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. 3-1 * * * * *