and which in the judgment of the | ||
board is or will be appropriate, necessary or useful as and which is | ||
or will be dedicated, used, and devoted by the board to use by the | ||
public as a playground or place of rest, resort, recreation, | ||
exercise, sport, pleasure, amusement, or enjoyment, or any area of | ||
land or interest in an area of land to be used primarily as open | ||
space or wetlands or for reforestation or other uses that reduce, | ||
offset, or capture greenhouse gases or other emissions, or provide | ||
mitigation of other environmental impacts, provided that the use of | ||
the area of land or interest in the area of land is in connection | ||
with or useful for an existing or planned Authority project or | ||
facility or for the protection, preservation, conservation, or | ||
restoration of the purity or sanitary condition of water or other | ||
natural resources in this state [ |
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system,' as used herein, means more than one park whether or not | ||
contiguous. | ||
The Authority shall be authorized to acquire property of any | ||
kind, or any interest therein, necessary or convenient to the | ||
exercise of the powers, rights, privileges, and functions conferred | ||
pursuant to this Section 4(b); provided, however, that the | ||
authority shall not acquire such parks and/or park system by the | ||
exercise of eminent domain. | ||
Each park and park system acquired or established under the | ||
provisions hereof shall be under and subject to the control and | ||
management of the board, and the board shall have the continuous | ||
general power to manage and operate the affairs of the same as it | ||
may consider appropriate, including without limitation the power to | ||
employ such personnel for management or policing purposes, or | ||
otherwise, to enter into such contracts and agreements extending | ||
over such periods of time, to provide for the sale, rental, or use | ||
of such products in the park or park system as shall be considered | ||
necessary to the full, complete, proper, and efficient development, | ||
administration, and operation of the park or park system. | ||
The Authority shall have the express general power and | ||
authority to make, grant, accept, and enter into all leases, and all | ||
concession, rental, operating, or other contracts and agreements | ||
covering or relating to any part or all of the land comprising any | ||
park, park system, or park facilities, which the board shall deem | ||
necessary or convenient to carry out any of the purposes and powers | ||
granted hereby, upon such terms and conditions and for such length | ||
or period of time as may be prescribed herein. Any such contract, | ||
lease, or agreement may be entered into with any person, real or | ||
artificial, any corporation, municipal or private, any | ||
governmental agency or bureau, including the United States | ||
government and the State of Texas, agencies and political | ||
subdivisions thereof, and the board may make contracts, leases, and | ||
agreements with any such persons, corporation, or entities for the | ||
acquisition, financing, construction, or operation of any park, | ||
park system, or park facilities or other improvements in or | ||
connected with or incident to any park or park system. | ||
Any and all such contracts, leases, and agreements, to be | ||
effective, shall be authorized by order or resolution of the board, | ||
shall be executed by its president and attested by its secretary, or | ||
it may be executed by such other person or persons as the board may | ||
direct, and the same shall be binding upon the Authority without | ||
reference to any other statute or statutes. | ||
The board shall be expressly authorized to adopt and enforce | ||
such rules and regulations relating to the use, operation, | ||
management, administration, and policing of its park or park system | ||
and related waters controlled by it as it may consider appropriate, | ||
including, without limitation, the zoning or dividing of each park | ||
or park system into such zones or divisions as it may consider | ||
appropriate and in the interest of such park or park system as a | ||
whole, and it may restrict and prescribe the activities that may be | ||
conducted in each such zone or division. | ||
The board shall be authorized to fix, impose, and collect | ||
such fees, tolls, rents, rates, and charges for entry to, or use of, | ||
the park or park system and park facilities controlled by it as it | ||
may deem necessary, with other sources of funds available to it, to | ||
support the acquisition, maintenance, upkeep, repair, improvement, | ||
and operation of such park or park system. | ||
The board is hereby authorized to accept grants, gratuities, | ||
advances, and loans in any form from any source approved by the | ||
board including the United States Government or any agency thereof, | ||
the State of Texas or any agency thereof, any private or public | ||
corporation, and any other person, for the purpose of promoting, | ||
establishing, and accomplishing the objectives and purposes and | ||
powers herein set forth, and to make and enter into such | ||
concessions, agreements, and covenants as the board considers | ||
appropriate in connection therewith. | ||
(b-1) The Authority may contract with a private or public | ||
entity to purchase, sell, or trade credits, offsets, tax credits, | ||
or other similar marketable instruments authorized by state or | ||
federal law and available to the Authority that are attributable to | ||
a wetland mitigation or other environmental mitigation project or | ||
activity of the Authority. The Authority may issue bonds or notes | ||
secured by a pledge of any stream of revenue received from such | ||
projects, activities, or transactions for any authorized purpose of | ||
the Authority. The Authority may contract with any other | ||
governmental entity to issue bonds or notes secured by revenue of | ||
the governmental entity attributable to any wetland mitigation or | ||
other environmental mitigation project, activity, or transaction. | ||
The proceeds of the bonds or notes may be used to fund any | ||
authorized purpose of the Authority or any joint project with the | ||
participating governmental entity. | ||
SECTION 3. (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 4. 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, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1920 passed the Senate on | ||
May 19, 2011, by the following vote: Yeas 31, Nays 0; and that the | ||
Senate concurred in House amendment on May 27, 2011, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1920 passed the House, with | ||
amendment, on May 25, 2011, by the following vote: Yeas 147, | ||
Nays 0, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |