By: Shapiro S.B. No. 1770
99S0791/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the operations and board of directors of the Dallas
1-2 County Utility and Reclamation District; validating certain acts of
1-3 the 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 at least one of the following qualifications: own land
1-16 within the district subject to taxation; [or] be a qualified voter
1-17 residing within the district at the time of his qualification as a
1-18 director; be an agent, employee, officer or director of any
1-19 individual, corporation, trust, or partnership that owns or leases
1-20 real 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 the provisions of Section
2-1 49.052(a), Water Code, notwithstanding other provisions of Section
2-2 49.052, Water Code. Section 49.052, Water Code, shall be applicable
2-3 to the extent of this section and for no other purpose. All
2-4 directors' bonds shall be approved by the district's board of
2-5 directors and recorded in the official bond records of the County
2-6 Clerk of Dallas County. The five directors serving on the
2-7 effective date of this Act shall continue as directors of the
2-8 district and shall remain as directors until their successors are
2-9 duly appointed [elected] and take office on October 1, 1999.
2-10 Beginning with the first day of October, 1999, the City Council of
2-11 the City of Irving shall appoint three of the five directors for
2-12 terms of four years and two of the directors for terms of two
2-13 years. On the first day of October of all odd numbered years
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]. The City Council of the City of
2-22 Irving may remove and replace any of the directors appointed by it
2-23 at any time without cause. The city by the appointment and removal
2-24 of directors and any other action taken, except an action to
2-25 dissolve the district pursuant to state law or any other specific
2-26 action taken by the city, which action must be evidenced in
3-1 writing, directly relating to any fund, note, financial obligation,
3-2 or contractual obligation of the district, does not assume, agree
3-3 to pay, or guarantee the payment of any bond, note, or other
3-4 financial obligation or undertaking of the district, whether in the
3-5 form of securities or in other contractual forms, including the
3-6 district's bonds. [Section 50.026, Water Code, does not apply to
3-7 the district.] The directors shall establish in the district's
3-8 bylaws what shall constitute a quorum for any meeting, and a
3-9 concurrence of a majority of the quorum shall be necessary in all
3-10 district matters. The board of directors shall prescribe the
3-11 method of execution of all contracts, the signing of checks, and
3-12 the handling of any other matters approved by the board of
3-13 directors as shown in the official minutes of the district.
3-14 Annually in the month of October [After each election], the board
3-15 shall reorganize and elect new officers [as soon as practicable].
3-16 The board of directors may designate one or more assistant
3-17 secretaries and an assistant treasurer, who may but need not be a
3-18 member of the board of directors. The secretary of the board of
3-19 directors or one of the assistant secretaries shall be responsible
3-20 for keeping the minutes of the meetings of the board of directors
3-21 and all official records of the board and may certify to any action
3-22 taken by the board of directors. Each member of the board of
3-23 directors shall receive a per diem payment of $50 per regular or
3-24 special board or committee meeting and shall be reimbursed for
3-25 actual expenses approved by the board of directors. The board of
3-26 directors shall hold regular and special meetings at such times and
4-1 on such dates as the board shall determine upon giving of notice as
4-2 required by the district's 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 Subsection (d), Section 59, Article XVI,
4-11 Texas Constitution, have been met and accomplished in due course
4-12 and time and in due order and that the legislature has the
4-13 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, all bonds and other obligations issued by the district,
4-17 and the expenditure of funds in payment or satisfaction thereof,
4-18 all sales and donations of assets, all tax rate reduction
4-19 agreements, and all governmental and proprietary actions are
4-20 validated, ratified, and confirmed. All bonds voted and all
4-21 maintenance taxes authorized at elections held within the district
4-22 may be issued, levied, and collected by the board of directors of
4-23 the district without the necessity of any further elections.
4-24 SECTION 5. If any provision of this Act or its application
4-25 to any person or circumstance is held invalid, the invalidity does
4-26 not affect other provisions or applications of this Act that can be
5-1 given effect without the invalid provision or application, and to
5-2 this end the provisions of this Act are declared to be severable.
5-3 All the terms and provisions of this Act are to be liberally
5-4 construed to effectuate the purposes, powers, rights, functions,
5-5 and authorities herein set forth.
5-6 SECTION 6. This Act takes effect September 1, 1999.
5-7 SECTION 7. The importance of this legislation and the
5-8 crowded condition of the calendars in both houses create an
5-9 emergency and an imperative public necessity that the
5-10 constitutional rule requiring bills to be read on three several
5-11 days in each house be suspended, and this rule is hereby suspended.