1-1 By: Pickett, et al. (Senate Sponsor - Rosson) H.B. No. 1187
1-2 (In the Senate - Received from the House April 10, 1995;
1-3 April 11, 1995, read first time and referred to Committee on
1-4 Natural Resources; April 28, 1995, reported favorably by the
1-5 following vote: Yeas 7, Nays 0; April 28, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the dissolution of the El Paso County Water Control and
1-9 Improvement District--Westway, the provision of water supply and
1-10 sewer services to the residents of the district after dissolution,
1-11 and the rates charged for water and sewer service by the City of El
1-12 Paso; validating certain actions of the district's board of
1-13 directors.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. TRANSFER OF ASSETS AND LIABILITIES; REQUEST FOR
1-16 DISSOLUTION ORDER. (a) The board of directors of the El Paso
1-17 County Water Control and Improvement District--Westway may
1-18 undertake to transfer to the City of El Paso the district's assets
1-19 and liabilities in accordance with the agreement for the management
1-20 and transfer of the district's water and sewer supply system
1-21 executed by the board of directors of the district, the City of El
1-22 Paso, and the El Paso Water Utilities Public Service Board on May
1-23 16, 1994, as may be amended before the date of passage of this Act.
1-24 (b) On meeting the conditions stated in the management and
1-25 transfer agreement, the board of directors of the district shall
1-26 notify the executive director of the Texas Natural Resource
1-27 Conservation Commission and request an order of dissolution.
1-28 (c) The board of directors of the district shall provide the
1-29 executive director of the Texas Natural Resource Conservation
1-30 Commission with any information or documentation the executive
1-31 director requests to monitor the district's progress toward meeting
1-32 the conditions of the management and transfer agreement.
1-33 SECTION 2. ORDER OF DISSOLUTION; TRANSFER OF ASSETS AND
1-34 LIABILITIES. (a) On receipt of the notice and request from the
1-35 City of El Paso, the executive director of the Texas Natural
1-36 Resource Conservation Commission shall investigate to verify
1-37 whether all the parties to the agreement for the management and
1-38 transfer of the district's water supply and sewer system executed
1-39 by the El Paso County Water Control and Improvement
1-40 District--Westway, the City of El Paso, and the El Paso Water
1-41 Utilities Public Service Board on May 16, 1994, as may be amended
1-42 before the date of passage of this Act, have met all the conditions
1-43 that the agreement requires before the transfer.
1-44 (b) After investigation, the executive director of the Texas
1-45 Natural Resource Conservation Commission shall issue an order of
1-46 dissolution if the executive director determines:
1-47 (1) the district is ready to be dissolved in
1-48 accordance with the management and transfer agreement;
1-49 (2) all of the district's assets and liabilities are
1-50 ready to be transferred to the City of El Paso for incorporation
1-51 into the city's water and sewer system;
1-52 (3) the City of El Paso and the El Paso Water
1-53 Utilities Public Service Board are prepared to accept the transfer;
1-54 and
1-55 (4) the city council of the City of El Paso has
1-56 adopted a resolution accepting the transfer.
1-57 (c) In issuing an order of dissolution under Subsection (b)
1-58 of this section, the executive director of the Texas Natural
1-59 Resource Conservation Commission shall:
1-60 (1) direct the board of directors of the district to
1-61 provide the City of El Paso, the El Paso Water Utilities Public
1-62 Service Board, and the secretary of state all transfer documents,
1-63 including all deeds, easements, and bills of sale in the possession
1-64 of the board of directors, and any other information necessary or
1-65 appropriate to completely consolidate and transfer the district's
1-66 water and sewer system into the City of El Paso's water and sewer
1-67 system;
1-68 (2) order the district dissolved; and
2-1 (3) order that all assets and liabilities of the
2-2 district be transferred to the City of El Paso for incorporation
2-3 into the city's water and sewer service system.
2-4 (d) The consideration and adoption of an order of
2-5 dissolution under this section is not a contested case under
2-6 Chapter 2001, Government Code.
2-7 (e) Notwithstanding any other provision of law, the order of
2-8 dissolution is wholly sufficient and effective to accomplish the
2-9 dissolution of the district and the transfer of its assets and
2-10 liabilities to the city.
2-11 (f) The executive director of the Texas Natural Resource
2-12 Conservation Commission shall file with the secretary of state and
2-13 in the deed records of El Paso County a certified copy of the order
2-14 of dissolution issued under this section together with a certified
2-15 copy of the resolution of the city council of the City of El Paso
2-16 accepting the transfer.
2-17 SECTION 3. COLLECTION OF MONEY OWED THE DISTRICT. On or
2-18 after the date the dissolution order is issued under Section 2 of
2-19 this Act, the City of El Paso, through the El Paso Water Utilities
2-20 Public Service Board, may collect all money owed the El Paso County
2-21 Water Control and Improvement District--Westway on the date the
2-22 order is issued including:
2-23 (1) taxes levied or charges imposed by the district
2-24 that were due and owing on the date of the dissolution order issued
2-25 under Section 2 of this Act; and
2-26 (2) the district's accounts receivable.
2-27 SECTION 4. RATES FOR SERVICE. (a) Notwithstanding Section
2-28 16.349, Water Code, the City of El Paso, through the El Paso Water
2-29 Utilities Public Service Board, may charge residents of El Paso
2-30 County living in the service area formerly served by the El Paso
2-31 County Water Control and Improvement District--Westway water supply
2-32 or sewer service rates that exceed the rates paid by water supply
2-33 or sewer service customers who are residents of the municipality if
2-34 the higher rates are necessary or appropriate to fully cover the
2-35 cost of service to the area.
2-36 (b) The water supply or sewer service rates the City of El
2-37 Paso, through the El Paso Water Utilities Public Service Board,
2-38 charges residents of El Paso County living in the service area
2-39 formerly served by the El Paso County Water Control and Improvement
2-40 District--Westway may include amounts necessary to recover:
2-41 (1) the costs of operation and maintenance of the
2-42 water supply or sewer service improvements serving the area; and
2-43 (2) debt service costs of loans accepted to improve
2-44 the water supply or sewer service system serving the area.
2-45 SECTION 5. VALIDATION. (a) All acts, resolutions, orders,
2-46 instruments, obligations, and proceedings of the body serving as
2-47 the board of directors of the El Paso County Water Control and
2-48 Improvement District--Westway before January 1, 1995, are in all
2-49 respects validated, ratified, approved, and confirmed as of the
2-50 date they were taken, adopted, authorized, issued, entered into, or
2-51 delivered and shall be treated as though they had originally been
2-52 authorized and accomplished in accordance with law.
2-53 (b) An act, resolution, order, instrument, obligation, or
2-54 proceeding may be held invalid if the body serving as the board of
2-55 directors of the El Paso County Water Control and Improvement
2-56 District--Westway acted with knowledge that the action was illegal.
2-57 (c) This section does not apply to any matter that on the
2-58 effective date of this Act:
2-59 (1) is involved in litigation if in the course of the
2-60 litigation the matter is held invalid by a final judgment of a
2-61 court of competent jurisdiction; or
2-62 (2) has been held invalid by a final judgment of a
2-63 court of competent jurisdiction.
2-64 SECTION 6. EMERGENCY. The importance of this legislation
2-65 and the crowded condition of the calendars in both houses create an
2-66 emergency and an imperative public necessity that the
2-67 constitutional rule requiring bills to be read on three several
2-68 days in each house be suspended, and this rule is hereby suspended,
2-69 and that this Act take effect and be in force from and after its
2-70 passage, and it is so enacted.
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