HBA-RBT H.B. 694 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 694
By: Denny
Natural Resources
3/5/1999
Introduced



BACKGROUND AND PURPOSE 


The Upper Trinity Regional Water District (district) was authorized and
approved by the legislature in 1989.  The district, during the nine years
that have elapsed since its creation, has carried out its constitutional
and legislative mandates to provide wholesale water and wastewater service
to its area, all of Denton County, all of the area outside of Denton County
within the boundaries of any of its member entities and the city of Irving
in a conscientious and effective manner.   The initial criteria for
admission of new members required all parties to become at least a contract
member (a member obligated to share in the administrative costs) within two
years of passage of the Act creating the district and, ten years from that
same date, to become a participatory member (a member obligated to pay both
a proportionate share of the operator and maintenance expense and a
proportion of one or more of the capital costs of a project).   

House Bill 694 clarifies the ability of the district to establish criteria
for the admission of new members and the weight to be given to their vote.
The bill also authorizes the district's board to establish rules and
regulations relating to attendance of board meetings.   
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the board of directors of the Upper
Trinity Regional Water District in SECTION 1 (Section 6, Chapter 1053, Acts
of the 71st Legislature, Regular Session, 1989) of this bill. 
 
SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 6(d), Chapter 1053, Acts of the 71st
Legislature, Regular Session, 1989, to entitle entities that contract with
the Upper Trinity Regional Water District (district) to representation on
the board of directors of the district (board) under the rules established
by the board for admission of board members and member entities.  Deletes
language providing that an entity was entitled to representation after two
years from the effective date of the Act.  Authorizes the board to
establish rules for admission of entities regarding membership on the
board, the authority of board members to vote, and the weight to be given
to votes on matters requiring a weighted vote. 

SECTION 2.  Amends Section 7, Chapter 1053, Acts of the 71st Legislature,
Regular Session, 1989, by adding Subsections (h) and (i), as follows: 

(h) Provides that any director who is not in compliance with attendance
rules established by the board will not be counted in determining whether a
quorum is present or to determine whether the eligibility requirements for
a weighted vote have been met. 

(i) Requires the secretary of the board to notify by writing the entity
which appointed a director of the director's noncompliance with attendance
rules. 

SECTION 3.  Amends Section 38(c), Chapter 1053, Acts of the 71st
Legislature, Regular Session, 1989, to provide that a petition must specify
the boundaries of a proposed subdistrict in a manner satisfactory to and
approved by the district's chief executive officer and general counsel,
rather than  specifying the metes and bounds. 

SECTION 4.  Provides that all resolutions, orders, and other acts or
attempted acts of the board relating to any election, contract, or issuance
of bonds or other obligations and the expenditure of funds in payment of
the bonds and all other governmental and proprietary actions by the board
of the district are validated in all respects and as though they originally
had been legally authorized or accomplished. 

SECTION 5.  Provides that Section 4 of this Act does not apply to
litigation pending on the effective date of this Act if the district is a
party to the litigation. 

SECTION 6.  (a) States that the proper and legal notice of the intention to
introduce this Act, setting forth its general substance, has been published
as provided by law, and the notice and a copy of this Act have been
furnished to all persons, agencies, officials, or entities to which they
are required to be furnished by the constitution and other laws of this
state, including the governor, who has submitted the notice and Act to the
Texas Natural Resource Conservation Commission (commission).   

(b) States that the commission has filed its recommendations relating to
this Act with the governor, lieutenant governor, and speaker of the house
of representatives within the required time. 

(c) States that all requirements of the constitution and laws of this state
and the rules and procedures of the legislature with respect to the notice,
introduction, and passage of this Act are fulfilled and accomplished. 

SECTION 7.  Emergency clause.
  Effective date: upon passage.