By Denny H.B. No. 1836
77R2844 SGA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the directors of the Upper Trinity Regional Water
1-3 District and the powers and duties of the district; providing a
1-4 criminal penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 6(d), Chapter 1053, Acts of the 71st
1-7 Legislature, Regular Session, 1989, is amended to read as follows:
1-8 (d) Those entities that contract with the district after
1-9 March 13, 2000, [two years from the effective date of this Act] are
1-10 entitled to representation on the board only pursuant to the rules
1-11 established by the board for the admission of board members and
1-12 member entities. For admission of entities, the board may
1-13 establish rules regarding:
1-14 (1) membership on the board;
1-15 (2) the authority of board members to vote; and
1-16 (3) the weight to be given to votes on matters
1-17 requiring a weighted vote.
1-18 SECTION 2. Section 21(c), Chapter 1053, Acts of the 71st
1-19 Legislature, Regular Session, 1989, is amended to read as follows:
1-20 (c) The district may not exercise the power of eminent
1-21 domain to acquire:
1-22 (1) any property located in a municipality that
1-23 appointed a director who serves on the board or who served on the
1-24 board on January 1, 2001, [located in whole or in part in the
2-1 county] without the prior consent by resolution of the governing
2-2 body of the municipality in whose jurisdiction the subject property
2-3 is located;
2-4 (2) any property located outside the county to be used
2-5 as a water supply reservoir without the consent of the county or
2-6 counties in which the reservoir is to be located;
2-7 (3) any property owned by the county, any
2-8 municipality, or any agency or instrumentality of a county or
2-9 municipality; or
2-10 (4) a waterworks system or a wastewater system that is
2-11 owned by a municipality, a political subdivision of the state,
2-12 private parties, or a nonprofit corporation.
2-13 SECTION 3. Section 27, Chapter 1053, Acts of the 71st
2-14 Legislature, Regular Session, 1989, is amended by adding
2-15 Subsections (d)-(h) to read as follows:
2-16 (d) Under a contract with a county, municipality, or water
2-17 district, the district may adopt and enforce rules applicable in
2-18 the boundaries of that county, municipality, or water district and
2-19 in other areas under the jurisdiction of the county, municipality,
2-20 or water district to:
2-21 (1) preserve and protect the quality and sanitary
2-22 condition of all water, sanitary sewage, and storm water that may
2-23 affect a water supply of the county, municipality, water district,
2-24 or the district, or the waters of the state; or
2-25 (2) prevent waste or unauthorized use of water,
2-26 sanitary sewage, or storm water under the jurisdiction of a county,
2-27 municipality, water district, or the district.
3-1 (e) Rules adopted under Subsection (d) of this section:
3-2 (1) may not exceed the authority of the county,
3-3 municipality, or water district; and
3-4 (2) must conform to the terms of the contract.
3-5 (f) The district shall publish once a week for two
3-6 consecutive weeks in one or more newspapers with general
3-7 circulation in the district a notice of the substance of the rules
3-8 adopted under Subsection (d) of this section and of any penalties
3-9 for a violation of the rules.
3-10 (g) A penalty for a violation of the rules may not take
3-11 effect before the fifth day after the date of the second
3-12 publication of the notice.
3-13 (h) A violation of a rule adopted under this section is a
3-14 Class C misdemeanor.
3-15 SECTION 4. Section 38(c), Chapter 1053, Acts of the 71st
3-16 Legislature, Regular Session, 1989, is amended to read as follows:
3-17 (c) A petition must specify:
3-18 (1) the [metes and bounds of the] boundaries of the
3-19 proposed subdistrict in a manner satisfactory to and approved by
3-20 the district's executive director and general counsel;
3-21 (2) the general nature of the improvements to be
3-22 acquired, constructed, or otherwise implemented in the subdistrict;
3-23 (3) the necessity and feasibility of those
3-24 improvements; and
3-25 (4) the proposed method for funding those
3-26 improvements.
3-27 SECTION 5. All resolutions, orders, contracts, and other
4-1 acts or attempted acts of the board of directors of the Upper
4-2 Trinity Regional Water District relating to any election, contract,
4-3 or issuance of bonds or other obligations and the expenditure of
4-4 funds in payment of the bonds and all other governmental and
4-5 proprietary actions by the board of directors, officers, agents,
4-6 employees, and contractors of that district are validated in all
4-7 respects. All the resolutions, orders, contracts, and other acts
4-8 or attempted acts of the board of directors, officers, agents,
4-9 employees, and contractors of the Upper Trinity Regional Water
4-10 District and all elections, contracts, issuances of bonds or other
4-11 obligations, and payments of the district are valid as though they
4-12 originally had been legally authorized or accomplished.
4-13 SECTION 6. Section 5 of this Act does not apply to or affect
4-14 litigation pending on the effective date of this Act in any court
4-15 of competent jurisdiction in this state to which the district is a
4-16 party.
4-17 SECTION 7. (a) The proper and legal notice of the intention
4-18 to introduce this Act, setting forth the general substance of this
4-19 Act, has been published as provided by law, and the notice and a
4-20 copy of this Act have been furnished to all persons, agencies,
4-21 officials, or entities to which they are required to be furnished
4-22 by the constitution and other laws of this state, including the
4-23 governor, who has submitted the notice and Act to the Texas Natural
4-24 Resource Conservation Commission.
4-25 (b) The Texas Natural Resource Conservation Commission has
4-26 filed its recommendations relating to this Act with the governor,
4-27 lieutenant governor, and speaker of the house of representatives
5-1 within the required time.
5-2 (c) All requirements of the constitution and laws of this
5-3 state and the rules and procedures of the legislature with respect
5-4 to the notice, introduction, and passage of this Act are fulfilled
5-5 and accomplished.
5-6 SECTION 8. This Act takes effect immediately if it receives
5-7 a vote of two-thirds of all the members elected to each house, as
5-8 provided by Section 39, Article III, Texas Constitution. If this
5-9 Act does not receive the vote necessary for immediate effect, this
5-10 Act takes effect September 1, 2001.