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.