By Nelson                                              S.B. No. 385
         76R2662 WP-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the contracting power of the Upper Trinity Regional
 1-3     Water District.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 27, Chapter 1053, Acts of the 71st
 1-6     Legislature, Regular Session, 1989, is amended by adding
 1-7     Subsections (d)-(h) to read as follows:
 1-8           (d)  Under a contract with a county, municipality, or water
 1-9     district, the district may adopt and enforce rules  applicable in
1-10     the boundaries of that county, municipality, or water district and
1-11     in other areas under the jurisdiction of the county, municipality,
1-12     or water district to:
1-13                 (1)  preserve and protect the quality and sanitary
1-14     condition of all water, sanitary sewage and storm water that may
1-15     affect a water supply of the county, municipality, water district,
1-16     the  district, or the state; or
1-17                 (2)  prevent waste or unauthorized use of water,
1-18     sanitary sewage, or storm water under the jurisdiction of a county,
1-19     municipality, water district, or the district.
1-20           (e)  Rules adopted under Subsection (d) of this section:
1-21                 (1)  may not exceed the authority of the county,
1-22     municipality, or water district; and
1-23                 (2)  must conform to the terms of the contract.
1-24           (f)  The district shall publish once a week for two
 2-1     consecutive weeks in one or more newspapers with general
 2-2     circulation in the district a notice of the substance of the rules
 2-3     adopted under Subsection (d) of this section and of any penalties
 2-4     for a violation of the rules.
 2-5           (g)  A penalty for a violation of the rules may not take
 2-6     effect before the fifth day after the date of the second
 2-7     publication of the notice.
 2-8           (h)  A violation of a rule adopted under this section is a
 2-9     Class C misdemeanor.
2-10           SECTION 2.  All resolutions, orders, and other acts or
2-11     attempted acts of the board of directors of the Upper Trinity
2-12     Regional Water District relating to any election, contract, or
2-13     issuance of bonds or other obligations and the expenditure of funds
2-14     in payment of the bonds and all other governmental and proprietary
2-15     actions by the board of directors of that district are validated in
2-16     all respects. All the resolutions, orders, and other acts or
2-17     attempted acts of the board of directors of the Upper Trinity
2-18     Regional Water District and all elections, contracts, issuances of
2-19     bonds or other obligations, and payments of the district are valid
2-20     as though they originally had been legally authorized or
2-21     accomplished.
2-22           SECTION 3.  Section 2 of this Act does not apply to or affect
2-23     litigation pending on the effective date of this Act in any court
2-24     of competent jurisdiction in this state to which the district is a
2-25     party.
2-26           SECTION 4.   (a) The proper and legal notice of the intention
2-27     to introduce this Act, setting forth the general substance of this
 3-1     Act, has been published as provided by law, and the notice and a
 3-2     copy of this Act have been furnished to all persons, agencies,
 3-3     officials, or entities to which they are required to be furnished
 3-4     by the constitution and other laws of this state, including the
 3-5     governor, who has submitted the notice and Act to the Texas Natural
 3-6     Resource Conservation Commission.
 3-7           (b)  The Texas Natural Resource Conservation Commission has
 3-8     filed its recommendations relating to this Act with the governor,
 3-9     lieutenant governor, and speaker of the house of representatives
3-10     within the required time.
3-11           (c)  All requirements of the constitution and laws of this
3-12     state and the rules and procedures of the legislature with respect
3-13     to the notice, introduction, and passage of this Act are fulfilled
3-14     and accomplished.
3-15           SECTION 5.  The importance of this legislation and the
3-16     crowded condition of the calendars in both houses create an
3-17     emergency and an imperative public necessity that the
3-18     constitutional rule requiring bills to be read on three several
3-19     days in each house be suspended, and this rule is hereby suspended,
3-20     and that this Act take effect and be in force from and after its
3-21     passage, and it is so enacted.