By Pickett 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.