1-1 By: Nelson S.B. No. 1657
1-2 (In the Senate - Filed April 19, 1995; April 19, 1995, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 28, 1995, reported favorably by the following vote: Yeas 8,
1-5 Nays 0; April 28, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the boundaries of the Upper Trinity Regional Water
1-9 District, to weighted voting by contracting entities, and to the
1-10 validation of certain actions of the district.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsection (c), Section 4, Chapter 1053, Acts of
1-13 the 71st Legislature, Regular Session, 1989, is amended to read as
1-14 follows:
1-15 (c) The boundaries of the district are coterminous with the
1-16 boundaries of the county plus the entire area in the boundaries of
1-17 any contract member or participating member, a portion of whose
1-18 incorporated limits is partially in the boundaries of the county as
1-19 those boundaries existed on the effective date of this Act, and
1-20 including the area within the boundaries of the City of Irving,
1-21 Dallas County, Texas.
1-22 SECTION 2. Chapter 1053, Acts of the 71st Legislature,
1-23 Regular Session, 1989, is amended by adding Section 4A to read as
1-24 follows:
1-25 Sec. 4A. EXPANSION OF BOUNDARIES. (a) The boundaries of
1-26 the district may be expanded to include the area within the
1-27 boundaries of the City of Irving, Dallas County, Texas, if the
1-28 district and the City of Irving execute a contract member's
1-29 contract or a participating member's contract not later than the
1-30 second anniversary of the effective date of this section.
1-31 (b) Approval of a contract member's contract between the
1-32 district and the City of Irving requires a three-quarters majority
1-33 vote of the district's board of directors. Approval of a
1-34 participating member's contract between the district and the City
1-35 of Irving requires a three-quarters majority vote of the weighted
1-36 vote of all directors eligible to vote.
1-37 SECTION 3. Section 7, Chapter 1053, Acts of the 71st
1-38 Legislature, Regular Session, 1989, is amended by adding Subsection
1-39 (g) to read as follows:
1-40 (g) Regardless of the date on which an entity became a
1-41 member, the entity is not entitled to a number of weighted votes
1-42 that exceeds 25 percent of the weighted votes of all directors
1-43 eligible to vote for a capital project.
1-44 SECTION 4. All resolutions, orders, and other acts or
1-45 attempted acts of the board of directors of the Upper Trinity
1-46 Regional Water District relating to any election, contract, or
1-47 issuance of bonds or other obligations and the expenditure of funds
1-48 in payment of the bonds and all other governmental and proprietary
1-49 actions by the board of directors of that district are validated in
1-50 all respects. All the resolutions, orders, and other acts or
1-51 attempted acts of the board of directors of the Upper Trinity
1-52 Regional Water District and all elections, contracts, issuances of
1-53 bonds or other obligations, and payments of the district are valid
1-54 as though they originally had been legally authorized or
1-55 accomplished.
1-56 SECTION 5. Section 4 of this Act does not apply to or affect
1-57 litigation pending on the effective date of this Act in any court
1-58 of competent jurisdiction in this state to which the district is a
1-59 party.
1-60 SECTION 6. The importance of this legislation and the
1-61 crowded condition of the calendars in both houses create an
1-62 emergency and an imperative public necessity that the
1-63 constitutional rule requiring bills to be read on three several
1-64 days in each house be suspended, and this rule is hereby suspended,
1-65 and that this Act take effect and be in force from and after its
1-66 passage, and it is so enacted.
1-67 * * * * *