By Thompson H.B. No. 3230
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers duties,
1-3 operations, functions, and financing of the TGP Water Authority.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. CREATION OF AUTHORITY. Pursuant to Article XVI,
1-6 Section 59, of the Texas Constitution, a conservation and
1-7 reclamation district is hereby created in Harris County, Texas to
1-8 be known as the TGP Water Authority. The TGP Water Authority is a
1-9 governmental agency and a body politic and corporate.
1-10 SECTION 2. DEFINITIONS. In this Act:
1-11 (1) "Authority" means the TGP Water Authority
1-12 (2) "Board" means the board of directors of the
1-13 Authority.
1-14 (3) "Person" means an individual, corporation,
1-15 organization, political subdivision or agency, business trust,
1-16 estate, trust, partnership, joint venture, association, or any
1-17 other legal entity.
1-18 SECTION 3. BOUNDARIES. The Authority is created, without
1-19 the necessity of any confirmation election, to include the land
1-20 presently within the boundaries of the following conservation and
1-21 reclamation districts: Tidwell Timbers Municipal Utility District,
1-22 Greenwood Municipal Utility District, and Parkway Municipal Utility
1-23 District.
2-1 SECTION 4. GENERAL POWERS AND DUTIES. (a) The Authority
2-2 may exercise all of the rights, powers, privileges, authority and
2-3 functions provided herein, as well as those set out in the
2-4 following provisions of the Water Code: Subchapters C, D, E, and F
2-5 of Chapter 54. If any provisions of the laws cited in this
2-6 subsection are in conflict or inconsistent with any provision of
2-7 this Act, this Act prevails.
2-8 (b) The Authority may acquire surface and underground water
2-9 supplies from sources both inside and outside the boundaries of the
2-10 Authority and may conserve, store, transport, treat, purify,
2-11 distribute, sell and deliver water to persons inside and outside
2-12 the boundaries of the Authority.
2-13 (c) The Authority may purchase, construct, lease, or
2-14 otherwise acquire property, works, facilities, and improvements,
2-15 including existing as well as new works, facilities, and
2-16 improvements inside or outside the boundaries of the Authority,
2-17 necessary to carry out the rights, powers, and authority granted by
2-18 this Act and general law. Construction contracts of the Authority
2-19 shall be competitively bid as required by and in accordance with
2-20 Sections 271.021-271.071, Local Government Code.
2-21 (d) The Authority may enter into contracts with any persons
2-22 within or outside the boundaries of the Authority, on terms and
2-23 conditions the Board considers desirable for the performance of its
2-24 rights, powers, or authority under this Act. The contracts may
2-25 provide that they will continue in effect until bonds issued by the
3-1 Authority to finance the cost of facilities authorized by this Act,
3-2 and refunding bonds issued in lieu of those bonds, are paid.
3-3 Section 402.014, Local Government Code, applies to any contract
3-4 between the Authority and any city.
3-5 (e) The Authority may enter into contracts with others for
3-6 the supply or transport of water and may act jointly with others in
3-7 the performance of all functions and purposes of the Authority.
3-8 (f) No election is required by the Authority for approval of
3-9 contacts to carry out the general powers and duties of the
3-10 Authority.
3-11 (g) The Authority may acquire water rights under any law or
3-12 permit.
3-13 SECTION 5. WATER CONSERVATION PROGRAM. The Authority shall
3-14 adopt and implement a program of water conservation consistent with
3-15 rules and criteria duly adopted and enforceable by the Texas Water
3-16 Development Board for similarly situated entities in the region.
3-17 SECTION 6. EXCLUSION OF LAND. Upon mutual agreement between
3-18 the Board and the governing body of a political subdivision, the
3-19 land within a political subdivision may be excluded from the
3-20 Authority. Subsequent to any exclusion, the Authority shall notify
3-21 the City of Houston and the Harris-Galveston Coastal Subsidence
3-22 District of the political subdivision that was excluded. If a
3-23 political subdivision is excluded from the Authority, that
3-24 political subdivision shall no longer be represented on the Board
3-25 of the Authority as set out in Sections 9 and 10 of this Act.
4-1 SECTION 7. ANNEXATION. (a) Upon petition by its governing
4-2 board, and approval by the Authority's Board, all the land of a
4-3 political subdivision may be annexed to the Authority; provided,
4-4 however, consent from the City of Houston must be obtained prior to
4-5 adoption of the annexation order or resolution of the Authority's
4-6 Board.
4-7 (b) A political subdivision may be annexed to the Authority
4-8 either before or after bonds of the Authority are issued, and the
4-9 boundary change will not affect the validity of any such bonds.
4-10 (c) Section 43.071, Local Government Code, shall not apply
4-11 to the annexation of all or part of the Authority by the City of
4-12 Houston.
4-13 SECTION 8. TAXES; OTHER DISTRICTS. The Authority may not
4-14 impose, levy, assess, or collect taxes on any property, and the
4-15 Authority may not issue bonds or create indebtedness that would be
4-16 payable directly from ad valorem taxes levied by the Authority.
4-17 SECTION 9. INITIAL BOARD. (a) On the effective date of
4-18 this Act, the following shall constitute the initial Board of the
4-19 Authority:
4-20 (1) Three appointees from Tidwell Timbers Municipal
4-21 Utility District;
4-22 (2) Three appointees from Greenwood Municipal Utility
4-23 District; and
4-24 (3) Three appointees from Parkway Municipal Utility
4-25 District.
5-1 (b) The designation of each initial appointee shall be made
5-2 by resolution of the governing body of each of the above political
5-3 subdivisions as soon as is practicable following the effective date
5-4 of this Act. The resolution shall include the name of the
5-5 appointee, and the term of office for that appointee. Each
5-6 political subdivision shall initially appoint one member for a term
5-7 of 3 years, one for a term of 2 years and one for a term of 1 year.
5-8 SECTION 10. BOARD OF DIRECTORS. (a) After creation of the
5-9 Authority, the Board of Directors shall manage and control the
5-10 Authority.
5-11 (b) Terms of members of the Board shall be three years,
5-12 ending December 31 of the third year. Notwithstanding their terms
5-13 of appointment, any director may be removed with or without cause
5-14 at any time by resolution of the governing body of the political
5-15 subdivision by which such director was appointed. Successor
5-16 directors shall be appointed to serve the remaining term as
5-17 described in Subsection (d) of this section.
5-18 (c) The initial members shall meet and organize as soon as
5-19 practicable after the effective date of this Act and shall file
5-20 their official bonds and subscribe to the constitutional oath of
5-21 office. A director shall continue to serve in such capacity until
5-22 the director's successor is appointed and has taken the oath of
5-23 office.
5-24 (d) A vacancy in the office of director, whether caused by
5-25 the death, removal, disqualification, or resignation, or the
6-1 expiration of the term of office, shall be filled by appointment of
6-2 the governing body of the political subdivision that appointed the
6-3 director vacating the office.
6-4 (e) For each new political subdivision annexed to the
6-5 Authority, the Authority shall add three members to the Board to
6-6 represent that political subdivision to be appointed by the
6-7 governing body of that political subdivision.
6-8 (f) Each calendar year before April 1, the Board shall elect
6-9 a president, vice-president, secretary, and any other officers the
6-10 Board considers desirable. The president shall preside over
6-11 meetings of the Board. The vice-president shall preside in the
6-12 absence of the president. All directors shall be voting members of
6-13 the Board. The president, vice-president, secretary, and other
6-14 officers shall perform the duties and may exercise the powers
6-15 specifically given them by this Act and by resolution or order of
6-16 the Board.
6-17 (g) The Board may adopt bylaws consistent with this Act that
6-18 may be amended as necessary for the management and operation of the
6-19 Authority.
6-20 (h) To be qualified to serve as a member of the Board, a
6-21 director must be a resident of the State of Texas over 21 years of
6-22 age.
6-23 (i) A majority of the directors constitutes a quorum for
6-24 transaction of business, and the concurrence of a majority of
6-25 directors is required for any Board action to be taken. At least
7-1 one director from each represented political subdivision must be
7-2 present to constitute a quorum, and at least one director from each
7-3 represented political subdivision must vote with the majority for
7-4 any Board action to be taken.
7-5 SECTION 11. EMPLOYEES. The Board may employ a general
7-6 manager and such other employees as may be required, under such
7-7 terms and with such responsibilities as may be determined by the
7-8 Board; however, a director may not serve as both a director and as
7-9 the general manager or an employee of the Authority.
7-10 SECTION 12. GENERAL FINANCIAL AUTHORITY. (a) The Authority
7-11 may reimburse, from general revenues, bond proceeds, or other
7-12 available funds, any persons for all reasonable expenses incurred
7-13 in connection with the creation and establishment of the Authority,
7-14 including publication costs, legal fees, engineering fees, charges
7-15 for the services of other consultants, and other incidental costs.
7-16 (b) The Authority may borrow money from time to time to
7-17 carry out any of the powers and duties granted to the Authority
7-18 under this Act by:
7-19 (1) issuing and selling negotiable or nonnegotiable
7-20 notes and providing the terms and conditions of those notes and
7-21 rights of the holders of such notes payable from and secured by the
7-22 sources described in this Act;
7-23 (2) issuing and selling revenue bonds without the
7-24 necessity of any election and providing the terms and conditions of
7-25 such bonds and the rights of the holders of such bonds payable from
8-1 and secured by the sources described in this Act; and
8-2 (3) selling or delivering such notes or bonds to the
8-3 United States or any agency or instrumentality of the United States
8-4 or to the State of Texas or any agency or instrumentality of the
8-5 State of Texas when it is determined by the Board to be in the best
8-6 interest of the Authority.
8-7 (c) All Authority deposits and investments shall be governed
8-8 by Chapter 2256, Government Code (the Public Funds Investment Act)
8-9 and Chapter 2257, Government Code (the Public Funds Collateral
8-10 Act).
8-11 (d) The Authority may apply for, accept, and administer
8-12 grants, loans, and other assistance from the United States and any
8-13 agency or instrumentality of this state or any other state to carry
8-14 out the purpose of this Act and may enter into any agreement in
8-15 relation to those grants, loans, or other assistance that is not in
8-16 conflict with the constitution of this state.
8-17 (e) The Authority may:
8-18 (1) fix, charge, alter, and collect reasonable
8-19 rentals, rates, fees, and other charges for the use of any
8-20 facilities or for any services rendered by the Authority, that may
8-21 vary depending upon the type of service provided or the type of
8-22 customer receiving the service;
8-23 (2) provide the imposition of reasonable penalties for
8-24 any rentals, rates, fees, and charges that are delinquent; and
8-25 (3) comply with any duty to fix, charge, alter, and
9-1 collect the rentals, rates, fees, and charges sufficient to fulfill
9-2 any agreement with the holders of bonds or notes issued under this
9-3 Act.
9-4 SECTION 13. BONDS AND NOTES. The bonds of the Authority
9-5 shall be sold by either negotiated sale or competitive bid, and
9-6 issued in compliance with the Bond Procedures Act of 1981 (Article
9-7 717k-6, Vernon's Texas Civil Statutes). The bonds of the
9-8 Authority, other than refunding bonds, shall be issued subject to
9-9 the review and approval of the Texas Natural Resource Conservation
9-10 Commission unless such bonds are approved by, or sold to, any other
9-11 agency of the United States or of the State of Texas.
9-12 SECTION 14. FACILITIES; EMINENT DOMAIN. (a) The Authority
9-13 may construct, lay, maintain, and operate canals, laterals,
9-14 ditches, levees, pipelines, bridges, and all other facilities for
9-15 the conservation, transportation, treatment, purification, and
9-16 distribution of water together with service roads and all other
9-17 facilities incidental to and designated for use in connection with
9-18 the transportation, treatment, purification, and distribution of
9-19 water under, along, and across any railroad, railroad right-of-way,
9-20 canal, stream, pipeline, utility line, streets or alleys in cities
9-21 and public roads and highways.
9-22 (b) The Authority may exercise the power of eminent domain
9-23 to acquire by condemnation a fee simple or any other interest in
9-24 property located inside or outside the Authority if the property
9-25 interest is necessary or desirable for the exercise of the powers
10-1 conferred by this Act. The Authority must exercise the power of
10-2 eminent domain in the manner provided by Chapter 21, Property Code,
10-3 but the Authority is not required to deposit with the trial court
10-4 any money or bond, including bonds as provided by Section
10-5 21.021(a), Property Code.
10-6 (c) If the Authority, in the exercise of the power of
10-7 eminent domain or power of relocation or any other power granted
10-8 under this Act, makes necessary the relocation, raising, lowering,
10-9 rerouting, or changing the grade of or altering the construction of
10-10 any highway, railroad, electric transmission or distribution line,
10-11 telegraph or telephone properties and facilities, or pipeline, the
10-12 Authority shall accomplish this necessary relocation, raising,
10-13 lowering, rerouting, changing of grade, or alteration of
10-14 construction at the sole expense of the Authority. The term "sole
10-15 expense" means the actual cost of relocation, raising, lowering,
10-16 rerouting, change in grade, or alteration of construction in
10-17 providing comparable replacement facilities, after deducting from
10-18 the actual cost the net salvage value derived from the old
10-19 facility.
10-20 (d) The Authority is not required to give bond for appeal or
10-21 bond for costs in any condemnation suit or any other suit to which
10-22 it may be a party.
10-23 SECTION 15. AUTHORITY OFFICE AND MEETINGS. The Board may
10-24 designate and establish one or more offices for the Authority and
10-25 one or more meeting places for the Board of Directors within or
11-1 outside the Authority's boundaries.
11-2 SECTION 16. EMERGENCY. The importance of this legislation
11-3 and the crowded condition of the calendars in both houses create an
11-4 emergency and an imperative public necessity that the
11-5 constitutional rule requiring bills to be read on three several
11-6 days in each house be suspended, and this rule is hereby suspended,
11-7 and that this Act take effect and be in force from and after its
11-8 passage, and it is so enacted.