By Hartnett H.B. No. 3797
76R8798 E
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers, administration, financing, and validation
1-3 of certain actions of the Dallas County Utility and Reclamation
1-4 District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 5, Chapter 628, Acts of the 68th
1-7 Legislature, Regular Session, 1983, is amended to read as follows:
1-8 Sec. 5. All powers of the district shall be exercised by a
1-9 board of five directors. Each director shall serve for his term of
1-10 office as herein provided and thereafter until his successor shall
1-11 be appointed and qualified. If any director ceases to possess the
1-12 qualifications prescribed herein, his office shall be declared
1-13 vacant by the board of directors and his successor shall be
1-14 appointed by the City Council of the City of Irving [remaining
1-15 directors]. Each director shall be at least 18 years of age and
1-16 possess one of the following qualifications: own land within the
1-17 district subject to taxation ;[or] be a qualified voter residing
1-18 within the district at the time of his qualification as a
1-19 director; be an agent, employee, officer, or director of any
1-20 individual, corporation, trust, or partnership that owns or leases
1-21 real property within the district; or be a resident of the City of
1-22 Irving and shall qualify by subscribing the constitutional oath of
1-23 office and by giving bond in the amount of $5,000 for the faithful
1-24 performance of his duties. At least three of the five directors
2-1 shall be qualified as directors under the provisions of Section
2-2 49.052(a), Water Code, without consideration of any exceptions
2-3 therefrom by reason of other provisions of Section 49.052, Water
2-4 Code. Section 49.052, Water Code, shall be applicable to the
2-5 extent of this section and for no other purpose. All directors'
2-6 bonds shall be approved by the district's board of directors and
2-7 recorded in the official bond records of the County Clerk of Dallas
2-8 County. The five directors serving on the effective date of this
2-9 Act shall continue as directors of the district and shall remain as
2-10 directors until their successors are duly appointed [elected] and
2-11 take office on October 1, 1999. Beginning with the first day of
2-12 October, 1999 the City Council of the City of Irving shall appoint
2-13 three of the five directors for terms of four years and two of the
2-14 directors for terms of two years. On the first day of October of
2-15 all odd-numbered years [Saturday in May, 1990, and on the first
2-16 Saturday in each May] thereafter, the [all five] directors whose
2-17 terms expire shall be appointed by the City Council of the City of
2-18 Irving [elected at an election] and shall serve for a term of four
2-19 years [one year] and until their successors are appointed [elected]
2-20 and take office. All vacancies on the board of directors shall be
2-21 filled by appointment to the unexpired term by the City Council of
2-22 the City of Irving [remaining directors. Section 50.026, Water
2-23 Code, does not apply to the district]. The City Council of the
2-24 City of Irving may remove and replace any of the directors
2-25 appointed by it at any time without cause. The city by its
2-26 appointment and removal of directors and any other action taken,
2-27 except the action to dissolve the district pursuant to state law or
3-1 any other specific action taken by the city, which action must be
3-2 evidenced in writing, directly relating to any fund, note,
3-3 financial obligation, or contractual obligation of the district,
3-4 does not assume, agree to pay, or guarantee the payment of any
3-5 bond, note, or other financial obligation or undertaking of the
3-6 district, whether in the form of securities or in other contractual
3-7 forms, including the district's bonds. The directors shall
3-8 establish in the district's bylaws what shall constitute a quorum
3-9 for any meeting, and a concurrence of a majority of the quorum
3-10 shall be necessary in all district matters. The board of directors
3-11 shall prescribe the method of execution of all contracts, the
3-12 signing of checks, and the handling of any other matters approved
3-13 by the board of directors as shown in the official minutes of the
3-14 district. Annually in the month of October [After each election],
3-15 the board shall reorganize and elect new officers as soon as
3-16 practicable. The board of directors may designate one or more
3-17 assistant secretaries and an assistant treasurer, who may but need
3-18 not be a member of the board of directors. The secretary of the
3-19 board of directors or one of the assistant secretaries shall be
3-20 responsible for keeping the minutes of the meetings of the board of
3-21 directors and all official records of the board and may certify to
3-22 any action taken by the board of directors. Each member of the
3-23 board of directors shall receive a per diem payment of $50 per
3-24 regular and special board and committee meetings [meeting] and
3-25 shall be reimbursed for actual expenses approved by the board of
3-26 directors. The board of directors shall hold regular and special
3-27 meetings at such times and on such dates as the board shall
4-1 determine upon giving of notice as required by the district's
4-2 bylaws.
4-3 SECTION 2. Section 14, Chapter 628, Acts of the 68th
4-4 Legislature, Regular Session, 1983, is amended to read as follows:
4-5 Sec. 14. The district shall obtain the approval of the City
4-6 of Irving in the form of a city council resolution as a condition
4-7 precedent to the annexation of any additional land and the approval
4-8 of its annual operation and maintenance budget.
4-9 SECTION 3. The legislature specifically finds and declares
4-10 that the requirements of Section 59(d), Article XVI, Texas
4-11 Constitution, have been met, done, and accomplished in due course
4-12 and time and in due order and that the legislature has the power
4-13 and authority to enact this Act.
4-14 SECTION 4. The organization of the Dallas County Utility and
4-15 Reclamation District and all elections held, all contracts
4-16 executed, and all bonds and other obligations issued by the
4-17 district, and the expenditure of funds in payment or satisfaction
4-18 thereof, all sales and donations of assets, tax rate reduction
4-19 agreements, and all governmental and proprietary actions are hereby
4-20 in all things validated, ratified, and confirmed. All bonds
4-21 heretofore voted and all maintenance taxes heretofore authorized at
4-22 elections held within the district may be issued, levied, and
4-23 collected by the board of directors of the district without the
4-24 necessity of any further elections with respect thereto.
4-25 SECTION 5. If any word, phrase, clause, paragraph, sentence,
4-26 part, portion, or provision of this Act or the application thereof
4-27 to any person or circumstance shall be held to be invalid or
5-1 unconstitutional, the remainder of this Act shall nevertheless be
5-2 valid, and the legislature hereby declares that this Act would have
5-3 been enacted without such invalid or unconstitutional word, phrase,
5-4 clause, paragraph, sentence, part, portion, or provision. All the
5-5 terms and provisions of this Act are to be liberally construed to
5-6 effectuate the purposes, powers, rights, functions, and authorizes
5-7 herein set forth.
5-8 SECTION 6. The importance of this legislation and the
5-9 crowded condition of the calendars in both houses create an
5-10 emergency and an imperative public necessity that the
5-11 constitutional rule requiring bills to be read on three several
5-12 days in each house be suspended, and this rule is hereby suspended.