SRC-SEW S.B. 1335 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1335
2001S0707/1By: Brown, J.  E.  "Buster"
Natural Resources
3/21/2001
As Filed


DIGEST AND PURPOSE 

During the last legislative interim, the Senate Interim Committee on
Natural Resources conducted a review of the missions and roles of Texas
river authorities, including their powers and duties, financing, fee
structures, service areas, board compositions, relationships with other
river authorities, competition with private sector service providers,
communities served, and their roles in and contributions to the state's
water plan.  That review, along with various subsequent committee
recommendations, has been compiled into a comprehensive report and
submitted to the 77th Legislature.   

One of the committee recommendations was the codification of all existing
river authority enabling statutes into a new title or chapter in the Texas
Water Code, since each of the river authorities is established and operates
pursuant to its own statute, which currently can be found only in the
session laws.  Also, there are no general law provisions for the creation
of river authorities, and there is no general purpose definition of a
"river authority."    Other committee recommendations include:  providing
for an enhanced level of state review or oversight for all river
authorities; establishing a sequential schedule for river authority
reviews; and providing for specific legislative amendments as requested by
individual river authorities to their own enabling statutes.  

As a result of the committee report, as proposed, S.B. 1335 moves 33
existing river authority enabling statutes into a new Title 5, Water Code,
with a new chapter for each river authority; eliminates provisions no
longer operative in the original enabling statutes; updates existing
language in the statutes; provides for the consideration of specific
requested legislative amendments; establishes the Texas Water Policy
Council to provide guidance and direction on state water policy
initiatives; and provides for a state-level review of river authorities
according to a five-year schedule.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Water Policy Council
in SECTION 4 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the Water Code by adding Title 6 to consolidate in one
title those statutes relating to assorted water districts, water
authorities, river authorities, and make various nonsubstantive and
conforming changes.  The districts and authorities included in Title 6 are: 

Chapter           Entity
Page 
221Bexar-Medina-Atascosa Counties
  Water Improvement District No. 1 .   2

222Tarrant Regional Water District7

223Titus County Fresh Water Supply District No. 123

251Angelina and Neches River Authority28

 252 Brazos River Authority52

253Canadian River Municipal Water Authority73

254Central Colorado River Authority107

255Colorado River Municipal Water District131

256Dallas County Utility and Reclamation District158

257Franklin County Water District178

258Guadalupe-Blanco River Authority195

259Gulf Coast Water Authority222

260Lavaca-Navidad River Authority236

261Lower Colorado River Authority253

262Lower Neches Valley Authority288

263Mackenzie Municipal Water Authority314

264North Central Texas Municipal Water Authority339

265North Harris County Regional Water Authority362

266North Texas Municipal Water District382

267Northeast Texas Municipal Water District415

268Nueces River Authority440

269Red River Authority of Texas480

270Sabine River Authority of Texas508

271San Antonio River Authority541

272San Jacinto River Authority596

273Sulphur River Basin Authority624

274Sulphur River Municipal Water District655

275Trinity River Authority of Texas678

276Upper Colorado River Authority767

277Upper Guadalupe River Authority790

278Upper Neches River Municipal Water Authority803

279West Central Texas Municipal Water District837
 
280White River Municipal Water District869


SECTION 2.  Amends Title 2A, Water Code, by adding Chapter 9, as follows:

CHAPTER 9. TEXAS WATER POLICY COUNCIL

 Sec. 9.001. DEFINITION. Defines "authority," "board," "commission," and
"council." 

Sec. 9.002. CREATION AND MEMBERSHIP. Provides that the Texas Water Policy
Council (council) is composed of certain members. Prohibits council members
from delegating participation or council duties to staff.  

Sec. 9.003. TERMS. Provides that council members, except for the
commissioner of agriculture, who are officials of state agencies serve
terms as determined by the chairman of each agency. Provides that council
members who are members of the general public serve staggered six-year
terms with the term of one member expiring at a certain date. Authorizes
council members to be reappointed to serve additional terms. Requires a
vacancy on the council to be filled by appointment by the original
appointing authority for the unexpired term. 

Sec. 9.004. OFFICERS OF THE COUNCIL. Requires the governor to appoint a
council member as the chair of the council for a certain term expiring at a
certain date. Requires the council to have a secretary of the council who,
by virtue of the position, is to be a full-time employee of the Texas
Natural Resource Conservation Commission (commission) but to serve at the
pleasure of the council and be accountable only to the council. 

Sec. 9.005. COUNCIL STAFF. Requires the commission and the Texas Water
Development Board (TWDB), on request of the council, to provide any staff
rather than the secretary of the council necessary to assist the council in
the performance of its duties. 
 
Sec. 9.006. MEETINGS. Requires the council to meet at certain times.
Requires four members to constitute a quorum sufficient to conduct meetings
and the business of the council. Provides that the council is subject to
Chapters 551 (Open Meetings) and Chapter 2001 (Administrative Procedure),
Government Code. 

Sec. 9.007. COMPENSATION OF MEMBERS. Requires members of the council to
serve without compensation but authorizes them to be reimbursed by
legislative appropriation for actual and necessary expenses related to the
performance of council duties. Requires reimbursement under this section to
be subject to the approval of the chair. 

Sec. 9.008. POWERS AND DUTIES OF COUNCIL. Requires the council to perform
certain duties. Prohibits the council from performing certain acts.
Requires the council to evaluate the need for and, if appropriate, develop
a strategy for reorganizing or improving the efficiency of local, regional,
and state water management entities and agencies. 

Sec. 9.009. REPORT. Requires the council, not later than December 1 of each
even-numbered year, to submit a report to certain persons with primary
responsibilities over water resource management and financing. Requires the
report to include findings of the council made in the periodic reviews of
authorities during the preceding two-year period and any other findings and
recommendations the council considers necessary. 

Sec. 9.010. REVIEW OF AUTHORITIES. Requires the council, on a five-year
cycle, to review authorities based on the administrative policies provided
by Section 9.012 and performance standards described in Section 9.011.
Requires the reviews to be conducted of groups described in this section,
with group 1 being reviewed at the council's first quarterly  meeting of
the five-year period and group 2 being reviewed at the council's third
quarterly meeting of the period. Requires the council to continue in
numerical order to review one group at every other quarterly meeting until
all ten groups have been reviewed and then to recommence the cycle.
Requires authorities to be reviewed under this section in certain groups. 

Sec. 9.011. PERFORMANCE STANDARDS. Requires the council to review and
assess an authority described by Section 9.010 according to whether the
authority meets certain criteria. Requires the council in addition to the
review and assessment considerations under this section to consider whether
certain criteria is developed. Requires an authority, prior to its
five-year review under Section 9.010, to assess its compliance with the
standards described by this section and to report the results to the
council for use during the review. 

Sec. 9.012. ADMINISTRATIVE POLICIES FOR AUTHORITIES. Requires each
authority subject to this chapter to submit to the council a copy of its
administrative policies and any subsequent amendments adopted by its board.
Requires the council to file copies of the administrative policies and to
make them available for public inspection. Authorizes the council to
request additional documents from an authority or inspect records at the
office of the authority to determine compliance with the adopted
administrative policies. Requires certain provisions to be incorporated
into the administrative policies adopted by the authorities subject to
these rules. 

Sec. 9.013. GIFTS AND GRANTS. Authorizes the council to accept gifts and
grants from any source to carry out the purpose of the chapter. Provides
that the use of gifts and grants other than legislative appropriations is
subject only to limitations contained in the gift or grant. 

Sec. 9.014. FUNDING. Provides that the interagency water policy account is
a special account in the general revenue fund. Provides that the
interagency water policy account consists of legislative appropriations,
gifts, and grants received under Section 9.013, and other money required by
law to be deposited in the account. Authorizes funds in the interagency
water policy account to be used only as provided by this chapter. 

Sec. 9.015. CONTINUING RIGHT OF SUPERVISION. Requires that nothing in this
chapter affect the continuing right of supervising river authorities by the
commission as provided by Section 12.081. 

SECTION 3.  Repealers:
 
Chapter 97, Acts of the 44th Legislature, Regular Session, 1935 (Angelina
and Neches River Authority); 

Chapter 13, Special Laws,  Acts of the 41st Legislature, 2nd Called
Session, 1929 (Brazos River Authority); 

Chapter 243, Acts of the 53rd Legislature, Regular Session, 1953 (Canadian
River Municipal Water Authority); 
  
Chapter 338, General Laws, Acts of the 44th Legislature, Regular Session,
1935 (Central Colorado River Authority); 

Chapter 340, Acts of the 51st Legislature, Regular Session, 1949 (Colorado
River Municipal Water District); 
  
Chapter 628, Acts of the 68th Legislature, Regular Session, 1983 (Dallas
County Utility and Reclamation District); 

 Chapter 719, Acts of the 59th Legislature, Regular Session, 1965 (Franklin
County Water District); 

Chapter 75, Acts of the 43rd Legislature, 1st Called Session, 1933
(Guadalupe-Blanco River Authority); 

Chapter 712, Acts of the 59th Legislature, Regular Session, 1965 (Gulf
Coast Water Authority); 

Chapter 186, Acts of the 50th Legislature, Regular Session, 1947
(Lavaca-Navidad River Authority); 

Chapter 7, Acts of the 43rd Legislature, 4th Called Session, 1934 (Lower
Colorado River Authority); 

Chapter 63, Acts of the 43rd Legislature, 1st Called Session, 1933 (Lower
Neches Valley Authority); 
   
Chapter 277, Acts of the 59th Legislature, Regular Session, 1965 (Mackenzie
Municipal Water Authority); 

Chapter 86, Acts of the 55th Legislature, Regular Session, 1957 (North
Central Texas Municipal Water Authority); 

Chapter 1029, Acts of the 76th Legislature, Regular Session, 1999 (North
Harris County Regional Water Authority); 

Chapter 62, Acts of the 52nd Legislature, Regular Session, 1951 (North
Texas Municipal Water District); 
  
Chapter 78, Acts of the 53rd Legislature, Regular Session, 1953 (Northeast
Texas Municipal Water District); 

Chapter 427, Acts of the 44th Legislature, 1st Called Session, 1935 (Nueces
River Authority); 

Chapter 279, Acts of the 56th Legislature, Regular Session, 1959 (Red River
Authority of Texas); 

Chapter 110, Acts of the 51st Legislature, Regular Session, 1949 (Sabine
River Authority); 

Chapter 9, page 1083, Special Laws, Acts of the 46th Legislature, Regular
Session, 1939 (San Antonio River Authority); 

Chapter 426, Acts of the 45th Legislature, Regular Session, 1937 (San
Jacinto River Authority); 

Chapter 3, Acts of the 69th Legislature, 1st Called Session, 1985 (Sulphur
River Basin Authority); 

Chapter 212, Acts of the 54th Legislature, Regular Session, 1955 (Sulphur
River Municipal Water District); 

Chapter 518, Acts of the 54th Legislature, Regular Session, 1955 (Trinity
River  Authority of Texas); 

Chapter 126, Acts of the 44th Legislature, Regular Session, 1935 (Upper
Colorado River Authority); 

Chapter 5, page 1062, Special Laws, Acts of the 46th Legislature, Regular
Session, 1939 (Upper Guadalupe River Authority); 

Chapter 412, Acts of the 53rd Legislature, Regular Session, 1953 (Upper
Neches River Municipal Water Authority); 

Chapter 66, Acts of the 54th Legislature, Regular Session, 1955 (West
Central Texas Municipal Water District); 

Chapter 221, Acts of the 55th Legislature, Regular Session, 1957 (White
River Municipal Water District). 


SECTION 4.  Requires the Texas Water Policy Council, as created by this
Act, not later than January 1, 2002, to adopt rules necessary to implement
the provisions of Chapter 9, Water Code, as added by this Act.  Requires
the Texas Water Policy Council to review the first group described under
Section 9.010, Water Code, as added by this Act, at the third quarterly
meeting held by the council. 

SECTION 5.  (a)  Prohibits the change in law made by Section 1 of this Act
from affecting the application of the provisions of Subtitle A, Title 9,
Government Code, to any district or authority created under Section 59,
Article XVI, or Section 52, Article III, Texas Constitution, and subject to
Title 6, Water Code, as added by this Act, or to the bonds of any such
district or authority of the provisions applied to the district or
authority or to the bonds immediately before the effective date of this
Act. 

(b)  Prohibits the change in law made by Section 1 of this Act from
affecting the terms, requirements, or procedures applicable to any bonds
issued before the effective date of this Act of any district or authority
created under Section 59, Article XVI, or Section 52, Article III, Texas
Constitution, and subject to Title 6, Water Code, as added by this Act.
Such bonds are governed by the law in effect  immediately before the
effective date of this Act, and that law continues in effect as to those
bonds for that purpose. 

SECTION 6.  Provides that nothing in this Act affects the term of office of
a member of a board of directors subject to Title 6, Water Code, as added
by this Act, who is serving on the board of directors on the effective date
of this Act. 

SECTION 7.  Provides that a transition or saving provision of a law
codified by this Act applies to the codified law to the same extent as it
applied to the original law.  Provides that the repeal of a transition or
saving provision by this Act does not affect the application of the
provision to the codified law. Provides that, in this section, "transition
provision" includes any temporary provision providing for a special
situation in the transition period between the existing law and the
establishment or implementation of the new law. 

SECTION 8.  Effective date:  September 1, 2001.