76(R) SB 1770 Senate committee report

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


Senate Research CenterC.S.S.B. 1770
76R12644 JJT-FBy: Shapiro
Natural Resources
4/19/1999
Committee Report (Substituted)


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. C.S.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, C.S.S.B. 1770 regulates the operations and board of directors
of the Dallas County Utility and Reclamation District, and validates
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 shall 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 Section 49.052(a), Water Code,
without consideration of any exceptions from that subsection provided by
other provisions of Section 49.052, Water Code. Requires Section 49.052,
Water Code, applies 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 directors for terms of four
years and two 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
director it appoints at any time without cause. Provides that the city by
appointment and removal of directors and any other action taken, except an
action to dissolve the district under state law or any other specific
action taken by the city, which action must be evidenced in writing,
directly relating to any bond, 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 for each 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 organization of the district and its
requirements are hereby in all things validated, ratified, and confirmed in
all respects as if the actions had been done as authorized by law.
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 with respect thereto.  

SECTION 4. Provides that the proper and legal notice of the intention to
introduce this Act, has been published as provided by law, and the notice
and a copy of this Act have been furnished to certain persons and
organizations to which they are required to be furnished, including the
governor, who has submitted the notice and Act to the Texas Natural
Resource Conservation Commission (TNRCC). Provides that TNRCC has filed its
recommendations related to this Act with certain persons. Provides that
certain requirements with respect to the notice, introduction, and passage,
of this Act are fulfilled and accomplished.  

SECTION 5. Provides that SECTION 3 of this Act does not apply to an act,
proceeding, election, bond, or obligation the validity of which is the
subject of litigation that is pending on the effective date of this Act.  

SECTION 6. Emergency clause.
                      Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 5, Chapter 628, Acts of the 68th Legislature, Regular
Session, 1983, regarding the directors.  

SECTION 3. 

Amends SECTION 3 to provide that the organization of the district and its
requirements 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 with respect
thereto. Deletes text regarding legislative findings.  

SECTION 4. 

Amends SECTION 4 to provide that the proper and legal notice of the
intention to introduce this Act, has been published as provided by law, and
the notice and a copy of this Act have been furnished to certain persons
and organizations to which they are required to be furnished, including the
governor, who has submitted the notice and Act to the TNRCC. Provides that
TNRCC has filed its recommendations related to this Act with certain
persons. Provides that certain requirements with respect to the notice,
introduction, and passage, of this Act are fulfilled and accomplished.
Deletes text regarding  the organization of the district and certain
functions and actions. Deletes text regarding bonds. 

SECTION 5. 

Amends SECTION 5 to provide that SECTION 3 of this Act does not apply to an
act, proceeding, election, bond, or obligation the validity of which is the
subject of litigation that is pending on the effective date of this Act.
Deletes severability clause. Deletes text regarding certain terms and
provisions of this Act. 

SECTION 6.

 Amends SECTION 6 to provide the effective date of upon passage and
emergency clause.