By: Sims S.B. No. 965
A BILL TO BE ENTITLED
AN ACT
1-1 relating to and confirming the powers and authority of the Upper
1-2 Guadalupe River Authority; amending the Upper Guadalupe River
1-3 Authority Act, Special Laws, Acts of the 46th Legislature, Regular
1-4 Session, 1939, as amended; and declaring an emergency.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 16, Chapter 5, Special Laws, Acts of the
1-7 46th Legislature, Regular Session, 1939, as Amended is amended to
1-8 read as follows:
1-9 (a) Without limiting the powers granted to the District by
1-10 this Act, the District shall specifically have the right, power,
1-11 privilege, function and authority to control, develop, store and
1-12 preserve the waters and flood waters of the Upper Guadalupe River
1-13 and its tributaries within or without the boundaries of the
1-14 District for any beneficial or useful purpose and to purchase,
1-15 acquire, build, construct, improve, extend, reconstruct, repair and
1-16 maintain any and all dams, structures, waterworks systems, sanitary
1-17 or storm sewer or drainage or irrigation systems, building,
1-18 waterways, pipelines, distribution systems, ditches, lakes, ponds,
1-19 reservoirs, plants and recreational facilities for public use and
1-20 any and all other facilities or equipment in aid thereof, and to
1-21 purchase or acquire the necessary sites, easements, rights-of-way,
1-22 land or other properties necessary thereof and to do any and all
1-23 acts and things which may be necessary to the exercise of any and
2-1 all the rights, powers, privileges, functions and authority of the
2-2 District, and same may be accomplished by any and all practical
2-3 means, and the District may sell water and other services.
2-4 (b) Without limiting the powers granted to the District by
2-5 Subsection (a) of this Act, as <As> a necessary aid to the
2-6 conservation, control, preservation and distribution of such water
2-7 for beneficial use, the Authority shall have the right, power,
2-8 privilege, function and authority to appropriate state water,
2-9 including the ordinary or normal flow of the Upper Guadalupe River
2-10 and its tributaries within the boundaries of the District for the
2-11 purpose of recharging underground fresh water bearing sands and
2-12 aquifers within the boundaries of the District for subsequent
2-13 retrieval for beneficial use, <to construct, own and operate sewage
2-14 gathering, transmission and disposal services, to charge for such
2-15 service,> and to make contracts <in reference thereto> with
2-16 municipalities and others located in Kerr County for the sale of
2-17 such water.
2-18 SECTION 2. The purpose of this Legislation is to clarify the
2-19 existing powers and authority of the Upper Guadalupe River
2-20 Authority.
2-21 SECTION 3. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended,
3-1 and that this Act take effect and be in force from and after its
3-2 passage, and it is so enacted.