By:  Madla                                            S.B. No. 1093
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  amending Chapter 616, Acts of the 72nd Legislature, Regular
    1-2  Session, 1991, by increasing the number of counties to which it
    1-3  applies and making provisions for a county utility board to operate
    1-4  and manage certain utilities.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  That Section 1 of Chapter 616, Acts of the 72nd
    1-7  Legislature, Regular Session, 1991 (Article 717v, Vernon's Civil
    1-8  Statutes), is amended to read:
    1-9        "Section 1:  This Act applies only to a county <with> which,
   1-10  at the time of initial action under this Act, has a population of
   1-11  <1,500> 10,000 or less, according to the most recent federal
   1-12  census."
   1-13        SECTION 2.  That Chapter 616, Acts of the 72nd Legislature,
   1-14  Regular Session, 1991 (Article 717v, Vernon's Civil Statutes), is
   1-15  amended by adding a new Section as follows:
   1-16        "Section 2a:  (a)  In lieu of the commissioners' court being
   1-17  directly responsible for the entire operation and management of the
   1-18  county's wastewater collection and treatment system, water supply
   1-19  and distribution system, or the solid waste collection and
   1-20  disposition system, any one or combination thereof, the
   1-21  commissioners' court, by an order adopted at a regular meeting of
   1-22  such court, may adopt the provisions of this section and make this
   1-23  section applicable to the county and thereby establish a "_____
    2-1  County Utility System Board" as a body politic and corporate.
    2-2        (b)  The Board shall thereafter have the responsibility of
    2-3  the day to day operation and management of such utility system or
    2-4  systems which are placed under its control by the order making this
    2-5  section applicable to the county which are owned or in the process
    2-6  of being acquired by the county, subject to the provisions of this
    2-7  section.
    2-8        (c)  The Board shall be composed of five directors.  One
    2-9  director shall be an ex-officio member of the Commissioner's Court
   2-10  appointed by the court each year on the first meeting of the fiscal
   2-11  year of the county and shall serve for a period of one year.  Four
   2-12  directors shall be designated as position 1, 2, 3, and 4, and shall
   2-13  be elected by qualified voters in the county and shall serve for
   2-14  two year terms beginning on October 1st immediately following the
   2-15  election.  Elections will be held each September on the second
   2-16  Saturday in odd numbered years for Positions 1 and 3 and on the
   2-17  second Saturday in even numbered years for Positions 2 and 4 on.
   2-18  Candidates for directors shall be qualified voters of the county.
   2-19  The election shall be administered by the County Election
   2-20  Administrator, or by the County Clerk if the county does not have a
   2-21  County Election Administrator.  The election shall be governed by
   2-22  the Texas Election Code.
   2-23        (d)  The Commissioner's Court shall appoint members to the
   2-24  board to serve until an election is held for the positions as
   2-25  specified in article 2(c).
    3-1        (e)  The directors shall organize by the selection, for one
    3-2  year terms, of a president, a vice-president, a secretary and a
    3-3  treasurer, provided that the secretary and the treasurer may be
    3-4  combined.  The person serving as secretary, treasurer and/or
    3-5  secretary/treasurer need not be a member of the board of directors.
    3-6  The president shall (i) preside at all of the meetings of the
    3-7  board, and (ii) shall be its chief executive officer and budget
    3-8  officer.  The vice president shall assume the duties of the
    3-9  president when the president is incapacitated or absent from
   3-10  meetings.  The secretary (or secretary/treasurer) shall keep the
   3-11  records and the minutes of the meetings of the Board.  The
   3-12  treasurer (or secretary/treasurer) shall be responsible for the
   3-13  deposit of all revenues of the system or systems operated and
   3-14  managed by the Board (for which provision is made by paragraph (h)
   3-15  of this section), in a separate account or accounts with the county
   3-16  depository, provided that any funds set aside for the payment or
   3-17  security of obligations issued on behalf of the Board may be
   3-18  deposited with the paying agent for which provision is made in the
   3-19  order authorizing the issuance of such obligations.  The board
   3-20  shall require the execution of a bond in an amount equal to the
   3-21  estimated amount to be in the hands, at any one time, of the person
   3-22  holding the office of treasurer (or secretary/treasurer).  The
   3-23  premium of such bond shall be paid by the Board.
   3-24        (f)  The budget officer, with the assistance of the business
   3-25  manager, shall prepare a tentative budget (showing the anticipated
    4-1  revenues by sources and the expenses of the utility system and the
    4-2  Board) for the ensuing fiscal year of the county and submit it to
    4-3  the Board no later than June 1.  The board shall schedule a public
    4-4  hearing to consider the budget no later than July 1.  The secretary
    4-5  shall post notice of the hearing not later than ten (10) days prior
    4-6  to the hearing.  Said notice shall include the date, time, and
    4-7  place of the hearing.  The final budget shall be adopted by the
    4-8  board no later than July 15 and submitted to the commissioner's
    4-9  court for consideration by the commissioners' court as a part of
   4-10  the county budget.  If no county budget has been adopted, the
   4-11  budget for the utility system or systems shall be the same as for
   4-12  the preceding fiscal year, except the budget will be increased
   4-13  proportionally if the prior budget was not for a complete fiscal
   4-14  year.  It shall be the affirmative duty of the board and the
   4-15  commissioners' court to include in the budget an amount which is
   4-16  sufficient to provide for the payment and security of any
   4-17  outstanding obligations approved by the attorney general to the
   4-18  extent such obligations are payable from the revenues of the
   4-19  utility system or systems.
   4-20        In the by-laws the Board shall provide procedures for the
   4-21  disbursement of funds it has deposited in the separate accounts
   4-22  with the county depository only after the board has determined the
   4-23  funds for payment were properly budgeted, except such approval of
   4-24  the board shall not be required for the transfer of funds to a
   4-25  paying agent for the payment and security of outstanding
    5-1  obligations approved as to legality by the attorney general.  All
    5-2  checks issued by the Board shall be signed by at least two persons,
    5-3  one of whom must be an officer of the Board.
    5-4        (g)  During the period between the enactment of this
    5-5  legislation and the next fiscal year, the board shall operate with
    5-6  the budget approved by Commissioners' Court for the current fiscal
    5-7  year.
    5-8        (h)  The board shall have the power to establish rates and
    5-9  charges for services, fees for connections and reconnections,
   5-10  security deposits, and other charges required for efficient
   5-11  operation of the utility system or systems for which it has day to
   5-12  day responsibility for management and operation.
   5-13        (i)  The Board shall have no power:
   5-14              (1)  to incur or issue any obligation payable, in whole
   5-15  or in part, from ad valorem taxes; or
   5-16              (2)  to exercise the power of eminent domain.  Such
   5-17  power shall be vested solely in the county.
   5-18        (j)  The Board may provide for extensions and improvements to
   5-19  the system or systems, but may not provide for the extension of
   5-20  service to any area within the boundaries or extra-territorial
   5-21  jurisdiction of an incorporated city, town, village or conservation
   5-22  and reclamation district established under Article 16, Section 59
   5-23  of the Constitution of Texas, without the consent of the governing
   5-24  body of the city whose territory is involved.
   5-25        (k)  With the approval of the commissioners' court, the Board
    6-1  may purchase an existing privately owned wastewater collection and
    6-2  treatment system or water supply and distribution system, either or
    6-3  both, which supplies retail utility service to inhabitants of the
    6-4  county.  With the consent of the directors of a conservation and
    6-5  reclamation district, the commissioners' court may assume the
    6-6  outstanding obligations of a conservation and reclamation district
    6-7  established within the county under the provisions of Article 16,
    6-8  Section 59 of the Constitution of Texas, and provide for the
    6-9  abolition of such district, but the area of the former district
   6-10  shall remain secondarily liable for the payment of any taxes
   6-11  pledged to the payment of outstanding indebtedness of the former
   6-12  district until such indebtedness has been paid off, provision has
   6-13  been made for the payment of such obligations, or they have been
   6-14  refunded by the county.  Such taxes, if any shall be required,
   6-15  shall be levied against the area of the former district by the
   6-16  commissioners' court as the successor to the district.
   6-17        (l)  The Board may adopt by-laws, not inconsistent with the
   6-18  provisions of this act to regulate its affairs and establish the
   6-19  area within the county where it shall have the responsibility of
   6-20  providing utility service, but in no event shall the service area
   6-21  of the Board include any territory, which on the effective date of
   6-22  this act, is served by another under a certificate of public
   6-23  convenience and necessity during the time such certificate is
   6-24  effective.  The by-laws may provide for a seal for the Board.
   6-25        (m)  The Board shall be subject to the open meetings act, the
    7-1  open records act, the County Purchasing Act, and the Public Funds
    7-2  Investment Act of 1987, as amended (Article 842a-2, Vernon's Texas
    7-3  Civil Statutes).
    7-4        The Board is a "governmental unit" as such term is defined in
    7-5  the Texas Tort Claims Act and all of its activities are in the
    7-6  performance of an essential governmental function.
    7-7        (n)  The county, by the adoption of an order at a regular
    7-8  meeting of the commissioner's court, may authorize the issuance of
    7-9  obligations (payable in whole or in part from ad valorem taxes) on
   7-10  behalf of the Board for the purpose of acquiring, improving,
   7-11  repairing, or extending the county's wastewater collection,
   7-12  treatment system, water supply and distribution system, or the
   7-13  solid waste collection and disposition, either or any combination
   7-14  of the three, but if the obligations are payable from ad valorem
   7-15  taxes and revenues, the board must also approve the issuance of the
   7-16  obligations.  If obligations are to be issued for one or more of
   7-17  such purposes and are to be payable solely from the gross revenues
   7-18  of the system or systems, the board, by resolution, may authorize
   7-19  their issuance.  Nothing herein shall prohibit an appropriation by
   7-20  the county of any available funds for assistance in the maintenance
   7-21  or operation of the system or systems, but no agreement or pledge
   7-22  to do so beyond the then current fiscal year shall be effective
   7-23  unless there is compliance with the provisions of Article 11,
   7-24  Section 7 of the Constitution.  The provisions of Chapter 271 of
   7-25  the Local Government Code, the Bond Procedures Act (Article 717k-6,
    8-1  Vernon's Texas Civil Statutes); Chapter 784, Acts of the 61st
    8-2  Legislature, Regular Session, 1969, as amended (Article 717,k-3,
    8-3  Vernon's Texas Civil Statutes); Chapter 503, Acts of the 54th
    8-4  Legislature, Regular Session, 1955, as amended (Article 717k,
    8-5  Vernon's Texas Civil Statutes); Chapter 656, Acts of the 68th
    8-6  Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
    8-7  Civil Statutes), Chapter 3, Acts of the 61st Legislature, Regular
    8-8  Session, 1969, as amended (Article 717k-2, Vernon's Texas Civil
    8-9  Statutes), and Section 2 to 9 of this Act shall apply to and govern
   8-10  the county and the Board when operating under this Section except
   8-11  that the maximum maturity of any obligation issued under this
   8-12  Section shall be 40 years.
   8-13        (o)  Each member of the Board shall be entitled to
   8-14  reimbursement of actual expenses incurred in the conduct of the
   8-15  business of the Board and a fee for each meeting attended as
   8-16  established by the Commissioners' Court.
   8-17        SECTION 3.  All actions heretofore taken by or on behalf of
   8-18  the commissioners court of a county in the acceptance of grants for
   8-19  the construction of a water supply and distribution system or a
   8-20  wastewater collection and treatment system, either or both, or the
   8-21  acceptance of a conveyance of such a system or systems, and in each
   8-22  situation, all actions taken by or on behalf of the county since
   8-23  the acquisition of such a system or system (including the operation
   8-24  thereof) are hereby ratified, confirmed, and validated.  This
   8-25  section does not validate any action which is the subject of
    9-1  litigation upon the effective date of this act.
    9-2        SECTION 4.  The importance of this legislation and the
    9-3  crowded condition of the calendars in both houses create an
    9-4  emergency and an imperative public necessity that the
    9-5  constitutional rule requiring bills to be read on three several
    9-6  days in each house be suspended, and this rule is hereby suspended,
    9-7  and that this Act take effect and be in force from and after its
    9-8  passage, and it is so enacted.