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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