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.