By Junell                                             H.B. No. 3053
       74R7933 JJT-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to powers, duties, and operations of the Upper Colorado
    1-3  River Authority.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 2, Chapter 126, General Laws, Acts of the
    1-6  44th Legislature, Regular Session, 1935, is amended to read as
    1-7  follows:
    1-8        Sec. 2.  Except as expressly limited by this Act, the
    1-9  District shall have and is hereby authorized to exercise all
   1-10  powers, rights, privileges and functions conferred by General Law
   1-11  upon any District or Districts created pursuant to Section 59a, of
   1-12  Article 16, of the Constitution of the State of Texas.  Without
   1-13  limitation of the generality of the foregoing the District shall
   1-14  have and is hereby authorized to exercise the following powers,
   1-15  rights, privileges and functions:
   1-16              (a)  to control, store and preserve, within the
   1-17  boundaries of the District, the waters of the Colorado River and
   1-18  its tributaries for any useful purpose or purposes, and to use,
   1-19  distribute and sell the same, within the boundaries of the District
   1-20  for any such purpose or purposes;
   1-21              (b)  to sell and distribute water without the
   1-22  boundaries of the District to any municipality or other political
   1-23  subdivision of this state for domestic, municipal, and irrigation
   1-24  purposes, or purposes of the political subdivision, and to any
    2-1  person, firm or corporation for municipal purposes or irrigation,
    2-2  or purposes of the political subdivision, together with the right
    2-3  to construct flumes, irrigation ditches, pipe lines and storage
    2-4  reservoirs without the District for such purposes;
    2-5              (c)  to develop and generate water power and electric
    2-6  energy within the boundaries of the District and to distribute and
    2-7  sell water power and electric energy, within or without the
    2-8  boundaries of the District; <but such use shall be subordinate and
    2-9  inferior to all requirements for irrigation;>
   2-10              (d)  to prevent or aid in the prevention of damage to
   2-11  person or property from the waters of the Colorado River and its
   2-12  tributaries;
   2-13              (e)  to forest and reforest and to aid in the foresting
   2-14  and reforesting of the watershed area of the Colorado River and its
   2-15  tributaries and to prevent and to aid in the prevention of soil
   2-16  erosion and floods within said watershed area;
   2-17              (f)  to acquire by purchase, lease, gift, or in any
   2-18  other manner (otherwise than by condemnation) and to maintain, use
   2-19  and operate any and all property of any kind, real, personal or
   2-20  mixed, or any interest therein, within or without the boundaries of
   2-21  the District, including property used for parks and recreational
   2-22  areas, necessary or convenient to the exercise of the powers,
   2-23  rights, privileges, and functions conferred upon it by this Act;
   2-24              (g)  to acquire by condemnation any and all property of
   2-25  any kind, real, personal or mixed, or any interest therein, within
   2-26  or without the boundaries of the District necessary or convenient
   2-27  to the exercise of the powers, rights, privileges and functions
    3-1  conferred upon it by this Act, in the manner provided by General
    3-2  Law with respect to condemnation or, at the option of the District,
    3-3  in the manner provided by the Statutes relative to condemnation by
    3-4  Districts organized under General Law pursuant to Section 59-a of
    3-5  Article 16 of the Constitution of the State of Texas;
    3-6              (h)  subject to the provisions of this Act from time to
    3-7  time sell or otherwise dispose of any property of any kind, real or
    3-8  personal, or mixed, or any interest therein, which shall not be
    3-9  necessary to the carrying on of the business of the District;
   3-10              (i)  to overflow and inundate any public lands and
   3-11  public property and to require the relocation of roads and highways
   3-12  in the manner and to the extent permitted to Districts organized
   3-13  under General Law pursuant to Section 59-a of Article 16 of the
   3-14  Constitution of the State of Texas;
   3-15              (j)  to construct, extend, improve, maintain and
   3-16  reconstruct, to cause to be constructed, extended, improved,
   3-17  maintained and reconstructed, and to use and operate, any and all
   3-18  facilities of any kind necessary or convenient to the exercise of
   3-19  such powers, rights, privileges and functions;
   3-20              (k)  to sue and be sued in its corporate name;
   3-21              (l)  to make by-laws for the management and regulation
   3-22  of its affairs;
   3-23              (m)  to adopt, use and alter a corporate seal;
   3-24              (n)  to appoint officers, agents and employees, to
   3-25  prescribe their duties and to fix their compensation;
   3-26              (o)  to make contracts and to execute instruments
   3-27  necessary or convenient to the exercise of the powers, rights,
    4-1  privileges and functions conferred upon it by this Act;
    4-2              (p)  to borrow money for its corporate purposes and,
    4-3  without limitation of the generality of the foregoing, to borrow
    4-4  money and accept grants from the United States of America, and, in
    4-5  connection with any such loan or grant, to enter into such
    4-6  agreements as the United States of America or such corporation or
    4-7  agency may require; and to make and issue its negotiable bonds for
    4-8  moneys borrowed in the manner and to the extent provided in Section
    4-9  10.  Nothing in this Act shall authorize the issuance of any bonds,
   4-10  notes or other evidences of indebtedness of the District, except as
   4-11  specifically provided in this Act, and no issuance of bonds, notes
   4-12  or other evidences of indebtedness of the District, except as
   4-13  specifically provided in this Act, shall ever be authorized except
   4-14  by an Act of the Legislature;
   4-15              (q)  to do any and all other acts or things necessary
   4-16  or convenient to the exercise of the powers, rights, privileges or
   4-17  functions conferred upon it by this Act or any other Act or law;
   4-18              (r)  this district and/or the Brazos River Conservation
   4-19  and Reclamation District heretofore created by act of the
   4-20  Legislature of the State of Texas, Chapter 13, Special Laws, Second
   4-21  Called Session of the Forty-first Legislature, shall have the
   4-22  authority and it is hereby authorized to issue its negotiable
   4-23  revenue bonds secured only by pledge of the sums granted and/or
   4-24  donated by the State of Texas and/or out of any other current
   4-25  revenues of the district in any such amount as may be authorized by
   4-26  the directors of such district, which sums shall be paid to the
   4-27  legal holders of said bond;
    5-1              (s)  to appoint advisory committees the District
    5-2  considers necessary to assist the District.
    5-3        Provided further, that in creating and conferring the
    5-4  benefits of this Act on said District, it is declared as an
    5-5  essential part thereof that irrespective of any existing right or
    5-6  rights or permits issued by the Board of Water Engineers of the
    5-7  State of Texas to use the water of the Colorado River and its
    5-8  tributaries for the generation of hydro-electric power and which
    5-9  rights or permits may be acquired by the District; the impounding
   5-10  and use of the flood waters of the Colorado River and/or its
   5-11  tributaries for the generation of hydro-electric power by the
   5-12  District and/or any one who may succeed to the rights and
   5-13  privileges conferred upon it by this Act, shall be subject to the
   5-14  rights of any other person, municipal corporation or body politic
   5-15  heretofore impounding or now putting to beneficial use any such
   5-16  waters for the purposes, set forth in subdivisions (1), (2) and (3)
   5-17  of Article 7471 of the Revised Civil Statutes of the State of
   5-18  Texas, as amended by Chapter 128 of the Acts of the Forty-second
   5-19  Legislature of the State of Texas, when such other person,
   5-20  municipal corporation or body politic has heretofore received a
   5-21  permit for such use or uses from the Board of Water Engineers of
   5-22  the State of Texas, or who by law has heretofore been permitted to
   5-23  impound water for the aforesaid purposes, and nothing in this Act
   5-24  shall ever be construed so as to subject to condemnation by said
   5-25  District or any successors or by anyone who may succeed to the
   5-26  rights and privileges conferred upon it by this Act any waters
   5-27  heretofore impounded or to be impounded within or without the
    6-1  District under any law authorizing water to be impounded or under
    6-2  any permits heretofore granted or hereafter granted to a municipal
    6-3  corporation or body politic or any waters heretofore impounded or
    6-4  permitted to be impounded or used without the District under
    6-5  permits heretofore or hereafter granted to any person.
    6-6        Nothing in this Act shall be construed as depriving any
    6-7  person or municipality of the right to impound the waters of the
    6-8  Colorado River and/or its tributaries for domestic and/or municipal
    6-9  purposes, nor of repealing any law granting such rights to persons
   6-10  and municipalities.
   6-11        SECTION 2.  Sections 3(b) and (c), Chapter 126, General Laws,
   6-12  Acts of the 44th Legislature, Regular Session, 1935, are amended to
   6-13  read as follows:
   6-14        (b)  Each director shall receive a fee of Forty-five ($45.00)
   6-15  <Fifty ($50.00)> Dollars per day for each day spent in attending
   6-16  meetings of the Board.
   6-17        (c)  Until the adoption of by-laws fixing the time and place
   6-18  of regular meetings, and the manner in which special meetings may
   6-19  be called, meetings of the Board shall be held at such times and
   6-20  places as five (5) of the directors may designate in writing.  Five
   6-21  (5) directors shall constitute a quorum at any meeting, and, except
   6-22  as otherwise provided in this Act, or in the by-laws, all actions
   6-23  may be taken by the affirmative vote of a majority of the directors
   6-24  present at any such meeting, except that no contract which involves
   6-25  an amount greater than Fifteen Thousand ($15,000.00) <Ten Thousand
   6-26  ($10,000.00)> Dollars or which is to run for a longer period than a
   6-27  year, and no bonds, notes or other evidence of indebtedness and no
    7-1  amendment of the by-laws shall be valid unless authorized or
    7-2  ratified by the affirmative vote of at least five directors.
    7-3        SECTION 3.  Section 5, Chapter 126, General Laws, Acts of the
    7-4  44th Legislature, Regular Session, 1935, is amended to read as
    7-5  follows:
    7-6        Sec. 5.  The moneys of the District shall be disbursed only
    7-7  on checks, drafts, orders or other instruments signed by such
    7-8  persons as shall be authorized to sign the same by the by-laws, or
    7-9  resolution concurred in by not less than five directors.  The
   7-10  General Manager, the Treasurer and all other officers, agents and
   7-11  employees of the District who shall be charged with the collection,
   7-12  custody or payment of any funds of the District shall give bond
   7-13  conditioned on the faithful performance of their duties and an
   7-14  accounting for all funds and property of the District coming into
   7-15  their respective hands, each of which bonds shall be in form and
   7-16  amount, but not less than Five Thousand ($5,000) Dollars, and with
   7-17  a surety (which shall be a surety company authorized to do business
   7-18  in the State of Texas) approved by the Board, and the premiums on
   7-19  such bonds shall be paid by the District and charged as an
   7-20  operating expense.  Such bonds shall be payable to the Board of
   7-21  Directors and their successors in office for the use and benefit of
   7-22  the District.
   7-23        SECTION 4.  Section 6, Chapter 126, General Laws, Acts of the
   7-24  44th Legislature, Regular Session, 1935, is amended to read as
   7-25  follows:
   7-26        Sec. 6.  The general office of the District shall be located
   7-27  by vote of a majority of Board of Directors, the county in which
    8-1  said general offices are located to constitute the domicile of the
    8-2  District and such general offices shall be in charge of the General
    8-3  Manager.  The District may open offices in other counties if
    8-4  considered necessary by the Board.  The District shall cause to be
    8-5  kept complete and accurate accounts conforming to approved methods
    8-6  of bookkeeping.  Said accounts and all contracts, documents and
    8-7  records of the District shall be kept at said principal office.
    8-8  Said accounts and contracts shall be open to public inspection at
    8-9  all reasonable times.  The Board shall cause to be made and
   8-10  completed within ninety days after the end of each calendar year,
   8-11  an audit of the books of account and financial records of the
   8-12  District for such calendar year, such audit to be made by an
   8-13  independent Certified Public Accountant or firm of Certified Public
   8-14  Accountants.  Copies of a written report of such audit certified to
   8-15  by said accountant or accountants, shall be placed and kept on file
   8-16  with the Board of Water Engineers, with the Treasurer of the State
   8-17  of Texas and at said principal office, and shall be open to public
   8-18  inspection at all reasonable times.
   8-19        SECTION 5.  The importance of this legislation and the
   8-20  crowded condition of the calendars in both houses create an
   8-21  emergency and an imperative public necessity that the
   8-22  constitutional rule requiring bills to be read on three several
   8-23  days in each house be suspended, and this rule is hereby suspended.