By Combs, Stiles H.B. No. 2350
74R6548 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to river authorities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 325, Government Code, is amended by
1-5 adding Section 325.023 to read as follows:
1-6 Sec. 325.023. APPLICATION TO RIVER AUTHORITIES. (a) A
1-7 river authority created under Section 59, Article XVI, Texas
1-8 Constitution, is subject to review under this chapter but may not
1-9 be abolished under this chapter. The review shall be conducted as
1-10 if the river authority were scheduled to be abolished September 1,
1-11 1997.
1-12 (b) The board of directors of a river authority to which
1-13 this section applies is subject to this chapter. Unless members of
1-14 the board of directors are continued in office under this chapter,
1-15 their membership expires September 1, 1997.
1-16 (c) When the membership of a board of directors expires
1-17 under this chapter, the governor shall appoint a new board of
1-18 directors, with each new member serving for the unexpired term of
1-19 the member's predecessor. A member whose membership has expired
1-20 under Subsection (b) is not eligible for reappointment under this
1-21 subsection.
1-22 SECTION 2. Section 50.383, Water Code, is amended to read as
1-23 follows:
1-24 Sec. 50.383. RIVER AUTHORITIES: <BIDS FOR> AUDIT BY STATE
2-1 AUDITOR <NOT> REQUIRED; APPOINTMENT OF MONITOR. (a)
2-2 Notwithstanding other general or special law, a river authority is
2-3 subject to audit by the state auditor in the manner provided by law
2-4 for the audit of a state agency.
2-5 (b) If an audit of a river authority performed by the state
2-6 auditor discloses material financial irregularities, the commission
2-7 may appoint a financial monitor to supervise the administration of
2-8 the authority's financial affairs. <The board of directors of a
2-9 river authority need not advertise for competitive bids before
2-10 selecting the independent public accountant or certified public
2-11 accountant to perform the annual audit required by this chapter.>
2-12 SECTION 3. Subchapter C, Chapter 50, Water Code, is amended
2-13 by adding Sections 50.0591 and 50.0592 to read as follows:
2-14 Sec. 50.0591. ENFORCEMENT OF WATER MANAGEMENT PLANS.
2-15 Notwithstanding other general or special law, a water management
2-16 plan adopted by a river authority is enforceable as a permit
2-17 condition, and any contract executed under a permit and in
2-18 violation of the water management plan violates the permit and is
2-19 void.
2-20 Sec. 50.0592. RESTRICTIONS ON POWERS OF RIVER AUTHORITIES.
2-21 Notwithstanding other general or special law, a river authority may
2-22 not perform any activity outside its service area.
2-23 SECTION 4. The change in law made by Section 50.0591, Water
2-24 Code, as added by this Act, applies only to a contract executed on
2-25 or after the effective date of this Act.
2-26 SECTION 5. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended,
3-4 and that this Act take effect and be in force from and after its
3-5 passage, and it is so enacted.