AN ACT
1-1 relating to the powers, administration, financing, and validation
1-2 of certain actions of the Dallas County Utility and Reclamation
1-3 District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5, Chapter 628, Acts of the 68th
1-6 Legislature, Regular Session, 1983, is amended to read as follows:
1-7 Sec. 5. All powers of the district shall be exercised by a
1-8 board of five directors. Each director shall serve for his term of
1-9 office as herein provided and thereafter until his successor shall
1-10 be appointed and qualified. If any director ceases to possess the
1-11 qualifications prescribed herein, his office shall be declared
1-12 vacant by the board of directors and his successor shall be
1-13 appointed by the City Council of the City of Irving [remaining
1-14 directors]. Each director shall be at least 18 years of age and
1-15 possess one of the following qualifications: own land within the
1-16 district subject to taxation; [or] be a qualified voter residing
1-17 within the district at the time of his qualification as a director;
1-18 be an agent, employee, officer, or director of any individual,
1-19 corporation, trust, or partnership that owns or leases real
1-20 property within the district; or be a resident of the City of
1-21 Irving and shall qualify by subscribing the constitutional oath of
1-22 office and by giving bond in the amount of $5,000 for the faithful
1-23 performance of his duties. At least three of the five directors
1-24 shall be qualified as directors under Section 49.052(a), Water
2-1 Code, without consideration of any exceptions from that subsection
2-2 provided by other provisions of Section 49.052, Water Code.
2-3 Section 49.052, Water Code, applies to the extent of this section
2-4 and for no other purpose. All directors' bonds shall be approved
2-5 by the district's board of directors and recorded in the official
2-6 bond records of the County Clerk of Dallas County. The five
2-7 directors serving on the effective date of this Act shall continue
2-8 as directors of the district and shall remain as directors until
2-9 their successors are duly appointed [elected] and take office on
2-10 October 1, 1999. Beginning with the first day of October, 1999,
2-11 the City Council of the City of Irving shall appoint three
2-12 directors for terms of four years and two directors for terms of
2-13 two years. On the first day of October of each odd-numbered year
2-14 [Saturday in May, 1990, and on the first Saturday in each May]
2-15 thereafter, the [all five] directors whose terms expire shall be
2-16 appointed by the City Council of the City of Irving [elected at an
2-17 election] and shall serve for a term of four years [one year] and
2-18 until their successors are appointed [elected] and take office.
2-19 All vacancies on the board of directors shall be filled by
2-20 appointment to the unexpired term by the City Council of the City
2-21 of Irving [remaining directors. Section 50.026, Water Code, does
2-22 not apply to the district]. The City Council of the City of Irving
2-23 may remove and replace any director it appoints at any time without
2-24 cause. The city by its appointment and removal of directors and
2-25 any other action taken, except the action to dissolve the district
2-26 under state law or any other specific action taken by the city,
3-1 which action must be evidenced in writing, directly relating to any
3-2 bond, note, financial obligation, or contractual obligation of the
3-3 district, does not assume, agree to pay, or guarantee the payment
3-4 of any bond, note, or other financial obligation or undertaking of
3-5 the district, whether in the form of securities or in other
3-6 contractual forms, including the district's bonds. The directors
3-7 shall establish in the district's bylaws what shall constitute a
3-8 quorum for any meeting, and a concurrence of a majority of the
3-9 quorum shall be necessary in all district matters. The board of
3-10 directors shall prescribe the method of execution of all contracts,
3-11 the signing of checks, and the handling of any other matters
3-12 approved by the board of directors as shown in the official minutes
3-13 of the district. Annually in the month of October [After each
3-14 election], the board shall reorganize and elect new officers as
3-15 soon as practicable. The board of directors may designate one or
3-16 more assistant secretaries and an assistant treasurer, who may but
3-17 need not be a member of the board of directors. The secretary of
3-18 the board of directors or one of the assistant secretaries shall be
3-19 responsible for keeping the minutes of the meetings of the board of
3-20 directors and all official records of the board and may certify to
3-21 any action taken by the board of directors. Each member of the
3-22 board of directors shall receive a per diem payment of $50 for each
3-23 regular or special board or committee [per] meeting and shall be
3-24 reimbursed for actual expenses approved by the board of directors.
3-25 The board of directors shall hold regular and special meetings at
3-26 such times and on such dates as the board shall determine upon
4-1 giving of notice as required by the district's bylaws.
4-2 SECTION 2. Section 14, Chapter 628, Acts of the 68th
4-3 Legislature, Regular Session, 1983, is amended to read as follows:
4-4 Sec. 14. The district shall obtain the approval of the City
4-5 of Irving in the form of a city council resolution as a condition
4-6 precedent to the annexation of any additional land and the approval
4-7 of the district's annual operation and maintenance budget.
4-8 SECTION 3. (a) The organization of the Dallas County
4-9 Utility and Reclamation District and all elections held, all
4-10 contracts executed, and all bonds and other obligations issued by
4-11 the district, and the expenditure of funds in payment or
4-12 satisfaction thereof, all sales and donations of assets, all tax
4-13 rate reduction agreements, and all governmental and proprietary
4-14 actions are hereby in all things validated, ratified, and confirmed
4-15 in all respects as if the actions had been done as authorized by
4-16 law.
4-17 (b) All bonds heretofore voted and all maintenance taxes
4-18 heretofore authorized at elections held within the district may be
4-19 issued, levied, and collected by the board of directors of the
4-20 district without the necessity of any further elections with
4-21 respect thereto.
4-22 SECTION 4. (a) The proper and legal notice of the intention
4-23 to introduce this Act, setting forth the general substance of this
4-24 Act, has been published as provided by law, and the notice and a
4-25 copy of this Act have been furnished to all persons, agencies,
4-26 officials, or entities to which they are required to be furnished
5-1 by the constitution and other laws of this state, including the
5-2 governor, who has submitted the notice and Act to the Texas Natural
5-3 Resource Conservation Commission.
5-4 (b) The Texas Natural Resource Conservation Commission has
5-5 filed its recommendations relating to this Act with the governor,
5-6 lieutenant governor, and speaker of the house of representatives
5-7 within the required time.
5-8 (c) All requirements of the constitution and laws of this
5-9 state and the rules and procedures of the legislature with respect
5-10 to the notice, introduction, and passage of this Act are fulfilled
5-11 and accomplished.
5-12 SECTION 5. Section 3 of this Act does not apply to an act,
5-13 proceeding, election, bond, or obligation the validity of which is
5-14 the subject of litigation that is pending on the effective date of
5-15 this Act.
5-16 SECTION 6. The importance of this legislation and the
5-17 crowded condition of the calendars in both houses create an
5-18 emergency and an imperative public necessity that the
5-19 constitutional rule requiring bills to be read on three several
5-20 days in each house be suspended, and this rule is hereby suspended,
5-21 and that this Act take effect and be in force from and after its
5-22 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1770 passed the Senate on
May 3, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1770 passed the House on
May 19, 1999, by the following vote: Yeas 143, Nays 0, two present
not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor