By: Armbrister S.B. No. 1443
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation, administration, and powers, including the
1-2 power of eminent domain, and to the duties, operations, and
1-3 financing of Victoria Regional Water Authority, including the power
1-4 to issue bonds and the power to levy and collect ad valorem taxes;
1-5 relating to the power of certain political subdivisions and
1-6 corporations to contract with the authority.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. PURPOSE. It is the purpose and intent of this
1-9 Act to establish a mechanism that can provide on an orderly basis
1-10 for the water and wastewater needs of the unincorporated territory
1-11 of Victoria County, without impairment of the powers of an
1-12 incorporated municipality of the county within its corporate limits
1-13 or within two miles thereof or in its extraterritorial
1-14 jurisdiction, whichever is greater, or the other governmental
1-15 agencies therein, or water supply or sewer service corporations
1-16 within the service areas certificated to such corporations under
1-17 Chapter 13, Water Code, to assume their proper and historic roles
1-18 in the performance of such services as expansions of municipal
1-19 boundaries occur or sound water and wastewater practices dictate.
1-20 To accomplish this purpose a conservation district with taxing
1-21 power is created, subject to limitations, all for the purpose of
1-22 providing for such services on a coordinated but voluntary basis
1-23 within such territory and in conjunction with the other agencies
2-1 and municipalities located within the county.
2-2 SECTION 2. DEFINITIONS. In this Act:
2-3 (1) "Authority" means the Victoria Regional Water
2-4 Authority created in Section 4 of this Act.
2-5 (2) "Board" means the governing board of directors of
2-6 the authority.
2-7 (3) "Commissioners court" means the commissioners
2-8 court of Victoria County.
2-9 (4) "Municipality" means any incorporated city or town
2-10 within the county and any other governmental agency, water
2-11 district, conservation district, or political subdivision doing
2-12 business therein.
2-13 (5) "State" means the State of Texas.
2-14 (6) "Water supply or sewer service corporation" means
2-15 any nonprofit water supply or sewer service corporation organized
2-16 under Chapter 76, Acts of the 43rd Legislature, 1st Called Session,
2-17 1933 (Article 1434a, Vernon's Texas Civil Statutes), as amended.
2-18 SECTION 3. LEGISLATIVE FINDINGS. (a) It is hereby found by
2-19 the legislature that the creation and establishment of the
2-20 authority is essential to the accomplishment of the purposes of
2-21 Article XVI, Section 59, of the Texas Constitution.
2-22 (b) It is hereby found by the legislature that all of the
2-23 land and other property included in the boundaries of the authority
2-24 will be benefitted by the improvements, works, and projects that
2-25 are to be provided by the authority pursuant to the powers
3-1 conferred on the authority by this Act and that the authority is
3-2 created to serve a public use and benefit and will be for a public
3-3 purpose.
3-4 (c) The legislature specifically finds and declares that the
3-5 requirements of Article XVI, Section 59(d) and Section 59(e), of
3-6 the Texas Constitution, to the extent applicable, have been met and
3-7 accomplished in due course, time, and order and that all notices
3-8 required to be given relating to this Act have been given, that all
3-9 approvals required to be obtained pursuant thereto have been
3-10 obtained, and that the legislature has the authority and power to
3-11 enact this Act.
3-12 SECTION 4. CREATION. (a) A conservation and reclamation
3-13 district having the boundaries prescribed herein is hereby created
3-14 and shall be known as the Victoria Regional Water Authority.
3-15 (b) The authority is a conservation and reclamation district
3-16 under Article XVI, Section 59, of the Texas Constitution and is a
3-17 governmental agency, body corporate and politic, and a political
3-18 subdivision of the state.
3-19 (c) The boundaries of the authority are coterminous with the
3-20 duly established and existing boundaries of the county not
3-21 including territory that lies within the limits of an incorporated
3-22 municipality, and the territory of the county not within an
3-23 incorporated municipality shall be the territory of the authority.
3-24 (d) An election confirming the creation of the authority
3-25 shall be held in accordance with the provisions of Sections 51.033
4-1 and 51.034, Water Code.
4-2 SECTION 5. MANAGEMENT OF AUTHORITY. (a) The authority
4-3 shall be governed by a board of directors of five persons who are
4-4 residents of the authority. The members of the board will be
4-5 appointed by the commissioners court. The terms of office shall be
4-6 four years. The members of the board are subject to removal with
4-7 or without cause by duly adopted order of the commissioners court.
4-8 The board shall have complete authority over the management and
4-9 affairs of the authority under this Act; provided, however, that
4-10 any and all budgets, rates, and contracts for the acquisition,
4-11 construction, improvement, extension, or disposition of water or
4-12 wastewater systems of the authority shall not become effective
4-13 until they are approved by order of the commissioners court.
4-14 (b) Vacancies on the board shall be filled by the
4-15 commissioners court.
4-16 (c) No member of the board shall receive any compensation
4-17 for serving as a member of the board, but all directors may be
4-18 reimbursed for actual expenses incurred on behalf of the authority
4-19 in the discharge of their duties.
4-20 SECTION 6. BOARD PROCEDURES. (a) The board shall prepare
4-21 and adopt bylaws for the authority and shall hold such regular,
4-22 special, or emergency meetings at such times and on such days or
4-23 dates as are specified therein.
4-24 (b) A majority of the members of the board constitutes a
4-25 quorum for the transaction of business of the authority, and
5-1 approval of at least a majority of the members of the board present
5-2 at a meeting is necessary for approval of any matter coming before
5-3 the board.
5-4 (c) The board shall provide in its bylaws for the method of
5-5 execution for all contracts, the signing of checks, and the
5-6 handling of any other matters approved by the board. After each
5-7 appointment cycle and at any other times the board may consider
5-8 appropriate, the board shall reorganize and elect new officers.
5-9 (d) The officers of the board shall consist of a president,
5-10 one or more vice-presidents, a secretary, and a treasurer. The
5-11 board may designate one or more assistant secretaries and an
5-12 assistant treasurer, who are not required to be members of the
5-13 board. The secretary of the board or one of the assistant
5-14 secretaries shall be responsible for keeping the minutes of the
5-15 meetings of the board and all official records of the board and may
5-16 certify the accuracy or authenticity of any actions, proceedings,
5-17 minutes, or records of the board or of the authority.
5-18 (e) The regular meeting place of the board shall be
5-19 designated in the bylaws.
5-20 SECTION 7. GENERAL POWERS AND DUTIES. (a) Subject to the
5-21 specific provisions of this Act, the authority has the rights,
5-22 powers, privileges, authority, and functions granted, conferred,
5-23 contemplated, and described in Article XVI, Section 59, of the
5-24 Texas Constitution, including the rights, powers, privileges,
5-25 authority, and functions conferred by the general laws of the state
6-1 applicable to water control and improvement districts and to
6-2 municipal utility districts operating under the applicable
6-3 provisions of the Water Code, together with the additional rights,
6-4 powers, privileges, authority, and functions enumerated, described,
6-5 expressed, or implied by this Act.
6-6 (b) The authority shall have the power to levy or collect ad
6-7 valorem taxes.
6-8 (c) If any general law applicable to water control and
6-9 improvement districts or to municipal utility districts is in
6-10 conflict or inconsistent with this Act, this Act shall prevail,
6-11 except as provided by Subsection (d) of this section.
6-12 (d) The provisions of Chapter 13, Water Code, shall be
6-13 applicable to the authority in the same manner and to the extent
6-14 that these provisions are otherwise applicable to conservation and
6-15 reclamation districts created under Article XVI, Section 59, of the
6-16 Texas Constitution.
6-17 SECTION 8. ADDITIONAL POWERS. (a) The authority has the
6-18 additional rights, powers, privileges, authorities, and functions
6-19 provided by this section.
6-20 (b) The authority may sue and be sued and may plead and be
6-21 impleaded in its own name.
6-22 (c) The authority may adopt an official seal and alter the
6-23 seal when deemed advisable and may adopt and enforce bylaws, rules,
6-24 and regulations for the conduct of its affairs that are not
6-25 inconsistent with this Act.
7-1 (d) The authority may acquire, hold, use, and dispose of its
7-2 revenues, income, receipts, funds, and money from every source and
7-3 may select its depository or depositories.
7-4 (e) The authority may plan, lay out, purchase, construct,
7-5 acquire, contract for, lease, rent, own, operate, maintain, repair,
7-6 and improve inside or outside its boundaries any land, buildings,
7-7 works, improvements, facilities, plants, equipment, and appliances,
7-8 including any administrative properties and facilities, any
7-9 permits, franchises, licenses, or contract or property rights, and
7-10 any levees, drains, waterways, lakes, reservoirs, channels,
7-11 conduits, sewers, dams, stormwater detention facilities, or other
7-12 similar facilities and improvements, whether for municipal,
7-13 industrial, agricultural, flood control, or related purposes, that
7-14 are necessary, helpful, or incidental to the exercise of any right,
7-15 power, privilege, authority, or function provided by this Act.
7-16 (f) The authority may acquire by purchase or by exercise of
7-17 the power of eminent domain, which power is hereby granted subject
7-18 to the limitations imposed by this subsection, any land, easements,
7-19 rights-of-way, or other property or improvements within or without
7-20 the boundaries of the authority which are needed or are appropriate
7-21 to carry out the powers and functions of the authority, as herein
7-22 described and contemplated; provided, however, that the power of
7-23 eminent domain shall be exercised in the manner and with the
7-24 privileges, rights, and immunities available under the laws of the
7-25 state, including specifically the Property Code, as amended. It is
8-1 provided further that the authority shall not exercise the power of
8-2 eminent domain: (1) against any property owned by the county or by
8-3 any municipality or any agency or instrumentality thereof, or
8-4 (2) to acquire a waterworks system or a wastewater system that is
8-5 owned by any municipality, by private parties, or by any nonprofit
8-6 water supply or sewer service corporation.
8-7 (g) In addition to its other powers, the authority is
8-8 authorized to purchase by agreement with any owner, to maintain and
8-9 operate, and to construct new extensions and additions to existing
8-10 waterworks systems and wastewater systems wholly or partially
8-11 within the county.
8-12 (h) None of the authority's works, projects, or facilities
8-13 may be placed in or extended into or across any land within a city
8-14 without the express consent of the governing body of the city.
8-15 (i) The authority may request and may accept any
8-16 appropriations, grants, allocations, subsidies, guaranties, aid,
8-17 contributions, services, labor, materials, gifts, or donations from
8-18 the federal government, the state, any city, public agency,
8-19 political subdivision, or any other sources.
8-20 (j) The authority may operate and maintain an office and may
8-21 appoint and determine the duties, tenure, qualifications, and
8-22 compensation of officers, employees, agents, professional advisors,
8-23 and counsellors, including financial consultants, accountants,
8-24 attorneys, architects, engineers, appraisers, and financing experts
8-25 deemed necessary or advisable by the board.
9-1 (k) The authority may issue its bonds, provide for and
9-2 secure the payment of its bonds, and provide for the rights of the
9-3 holders of its bonds in the manner and to the extent permitted by
9-4 this Act.
9-5 (l) The authority may fix and revise from time to time and
9-6 charge and collect rates, fees, and charges for its facilities and
9-7 services.
9-8 (m) The authority may exercise those powers granted by the
9-9 Clean Air Financing Act (Chapter 383, Health and Safety Code) and
9-10 Chapter 30, Water Code.
9-11 SECTION 9. REGULATORY POWER. (a) The authority may adopt
9-12 rules and regulations for the development of water and wastewater
9-13 systems within the unincorporated territory of the county but may
9-14 not adopt rules or regulations that conflict or are inconsistent
9-15 with any valid order or ordinance of a municipality or of the
9-16 county or with any requirements or protections in effect under
9-17 Chapter 13, Water Code, or Chapter 341, Health and Safety Code, for
9-18 a water supply or sewer service corporation.
9-19 (b) This Act does not exempt the authority or any land
9-20 situated within the authority from the terms and provisions of any
9-21 applicable ordinance, code, resolution, platting and zoning
9-22 requirement, rule, or regulation of any municipality.
9-23 (c) It being one of the essential purposes of this Act to
9-24 enable the county and the municipalities and existing nonprofit
9-25 water supply or sewer service corporations to provide for the
10-1 orderly development and distribution of the water and wastewater
10-2 resources of and within the unincorporated territory of the county,
10-3 the authority shall have full standing to appear before any local
10-4 or state agency having jurisdiction and to be heard to oppose or
10-5 support the creation of additional municipal utility districts
10-6 within the county.
10-7 SECTION 10. ANNEXATION. (a) Territory may be annexed to
10-8 the authority as provided in this section and in accordance with
10-9 Chapter 54, Water Code.
10-10 (b) A petition requesting the annexation of territory by the
10-11 authority may be presented to the board. The petition must be
10-12 signed by at least 50 persons who own property within the
10-13 boundaries of the proposed annexed territory and must be approved
10-14 by the board. The petition shall specify, at a minimum, a metes
10-15 and bounds description of the boundaries of the proposed annexed
10-16 territory, the general nature of the improvements to be acquired,
10-17 constructed, or otherwise implemented within the annexed territory,
10-18 and the necessity and feasibility of the improvements. The
10-19 petition shall state on its face whether the power to levy and
10-20 collect ad valorem taxes solely within the annexed territory is
10-21 requested.
10-22 (c) The board shall set a date for a hearing on the petition
10-23 not less than 14 nor more than 45 days after the day the petition
10-24 is presented to the board. Notice of the hearing shall be given to
10-25 each municipality within whose territory, as defined below, the
11-1 proposed annexed territory would be located and to each water
11-2 supply or sewer service corporation within whose certificated
11-3 service area the proposed subdistrict would be located. For this
11-4 purpose a municipality's territory includes land within its
11-5 corporate limits and land included within two miles of its limits
11-6 or its extraterritorial jurisdiction, whichever is greater. A copy
11-7 of the notice of the hearing shall also be posted in three public
11-8 places located within the territory proposed to be annexed and at
11-9 the county courthouse at least 14 days prior to the date set for
11-10 the hearing. Notice of the hearing shall also be published at
11-11 least one time in a newspaper of general circulation published in
11-12 the county at least 10 days prior to the date of the hearing.
11-13 (d) Any interested person may appear at the hearing for the
11-14 purpose of supporting or opposing the annexation in accordance with
11-15 the petition. The hearing shall be conducted in accordance with
11-16 the procedures established by the board.
11-17 (e) After the public hearing, the board shall enter an order
11-18 stating its findings in the official records of the board. If the
11-19 board deems the annexation to be feasible and practical and finds
11-20 that the annexation will be beneficial to the public, will benefit
11-21 the residents of and the land included in the proposed annexed
11-22 territory, and will contribute to the orderly growth and
11-23 development of the county, then the board shall enter an order
11-24 granting the petition and ordering the annexation of the territory.
11-25 If the board finds to the contrary, it shall enter an order
12-1 dismissing the petition, and the proposed annexed territory shall
12-2 not be annexed; but a dismissal order shall be without prejudice to
12-3 the ability to petition for the annexation of the same territory at
12-4 a later time. The board shall not order the annexation of
12-5 territory which includes within its boundaries any portion of an
12-6 incorporated city or any portion of land within two miles of the
12-7 incorporated boundary of a city or the extraterritorial
12-8 jurisdiction of a city, whichever is greater, without the express
12-9 written approval of the governing body of the incorporated city nor
12-10 shall the board order the annexation of territory which includes
12-11 within its boundaries any portion of an area certificated to a
12-12 water supply or sewer service corporation under Chapter 13, Water
12-13 Code, without the express written approval of the governing body of
12-14 the water supply or sewer service corporation. In giving approval
12-15 prior to the annexation of territory, the approving city or water
12-16 supply or sewer service corporation by agreement with the board may
12-17 impose special conditions and terms regarding the financing,
12-18 operations, and disannexation of the annexed territory and the
12-19 disposition of its works and projects. If the conditions are not
12-20 accepted by the board within 60 days of its annexation or modified
12-21 with the agreement of the city or cities or water supply or sewer
12-22 service corporation or corporations, as applicable, the board shall
12-23 enter an order disannexing the territory.
12-24 SECTION 11. WATER APPROPRIATION AND DIVERSION PERMITS;
12-25 STORAGE RIGHTS. The authority may obtain, through appropriate
13-1 proceedings, appropriation permits and diversion permits from the
13-2 Texas Water Commission. The authority is authorized to acquire
13-3 water appropriation permits from owners of permits through a
13-4 contract or otherwise. The authority may lease, purchase, or
13-5 otherwise acquire rights in and to storage and storage capacity in
13-6 any reservoir constructed or to be constructed by any person, firm,
13-7 corporation, public agency, political subdivision, the state, or
13-8 the United States or any of its agencies.
13-9 SECTION 12. WATER AND WATER SUPPLY CONTRACTS. (a) The
13-10 authority may enter into and enforce contracts and agreements for
13-11 the purchase or sale of water and for any other purpose relating to
13-12 its powers with any person, firm, corporation, public agency,
13-13 political subdivision, the state, or the United States or any of
13-14 its agencies. The authority may acquire or construct within or
13-15 without the boundaries of the authority all works, well plants,
13-16 transmission lines, and other facilities necessary or useful for
13-17 the purpose of diverting, impounding, drilling, storing, treating,
13-18 and transporting water for municipal, domestic, agricultural,
13-19 industrial, or any other useful purposes. The authority may sell
13-20 water within and without the boundaries of the authority and may
13-21 develop or otherwise acquire underground sources of water.
13-22 (b) All public agencies and political subdivisions of the
13-23 State of Texas are authorized to enter into contracts and
13-24 agreements with the authority for a water supply or for any purpose
13-25 relating to the authority's powers or functions on terms and
14-1 conditions to which the parties may agree. In addition, the
14-2 authority specifically may enter into contracts and agreements with
14-3 the Guadalupe River Authority and the City of Victoria for the
14-4 purchase of water, and the authority and city may enter into
14-5 agreements and contracts with the authority for the sale of water
14-6 and operation and maintenance of the authority's water lines if
14-7 deemed advisable. Any entity may lease, sell, or otherwise convey
14-8 any of its land or any interest in its land to the authority for
14-9 the consideration that the parties agree to be adequate. No
14-10 approval, notice, consent, or election is required in connection
14-11 with any of these contracts, agreements, or conveyances.
14-12 (c) The authority may enter into contracts with any city,
14-13 public agency, or political subdivision for supplying water to
14-14 them. These contracts may provide that the contractual payments by
14-15 the political subdivisions will be payable from revenues or the
14-16 levy of taxes or both and will constitute the purchase of the
14-17 authority's system at the time all indebtedness incurred by the
14-18 authority for acquisition, construction, improvement, and
14-19 extensions of the system is paid in full. The authority is also
14-20 authorized to contract with any city, public agency, or political
14-21 subdivision for the rental or leasing of or for the operation of
14-22 the water supply, water, and filtration or purification facilities
14-23 of the entity for consideration on which the authority and the
14-24 entity may agree. Any contract may be on the terms and for the
14-25 time to which the parties may agree, and the contract may provide
15-1 that it shall continue in effect until bonds specified in the
15-2 contract and refunding bonds issued in lieu of those bonds are
15-3 paid.
15-4 (d) Any and all municipalities and any nonprofit water
15-5 supply or sewer service corporation doing business wholly or
15-6 partially within the authority are expressly authorized to enter
15-7 into any contracts with the authority that are deemed appropriate
15-8 by the respective governing bodies thereof. Such governing bodies
15-9 are authorized to pledge to the payment of any such contracts any
15-10 source of revenue that may be available to the governing body,
15-11 including the levy and collection of ad valorem taxes, if such
15-12 municipality or corporation has the power to levy and collect such
15-13 taxes, subject only to the elections that are required by this Act
15-14 to be held prior to the levy of ad valorem taxes by this Act. To
15-15 the extent a governing body pledges funds to the payment of any
15-16 such contract that are to be derived from its own waterworks
15-17 system, its sewer system, or its combined system, such payments
15-18 shall constitute an operating expense of such system.
15-19 (e) The county and each municipality may enter into
15-20 interlocal agreements with the authority in which the authority
15-21 agrees to provide for planning, administering, and developing the
15-22 water and wastewater resource needs as the parties may agree and
15-23 approve and, to the extent agreed, for the performance of other
15-24 services on behalf of the contracting party or parties, and the
15-25 county and each municipality executing the agreements may
16-1 appropriate and expend their funds for such purposes. The
16-2 agreements may be on such terms and for such periods of time as the
16-3 parties may agree.
16-4 (f) The rights, powers, privileges, authority, and functions
16-5 granted to the authority in this Act shall be subject to the
16-6 continuing right of supervision of the state, to be exercised by
16-7 the Texas Water Commission, subject to the provisions of this Act
16-8 and Section 12.081 and Chapter 50, Water Code.
16-9 SECTION 13. ACQUISITION AND DISPOSAL OF PROPERTY. The
16-10 authority is empowered to sell or otherwise dispose of the
16-11 facilities it owns. The authority and the purchaser shall agree on
16-12 the terms and provisions of any such sale, the terms and provisions
16-13 to be approved by the commissioners court prior to becoming
16-14 effective. Any funds received by the authority on the disposition
16-15 of such property shall be applied to the debt, if any, incurred by
16-16 the authority to finance the purchase, construction, improvements,
16-17 or other acquisition of the property and improvements. If no debt
16-18 was issued for acquisition or improvement, all funds received by
16-19 the authority on the disposition of the property shall be deposited
16-20 in the general funds of the authority.
16-21 SECTION 14. EMINENT DOMAIN DAMAGES. (a) The authority is
16-22 granted all necessary or useful rights-of-way and easements along,
16-23 over, under, and across all public, state, city, and county roads,
16-24 highways, and places for any of its purposes subject to location
16-25 approval, but the authority shall restore any of those facilities
17-1 used to their previous condition as nearly as possible at the sole
17-2 expense of the authority.
17-3 (b) In the event the authority, in the exercise of its power
17-4 of eminent domain, police power, or any other power, requires the
17-5 relocation, raising, lowering, rerouting, or change in grade or
17-6 alteration in the construction of any railroad, electric
17-7 transmission, telegraph, or telephone lines, conduits, poles,
17-8 properties, or facilities or pipelines, the relocation, raising,
17-9 lowering, rerouting, or changes in grade or alteration of
17-10 construction shall be accomplished at the sole expense of the
17-11 authority. The term "sole expense" shall mean the actual cost of
17-12 the raising, lowering, rerouting, or change in grade or alteration
17-13 of construction in providing comparable replacement without
17-14 enhancement of the facilities, after deducting therefrom the net
17-15 salvage value derived from the old facility.
17-16 SECTION 15. CONSTRUCTION CONTRACT BIDS. Any construction
17-17 contract requiring an expenditure of more than $15,000 shall be
17-18 made in accordance with Chapter 50, Water Code, after publication
17-19 of a notice to bidders once each week for two consecutive weeks in
17-20 a newspaper of general circulation in the authority before awarding
17-21 the contract. The notice shall be sufficient if it states the time
17-22 and place when and where the bids will be opened, the general
17-23 nature of the work to be done, or the material, equipment, or
17-24 supplies to be purchased and states where the terms and conditions
17-25 of bidding and copies of the plans and specifications may be
18-1 obtained.
18-2 SECTION 16. BONDS. (a) For the purpose of carrying out any
18-3 power or authority conferred by this Act, the authority may issue
18-4 its negotiable bonds to be payable from and secured by revenues or
18-5 ad valorem taxes, or both, of the authority in the manner and under
18-6 the terms and conditions provided in Sections 54.501 through
18-7 54.521, Water Code, and in the resolution authorizing the issuance
18-8 of the bonds.
18-9 (b) The authority is authorized to issue, sell, and deliver
18-10 its revenue bonds, notes, or other obligations for any and all of
18-11 its purposes, without an election and on such terms as the board
18-12 shall determine appropriate. Such bonds may be made payable from
18-13 all or any part of the revenues of the authority derived from any
18-14 lawful source, including but not limited to any contract with any
18-15 municipality or with any subdistrict or from the ownership and
18-16 operation of any waterworks system, wastewater system, sewer
18-17 system, or any combined system. The issuance of revenue bonds by
18-18 the authority shall be governed by the provisions of the Water Code
18-19 applicable to the issuance of revenue bonds by municipal utility
18-20 districts and by Chapter 656, Acts of the 68th Legislature, Regular
18-21 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes), and
18-22 Chapter 1078, Acts of the 70th Legislature, Regular Session, 1987
18-23 (Article 717k-7, Vernon's Texas Civil Statutes).
18-24 (c) The authority is authorized to enter voluntarily into
18-25 any contracts, including the interlocal contracts herein
19-1 authorized, with the county, with any municipality, with nonprofit
19-2 water supply or sewer service corporations, and with any other
19-3 party, public, private, or nonprofit considered necessary in the
19-4 exercise of its other powers and purposes. Contracts requiring a
19-5 payment of money by the authority may be made payable from any
19-6 source of funds, general or specific, as may be determined by the
19-7 board.
19-8 (d) The authority is authorized to apply for and receive
19-9 grants in aid of its purposes and projects from any state, federal,
19-10 or local agency or person.
19-11 (e) Any bonds of the authority issued on behalf of the
19-12 authority which are payable through an ad valorem tax levy must be
19-13 approved by the Texas Water Commission as provided in Chapter 54,
19-14 Water Code.
19-15 SECTION 17. TAXES. (a) The tax rolls of the unincorporated
19-16 territory of Victoria County, Texas, are adopted and shall
19-17 constitute the tax rolls of the authority.
19-18 (b) If the authority issues and delivers bonds that are
19-19 payable wholly or partially from ad valorem taxes, Subchapter G,
19-20 Chapter 54, Water Code, shall be complied with by the authority.
19-21 (c) The authority may levy and collect a tax for maintenance
19-22 purposes in accordance with the provisions of Sections 54.311 and
19-23 54.312, Water Code.
19-24 SECTION 18. DEPOSITORY. The board shall designate one or
19-25 more banks within or without the authority to serve as depository
20-1 for the funds of the authority in accordance with provisions set
20-2 out in Chapter 105, Local Government Code.
20-3 SECTION 19. PUBLIC FUNCTION; TAX EXEMPT STATUS. The
20-4 accomplishment of the purposes stated in this Act is for the
20-5 benefit of the people of this state and for the improvement of
20-6 their properties and industries, and the authority, in carrying out
20-7 the purposes of this Act, will be performing an essential public
20-8 function under the constitution. The authority shall not be
20-9 required to pay any tax or assessment on its facilities or any part
20-10 of its facilities, and the bonds issued and their transfer and the
20-11 income from the bonds, including the profits made on their sale,
20-12 shall at all times be free from taxation within this state.
20-13 SECTION 20. EFFECT OF ACT. This Act is wholly sufficient
20-14 authority within itself for the issuance of the bonds, the
20-15 execution of contracts and conveyances, and the performance of the
20-16 other acts and procedures authorized in this Act by the authority
20-17 and all other public agencies and political subdivisions, without
20-18 reference to any other law or any restrictions or limitations
20-19 contained in any other law, except as in this Act specifically
20-20 provided, and when any bonds are being issued or other action taken
20-21 under this Act, then to the extent of any conflict or inconsistency
20-22 between any provision of this Act and any provision of any other
20-23 law, the provisions of this Act shall prevail and control;
20-24 provided, however, that the authority and all other public agencies
20-25 and political subdivisions are entitled to use the provisions of
21-1 this Act to the extent convenient or necessary to carry out any
21-2 power or authority, express or implied, granted by this Act.
21-3 SECTION 21. FINANCIAL REPORT. The authority shall maintain
21-4 a complete system of financial accounts and shall have those
21-5 accounts audited at least once annually by an independent certified
21-6 public accountant. The audit required under this section shall be
21-7 the same as required under Subchapter K, Chapter 50, Water Code. A
21-8 copy of the audited financial report shall be kept with the books
21-9 and financial records of the authority and shall be available
21-10 during reasonable hours for public inspection.
21-11 SECTION 22. NOTICE. Proof of publication of the
21-12 constitutional notice required in the enactment hereof under the
21-13 provisions of Article XVI, Section 59(d), of the Texas Constitution
21-14 has been made in the manner provided therein and a copy of the
21-15 notice and the bill as originally introduced have been delivered to
21-16 the Governor of the State of Texas, the Commissioners Court of
21-17 Victoria County, and to the governing body of each incorporated
21-18 city or town in whose jurisdiction the authority or any part
21-19 thereof is or will be located as required in the constitutional
21-20 provision, and such notice and delivery are hereby found and
21-21 declared to the proper and sufficient to satisfy the constitutional
21-22 requirements.
21-23 SECTION 23. EMERGENCY. The importance of this legislation
21-24 and the crowded condition of the calendars in both houses create an
21-25 emergency and an imperative public necessity that the
22-1 constitutional rule requiring bills to be read on three several
22-2 days in each house be suspended, and this rule is hereby suspended,
22-3 and that this Act take effect and be in force from and after its
22-4 passage, and it is so enacted.