By Pickett, et al. H.B. No. 1187
74R4448 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the dissolution of the El Paso County Water Control and
1-3 Improvement District--Westway, the provision of water supply and
1-4 sewer services to the residents of the district after dissolution,
1-5 and the rates charged for water and sewer service by the City of El
1-6 Paso; validating certain actions of the district's board of
1-7 directors.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. TRANSFER OF ASSETS AND LIABILITIES; REQUEST FOR
1-10 DISSOLUTION ORDER. (a) The board of directors of the El Paso
1-11 County Water Control and Improvement District--Westway may
1-12 undertake to transfer to the City of El Paso the district's assets
1-13 and liabilities in accordance with the agreement for the management
1-14 and transfer of the district's water and sewer supply system
1-15 executed by the board of directors of the district, the City of El
1-16 Paso, and the El Paso Water Utilities Public Service Board on May
1-17 16, 1994, as amended before the date of passage of this Act.
1-18 (b) On meeting the conditions stated in the management and
1-19 transfer agreement, the board of directors of the district shall
1-20 notify the executive director of the Texas Natural Resource
1-21 Conservation Commission and request an order of dissolution.
1-22 (c) The board of directors of the district shall provide the
1-23 executive director of the Texas Natural Resource Conservation
1-24 Commission with any information or documentation the executive
2-1 director requests to monitor the district's progress toward meeting
2-2 the conditions of the management and transfer agreement.
2-3 SECTION 2. ORDER OF DISSOLUTION; TRANSFER OF ASSETS AND
2-4 LIABILITIES. (a) On receipt of the notice and request from the
2-5 City of El Paso, the executive director of the Texas Natural
2-6 Resource Conservation Commission shall investigate to verify
2-7 whether all the parties to the agreement for the management and
2-8 transfer of the district's water supply and sewer system executed
2-9 by the El Paso County Water Control and Improvement
2-10 District--Westway, the City of El Paso, and the El Paso Water
2-11 Utilities Public Service Board on May 16, 1994, as amended before
2-12 the date of passage of this Act, have met all the conditions that
2-13 the agreement requires before the transfer.
2-14 (b) After investigation, the executive director of the Texas
2-15 Natural Resource Conservation Commission shall issue an order of
2-16 dissolution if the executive director determines:
2-17 (1) the district is ready to be dissolved in
2-18 accordance with the management and transfer agreement;
2-19 (2) all of the district's assets and liabilities are
2-20 ready to be transferred to the City of El Paso for incorporation
2-21 into the city's water and sewer system;
2-22 (3) the City of El Paso and the El Paso Water
2-23 Utilities Public Service Board are prepared to accept the transfer;
2-24 and
2-25 (4) the city council of the City of El Paso has
2-26 adopted a resolution accepting the transfer.
2-27 (c) In issuing an order of dissolution under Subsection (b)
3-1 of this section, the executive director of the Texas Natural
3-2 Resource Conservation Commission shall:
3-3 (1) direct the board of directors of the district to
3-4 provide the City of El Paso, the El Paso Water Utilities Public
3-5 Service Board, and the secretary of state all transfer documents,
3-6 including all deeds, easements, and bills of sale in the possession
3-7 of the board of directors, and any other information necessary or
3-8 appropriate to completely consolidate and transfer the district's
3-9 water and sewer system into the City of El Paso's water and sewer
3-10 system;
3-11 (2) order the district dissolved; and
3-12 (3) order that all assets and liabilities of the
3-13 district be transferred to the City of El Paso for incorporation
3-14 into the city's water and sewer service system.
3-15 (d) The consideration and adoption of an order of
3-16 dissolution under this section is not a contested case under
3-17 Chapter 2001, Government Code.
3-18 (e) Notwithstanding any other provision of law, the order of
3-19 dissolution is wholly sufficient and effective to accomplish the
3-20 dissolution of the district and the transfer of its assets and
3-21 liabilities to the city.
3-22 (f) The executive director of the Texas Natural Resource
3-23 Conservation Commission shall file with the secretary of state and
3-24 in the deed records of El Paso County a certified copy of the order
3-25 of dissolution issued under this section together with a certified
3-26 copy of the resolution of the city council of the City of El Paso
3-27 accepting the transfer.
4-1 SECTION 3. COLLECTION OF MONEY OWED THE DISTRICT. On or
4-2 after the date the dissolution order is issued under Section 2 of
4-3 this Act, the City of El Paso, through the El Paso Water Utilities
4-4 Public Service Board, may collect all money owed the El Paso County
4-5 Water Control and Improvement District--Westway on the date the
4-6 order is issued including:
4-7 (1) taxes levied or charges imposed by the district
4-8 that were due and owing on the date of the dissolution order issued
4-9 under Section 2 of this Act; and
4-10 (2) the district's accounts receivable.
4-11 SECTION 4. RATES FOR SERVICE. (a) Notwithstanding Section
4-12 16.349, Water Code, the City of El Paso, through the El Paso Water
4-13 Utilities Public Service Board, may charge residents of El Paso
4-14 County living in the service area formerly served by the El Paso
4-15 County Water Control and Improvement District--Westway water supply
4-16 or sewer service rates that exceed the rates paid by water supply
4-17 or sewer service customers who are residents of the municipality if
4-18 the higher rates are necessary or appropriate to fully cover the
4-19 cost of service to the area.
4-20 (b) The water supply or sewer service rates the City of El
4-21 Paso, through the El Paso Water Utilities Public Service Board,
4-22 charges residents of El Paso County living in the service area
4-23 formerly served by the El Paso County Water Control and Improvement
4-24 District--Westway may include amounts necessary to recover:
4-25 (1) the costs of operation and maintenance of the
4-26 water supply or sewer service improvements serving the area; or
4-27 (2) debt service costs of loans accepted to improve
5-1 the water supply or sewer service system serving the area.
5-2 SECTION 5. VALIDATION. (a) All acts, resolutions, orders,
5-3 instruments, obligations, and proceedings of the body serving as
5-4 the board of directors of the El Paso County Water Control and
5-5 Improvement District--Westway before January 1, 1995, are in all
5-6 respects validated, ratified, approved, and confirmed as of the
5-7 date they were taken, adopted, authorized, issued, entered into, or
5-8 delivered and shall be treated as though they had originally been
5-9 authorized and accomplished in accordance with law.
5-10 (b) An act, resolution, order, instrument, obligation, or
5-11 proceeding may be held invalid if the body serving as the board of
5-12 directors of the El Paso County Water Control and Improvement
5-13 District--Westway acted with knowledge that the action was illegal.
5-14 (c) This section does not apply to any matter that on the
5-15 effective date of this Act:
5-16 (1) is involved in litigation if in the course of the
5-17 litigation the matter is held invalid by a final judgment of a
5-18 court of competent jurisdiction; or
5-19 (2) has been held invalid by a final judgment of a
5-20 court of competent jurisdiction.
5-21 SECTION 6. EMERGENCY. The importance of this legislation
5-22 and the crowded condition of the calendars in both houses create an
5-23 emergency and an imperative public necessity that the
5-24 constitutional rule requiring bills to be read on three several
5-25 days in each house be suspended, and this rule is hereby suspended,
5-26 and that this Act take effect and be in force from and after its
5-27 passage, and it is so enacted.
6-1 COMMITTEE AMENDMENT NO. 1
6-2 Amend H.B. 1187 by Pickett as follows:
6-3 On page 1, line 17, add the words "may be" after the word
6-4 "as".
6-5 On page 2, line 11, add the words "may be" after the word
6-6 "as".
6-7 On page 4, line 26, after the word "area;", delete the word
6-8 "or" and add the word "and".
6-9 Walker