By Denny H.B. No. 694
76R2664 WP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the directors of the Upper Trinity Regional Water
1-3 District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 6(d), Chapter 1053, Acts of the 71st
1-6 Legislature, Regular Session, 1989, is amended to read as follows:
1-7 (d) Those entities that contract with the district [after
1-8 two years from the effective date of this Act] are entitled to
1-9 representation on the board only pursuant to the rules established
1-10 by the board for the admission of board members and member
1-11 entities. For admission of entities, the board may establish rules
1-12 regarding:
1-13 (1) membership on the board;
1-14 (2) the authority of board members to vote; and
1-15 (3) the weight to be given to votes on matters
1-16 requiring a weighted vote.
1-17 SECTION 2. Section 7, Chapter 1053, Acts of the 71st
1-18 Legislature, Regular Session, 1989, is amended by adding
1-19 Subsections (h) and (i) to read as follows:
1-20 (h) Any director who is not in compliance with attendance
1-21 rules established by the board will not be counted:
1-22 (1) in determining whether a quorum is present; or
1-23 (2) to determine whether the eligibility requirements
1-24 for a weighted vote have been met.
2-1 (i) The secretary of the board shall give written
2-2 notification of a director's noncompliance with the attendance
2-3 rules to the entity that appointed the director.
2-4 SECTION 3. Section 38(c), Chapter 1053, Acts of the 71st
2-5 Legislature, Regular Session, 1989, is amended to read as follows:
2-6 (c) A petition must specify:
2-7 (1) the [metes and bounds of the] boundaries of the
2-8 proposed subdistrict in a manner satisfactory to and approved by
2-9 the district's chief executive officer and general counsel;
2-10 (2) the general nature of the improvements to be
2-11 acquired, constructed, or otherwise implemented in the subdistrict;
2-12 (3) the necessity and feasibility of those
2-13 improvements; and
2-14 (4) the proposed method for funding those
2-15 improvements.
2-16 SECTION 4. All resolutions, orders, and other acts or
2-17 attempted acts of the board of directors of the Upper Trinity
2-18 Regional Water District relating to any election, contract, or
2-19 issuance of bonds or other obligations and the expenditure of funds
2-20 in payment of the bonds and all other governmental and proprietary
2-21 actions by the board of directors of that district are validated in
2-22 all respects. All the resolutions, orders, and other acts or
2-23 attempted acts of the board of directors of the Upper Trinity
2-24 Regional Water District and all elections, contracts, issuances of
2-25 bonds or other obligations, and payments of the district are valid
2-26 as though they originally had been legally authorized or
2-27 accomplished.
3-1 SECTION 5. Section 4 of this Act does not apply to or affect
3-2 litigation pending on the effective date of this Act in any court
3-3 of competent jurisdiction in this state to which the district is a
3-4 party.
3-5 SECTION 6. (a) The proper and legal notice of the intention
3-6 to introduce this Act, setting forth the general substance of this
3-7 Act, has been published as provided by law, and the notice and a
3-8 copy of this Act have been furnished to all persons, agencies,
3-9 officials, or entities to which they are required to be furnished
3-10 by the constitution and other laws of this state, including the
3-11 governor, who has submitted the notice and Act to the Texas Natural
3-12 Resource Conservation Commission.
3-13 (b) The Texas Natural Resource Conservation Commission has
3-14 filed its recommendations relating to this Act with the governor,
3-15 lieutenant governor, and speaker of the house of representatives
3-16 within the required time.
3-17 (c) All requirements of the constitution and laws of this
3-18 state and the rules and procedures of the legislature with respect
3-19 to the notice, introduction, and passage of this Act are fulfilled
3-20 and accomplished.
3-21 SECTION 7. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended,
3-26 and that this Act take effect and be in force from and after its
3-27 passage, and it is so enacted.