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.