1-1 By: Shapiro S.B. No. 1770
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 19, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 19, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1770 By: Armbrister
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the powers, administration, financing, and validation
1-11 of certain actions of the Dallas County Utility and Reclamation
1-12 District.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 5, Chapter 628, Acts of the 68th
1-15 Legislature, Regular Session, 1983, is amended to read as follows:
1-16 Sec. 5. All powers of the district shall be exercised by a
1-17 board of five directors. Each director shall serve for his term of
1-18 office as herein provided and thereafter until his successor shall
1-19 be appointed and qualified. If any director ceases to possess the
1-20 qualifications prescribed herein, his office shall be declared
1-21 vacant by the board of directors and his successor shall be
1-22 appointed by the City Council of the City of Irving [remaining
1-23 directors]. Each director shall be at least 18 years of age and
1-24 possess one of the following qualifications: own land within the
1-25 district subject to taxation; [or] be a qualified voter residing
1-26 within the district at the time of his qualification as a
1-27 director; be an agent, employee, officer, or director of any
1-28 individual, corporation, trust, or partnership that owns or leases
1-29 real property within the district; or be a resident of the City of
1-30 Irving and shall qualify by subscribing the constitutional oath of
1-31 office and by giving bond in the amount of $5,000 for the faithful
1-32 performance of his duties. At least three of the five directors
1-33 shall be qualified as directors under Section 49.052(a), Water
1-34 Code, without consideration of any exceptions from that subsection
1-35 provided by other provisions of Section 49.052, Water Code.
1-36 Section 49.052, Water Code, applies to the extent of this section
1-37 and for no other purpose. All directors' bonds shall be approved
1-38 by the district's board of directors and recorded in the official
1-39 bond records of the County Clerk of Dallas County. The five
1-40 directors serving on the effective date of this Act shall continue
1-41 as directors of the district and shall remain as directors until
1-42 their successors are duly appointed [elected] and take office on
1-43 October 1, 1999. Beginning with the first day of October, 1999,
1-44 the City Council of the City of Irving shall appoint three
1-45 directors for terms of four years and two directors for terms of
1-46 two years. On the first day of October of each odd-numbered year
1-47 [Saturday in May, 1990, and on the first Saturday in each May]
1-48 thereafter, the [all five] directors whose terms expire shall be
1-49 appointed by the City Council of the City of Irving [elected at an
1-50 election] and shall serve for a term of four years [one year] and
1-51 until their successors are appointed [elected] and take office.
1-52 All vacancies on the board of directors shall be filled by
1-53 appointment to the unexpired term by the City Council of the City
1-54 of Irving [remaining directors. Section 50.026, Water Code, does
1-55 not apply to the district]. The City Council of the City of Irving
1-56 may remove and replace any director it appoints at any time without
1-57 cause. The city by its appointment and removal of directors and
1-58 any other action taken, except the action to dissolve the district
1-59 under state law or any other specific action taken by the city,
1-60 which action must be evidenced in writing, directly relating to any
1-61 bond, note, financial obligation, or contractual obligation of the
1-62 district, does not assume, agree to pay, or guarantee the payment
1-63 of any bond, note, or other financial obligation or undertaking of
1-64 the district, whether in the form of securities or in other
2-1 contractual forms, including the district's bonds. The directors
2-2 shall establish in the district's bylaws what shall constitute a
2-3 quorum for any meeting, and a concurrence of a majority of the
2-4 quorum shall be necessary in all district matters. The board of
2-5 directors shall prescribe the method of execution of all contracts,
2-6 the signing of checks, and the handling of any other matters
2-7 approved by the board of directors as shown in the official minutes
2-8 of the district. Annually in the month of October [After each
2-9 election], the board shall reorganize and elect new officers as
2-10 soon as practicable. The board of directors may designate one or
2-11 more assistant secretaries and an assistant treasurer, who may but
2-12 need not be a member of the board of directors. The secretary of
2-13 the board of directors or one of the assistant secretaries shall be
2-14 responsible for keeping the minutes of the meetings of the board of
2-15 directors and all official records of the board and may certify to
2-16 any action taken by the board of directors. Each member of the
2-17 board of directors shall receive a per diem payment of $50 for each
2-18 regular or special board or committee [per] meeting and shall be
2-19 reimbursed for actual expenses approved by the board of directors.
2-20 The board of directors shall hold regular and special meetings at
2-21 such times and on such dates as the board shall determine upon
2-22 giving of notice as required by the district's bylaws.
2-23 SECTION 2. Section 14, Chapter 628, Acts of the 68th
2-24 Legislature, Regular Session, 1983, is amended to read as follows:
2-25 Sec. 14. The district shall obtain the approval of the City
2-26 of Irving in the form of a city council resolution as a condition
2-27 precedent to the annexation of any additional land and the approval
2-28 of the district's annual operation and maintenance budget.
2-29 SECTION 3. (a) The organization of the Dallas County
2-30 Utility and Reclamation District and all elections held, all
2-31 contracts executed, and all bonds and other obligations issued by
2-32 the district, and the expenditure of funds in payment or
2-33 satisfaction thereof, all sales and donations of assets, all tax
2-34 rate reduction agreements, and all governmental and proprietary
2-35 actions are hereby in all things validated, ratified, and confirmed
2-36 in all respects as if the actions had been done as authorized by
2-37 law.
2-38 (b) All bonds heretofore voted and all maintenance taxes
2-39 heretofore authorized at elections held within the district may be
2-40 issued, levied, and collected by the board of directors of the
2-41 district without the necessity of any further elections with
2-42 respect thereto.
2-43 SECTION 4. (a) The proper and legal notice of the intention
2-44 to introduce this Act, setting forth the general substance of this
2-45 Act, has been published as provided by law, and the notice and a
2-46 copy of this Act have been furnished to all persons, agencies,
2-47 officials, or entities to which they are required to be furnished
2-48 by the constitution and other laws of this state, including the
2-49 governor, who has submitted the notice and Act to the Texas Natural
2-50 Resource Conservation Commission.
2-51 (b) The Texas Natural Resource Conservation Commission has
2-52 filed its recommendations relating to this Act with the governor,
2-53 lieutenant governor, and speaker of the house of representatives
2-54 within the required time.
2-55 (c) All requirements of the constitution and laws of this
2-56 state and the rules and procedures of the legislature with respect
2-57 to the notice, introduction, and passage of this Act are fulfilled
2-58 and accomplished.
2-59 SECTION 5. Section 3 of this Act does not apply to an act,
2-60 proceeding, election, bond, or obligation the validity of which is
2-61 the subject of litigation that is pending on the effective date of
2-62 this Act.
2-63 SECTION 6. The importance of this legislation and the
2-64 crowded condition of the calendars in both houses create an
2-65 emergency and an imperative public necessity that the
2-66 constitutional rule requiring bills to be read on three several
2-67 days in each house be suspended, and this rule is hereby suspended,
2-68 and that this Act take effect and be in force from and after its
2-69 passage, and it is so enacted.
3-1 * * * * *