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.