By Staples                                            H.B. No. 3354
         76R6470 MI-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of the Neches River Coordinating Council.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  FINDING.  The legislature finds that the
 1-5     coordination among the following entities in the exercise and
 1-6     performance of their rights, powers, duties, and obligations under
 1-7     special and general law will result in more effective and efficient
 1-8     exercise and performance of those rights, powers, duties, and
 1-9     obligations and provide for more effective and efficient management
1-10     of the water resources in the Neches River Basin:
1-11                 (1)  the Lower Neches Valley Authority, under Chapter
1-12     63, Acts of the 43rd Legislature, 1st Called Session, 1933 (Article
1-13     8280-103, Vernon's Texas Civil Statutes), and applicable general
1-14     law;
1-15                 (2)  the Angelina and Neches River Authority, under
1-16     Chapter 97, Acts of the 44th Legislature, Regular Session, 1935
1-17     (Article 8280-108, Vernon's Texas Civil Statutes), and applicable
1-18     general law; and
1-19                 (3)  the Upper Neches River Municipal Water Authority,
1-20     under Chapter 412, Acts of the 53rd Legislature, Regular Session,
1-21     1953 (Article 8280-157, Vernon's Texas Civil Statutes), and
1-22     applicable general law.
1-23           SECTION 2.  DEFINITIONS.  In this Act:
1-24                 (1)  "Authority" means the Lower Neches Valley
 2-1     Authority, the Angelina and Neches River Authority, or the Upper
 2-2     Neches River Municipal Water Authority.
 2-3                 (2)  "Council" means the Neches River Coordinating
 2-4     Council created by Section 3 of this Act.
 2-5           SECTION 3.  NECHES RIVER COORDINATING COUNCIL.  (a)  The
 2-6     Neches River Coordinating Council is established as an advisory
 2-7     council to the authorities.
 2-8           (b)  The council consists of the president, the vice
 2-9     president, and the general manager of each authority.
2-10           (c)  The council shall have a chairman to preside at its
2-11     meetings and a vice chairman to preside in the absence of the
2-12     chairman.  The council shall have no other officers.  The
2-13     chairmanship and the vice chairmanship rotate annually, as follows:
2-14                 (1)  beginning September 1, 1999:
2-15                       (A)  the chairman is the president of the board
2-16     of the Lower Neches Valley Authority; and
2-17                       (B)  the vice chairman is the president of the
2-18     board of the Angelina and Neches River Authority;
2-19                 (2)  beginning September 1, 2000:
2-20                       (A)  the chairman is the president of the board
2-21     of the Angelina and Neches River Authority; and
2-22                       (B)  the vice chairman is the president of the
2-23     board of the Upper Neches River Municipal Water Authority;
2-24                 (3)  beginning September 1, 2001:
2-25                       (A)  the chairman is the president of the board
2-26     of the Upper Neches River Municipal Water Authority; and
2-27                       (B)  the vice chairman is the president of the
 3-1     board of the Lower Neches Valley Authority; and
 3-2                 (4)  beginning on September 1 of each subsequent year,
 3-3     the board rotates in the order described by Subdivisions (1)-(3) of
 3-4     this subsection.
 3-5           (d)  The council may not hire employees or staff, but the
 3-6     authorities shall assist the council in carrying out its duties.
 3-7           SECTION 4.  COUNCIL MEETINGS.  (a)  The council shall meet at
 3-8     least twice a year.
 3-9           (b)  Not later than the 30th day before each council meeting,
3-10     the general manager of each authority shall submit to the council a
3-11     report of all the authority's activities, projects, and finances
3-12     and any other information the council or a member of the council
3-13     has requested in advance.  Not later than the date of the meeting
3-14     each authority shall provide to the council a copy of any
3-15     application the authority has filed with the United States, the
3-16     state, or any state or federal agency since the last council
3-17     meeting.
3-18           (c)  At its meetings, the council shall review the
3-19     activities, finances, projects, and other undertakings of each
3-20     authority and shall identify and recommend ways the authorities may
3-21     more effectively and efficiently use their assets, facilities,
3-22     employees, programs, and projects.
3-23           (d)  The council may not engage in deliberations as
3-24     contemplated in the definition of "meeting" in Section 551.001,
3-25     Government Code, and is not subject to Chapter 551, Government
3-26     Code.
3-27           SECTION 5.  ACT NOT A LIMITATION.  This Act shall not be
 4-1     construed as a limitation on the rights, powers, duties, and
 4-2     obligations of any authority or as an amendment, repeal, or other
 4-3     change in an act creating an authority.  This Act does not add to
 4-4     or subtract from the duties and responsibilities of an authority
 4-5     except as expressly stated in this Act.
 4-6           SECTION 6.  EFFECTIVE DATE.  This Act takes effect September
 4-7     1, 1999.
 4-8           SECTION 7.  EMERGENCY.  The importance of this legislation
 4-9     and the crowded condition of the calendars in both houses create an
4-10     emergency and an imperative public necessity that the
4-11     constitutional rule requiring bills to be read on three several
4-12     days in each house be suspended, and this rule is hereby suspended.