SRC-ARR S.B. 1770 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1770
By: Shapiro
Natural Resources
4/4/1999
As Filed


DIGEST 

Currently, the Dallas County Utility and Reclamation District (district) is
governed by a five-member elected board of directors. A person must reside
in the district or own property in the district to hold a position on the
board. S.B. 1770 would require the Irving City Council to appoint board
members, and the members would be required to meet certain requirements. 

PURPOSE

As proposed, S.B. 1770 regulates the operations and board of directors of
the Dallas County Utility and Reclamation District, validating certain acts
of the district. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 5, Chapter 628, Acts of the 68th Legislature,
Regular Session, 1983, to require the director of the Dallas County Utility
and Reclamation District (district) to declare a vacancy by the board of
directors and his successor to be appointed by the City Council of the City
of Irving (council). Requires each director to be at least 18 years of age
and possess at least certain qualifications, including being an agent,
employee, officer or director of any individual, corporation, trust, or
partnership that owns or leases real property within the district, or be a
resident of the City of Irving. Requires at least three of the five
directors to be qualified as director under the provisions of Section
49.052(a), Water Code. Requires Section 49.052, Water Code, to be
applicable to the extent of this section and for no other purpose. Requires
the five directors to remain as directors until their successors are duly
appointed, rather than elected, and take office on October 1, 1999.
Requires the council to appoint three of the five directors for terms of
four years and two of the directors for terms of two years, beginning with
the first day of October, 1999. Requires the directors whose terms expire
to be appointed by the  council, rather than elected at an election, and
shall serve for a term of four years, rather than one year until their
successor are appointed. Requires all vacancies on the board of directors
to be filled by appointment to the unexpired term by the council rather
than remaining directors. Authorizes the council to remove and replace any
of the directors appointed by it at any time without cause. Provides that
the city by the appointment and removal of directors and any other action
taken, except an action to dissolve the district pursuant to state law or
any other specific action taken by the city, which action must be evidenced
in writing, directly relating to any fund, note, financial obligation or
contractual obligation of the district, does not assume, agree to pay, or
guarantee the payment of certain financial obligations, whether in the form
of securities or in other contractual forms, including the district's
bonds. Requires the board, annually in the month of October, to reorganize
and elect new officers. Requires each member of the board of directors to
receive a per diem payment of $50 per regular or special board or committee
meeting.  

SECTION 2. Amends Section 14, Chapter 628, Acts of the 68th Legislature,
Regular Session, 1983, to require the district to obtain the approval of
the City of Irving in the form of a city council resolution as a condition
precedent to the annexation of any additional land and the approval of its
annual operation and maintenance budget.  

SECTION 3. Provides that the legislature specifically finds and declares
that the requirements of  Section 59(d), Article XVI, Texas Constitution,
have been met and accomplished in due course and time and in the due order
and that the legislature has the authority to enact this Act. 

SECTION 4. Provides that the organization of the Dallas County Utility
District and Reclamation District and all other functions and actions are
validated, ratified, and confirmed. Authorizes all bonds voted and all
maintenance taxes authorized at elections held within the district to be
issued, levied, and collected by the board of directors of the district
without the necessity of any further elections. 

SECTION 5. Severability Clause. Provides that all terms and provisions of
this Act are to be liberally construed to effectuate the purposes, powers,
rights, functions and authorities herein set forth. 

SECTION 6. Effective date: September 1, 1999.

SECTION 7. Emergency clause.