By: Nelson S.B. No. 835
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. Subsection (d), Section 6, Chapter 1053, Acts of
1-7 the 71st Legislature, Regular Session, 1989, is amended to read as
1-8 follows:
1-9 (d) Those entities that contract with the district after
1-10 March 13, 2000, [two years from the effective date of this Act] are
1-11 entitled to representation on the board only pursuant to the rules
1-12 established by the board for the admission of board members and
1-13 member entities. For admission of entities, the board may
1-14 establish rules regarding:
1-15 (1) membership on the board;
1-16 (2) the authority of board members to vote; and
1-17 (3) the weight to be given to votes on matters
1-18 requiring a weighted vote.
1-19 SECTION 2. Subsection (c), Section 21, Chapter 1053, Acts of
1-20 the 71st Legislature, Regular Session, 1989, is amended to read as
1-21 follows:
1-22 (c) The district may not exercise the power of eminent
1-23 domain to acquire:
1-24 (1) any property located in a municipality located in
1-25 whole or in part in the district [county] without the prior consent
2-1 by resolution of the governing body of the municipality in which
2-2 [whose] jurisdiction of the subject property is located, except for
2-3 the purpose of acquiring easements for pipeline purposes in
2-4 municipalities that had not appointed a director who serves on the
2-5 board or who served on the board on January 1, 2001;
2-6 (2) any property located outside the county to be used
2-7 as a water supply reservoir without the consent of the county or
2-8 counties in which the reservoir is to be located;
2-9 (3) any property owned by the county, any
2-10 municipality, or any agency or instrumentality of a county or
2-11 municipality; or
2-12 (4) a waterworks system or a wastewater system that is
2-13 owned by a municipality, a political subdivision of the state,
2-14 private parties, or a nonprofit corporation.
2-15 SECTION 3. Section 27, Chapter 1053, Acts of the 71st
2-16 Legislature, Regular Session, 1989, is amended by adding
2-17 Subsections (d) through (h) to read as follows:
2-18 (d) Under a contract with a county, municipality, or water
2-19 district, the district may adopt and enforce rules applicable in
2-20 the boundaries of that county, municipality, or water district and
2-21 in other areas under the jurisdiction of the county, municipality,
2-22 or water district to:
2-23 (1) preserve and protect the quality and sanitary
2-24 condition of all water, sanitary sewage, and storm water that may
2-25 affect a water supply of the county, municipality, or water
2-26 district or the district or the waters of the state; or
3-1 (2) prevent waste or unauthorized use of water,
3-2 sanitary sewage, or storm water under the jurisdiction of a county,
3-3 municipality, or water district or the district.
3-4 (e) Rules adopted under Subsection (d) of this section:
3-5 (1) may not exceed the authority of the county,
3-6 municipality, or water district;
3-7 (2) must be consistent with and no more stringent than
3-8 state or federal requirements;
3-9 (3) must conform to the terms of the contract; and
3-10 (4) are not applicable within a municipality that is
3-11 not a party to the contract or does not consent to the rules being
3-12 applicable within the municipality.
3-13 (f) The district shall publish once a week for two
3-14 consecutive weeks in one or more newspapers with general
3-15 circulation in the district a notice of the substance of the rules
3-16 adopted under Subsection (d) of this section and of any penalties
3-17 for a violation of the rules.
3-18 (g) A penalty for a violation of the rules may not take
3-19 effect before the fifth day after the date of the second
3-20 publication of the notice.
3-21 (h) A violation of a rule adopted under this section is a
3-22 Class C misdemeanor.
3-23 SECTION 4. Subsection (c), Section 38, Chapter 1053, Acts of
3-24 the 71st Legislature, Regular Session, 1989, is amended to read as
3-25 follows:
3-26 (c) A petition must specify:
4-1 (1) the [metes and bounds of the] boundaries of the
4-2 proposed subdistrict in a manner satisfactory to and approved by
4-3 the district's executive director and general counsel;
4-4 (2) the general nature of the improvements to be
4-5 acquired, constructed, or otherwise implemented in the subdistrict;
4-6 (3) the necessity and feasibility of those
4-7 improvements; and
4-8 (4) the proposed method for funding those
4-9 improvements.
4-10 SECTION 5. All resolutions, orders, contracts, and other
4-11 acts or attempted acts of the board of directors of the Upper
4-12 Trinity Regional Water District relating to any election, contract,
4-13 or issuance of bonds or other obligations and the expenditure of
4-14 funds in payment of the bonds and all other governmental and
4-15 proprietary actions by the board of directors, officers, agents,
4-16 employees, and contractors of that district are validated in all
4-17 respects. All the resolutions, orders, contracts, and other acts
4-18 or attempted acts of the board of directors, officers, agents,
4-19 employees, and contractors of the Upper Trinity Regional Water
4-20 District and all elections, contracts, issuances of bonds or other
4-21 obligations, and payments of the district are valid as though they
4-22 originally had been legally authorized or accomplished.
4-23 SECTION 6. Section 5 of this Act does not apply to or affect
4-24 litigation pending on the effective date of this Act in any court
4-25 of competent jurisdiction in this state to which the Upper Trinity
4-26 Regional Water District is a party.
5-1 SECTION 7. (a) The proper and legal notice of the intention
5-2 to introduce this Act, setting forth the general substance of this
5-3 Act, has been published as provided by law, and the notice and a
5-4 copy of this Act have been furnished to all persons, agencies,
5-5 officials, or entities to which they are required to be furnished
5-6 by the constitution and other laws of this state, including the
5-7 governor, who has submitted the notice and Act to the Texas Natural
5-8 Resource Conservation Commission.
5-9 (b) The Texas Natural Resource Conservation Commission has
5-10 filed its recommendations relating to this Act with the governor,
5-11 lieutenant governor, and speaker of the house of representatives
5-12 within the required time.
5-13 (c) All requirements of the constitution and laws of this
5-14 state and the rules and procedures of the legislature with respect
5-15 to the notice, introduction, and passage of this Act are fulfilled
5-16 and accomplished.
5-17 SECTION 8. This Act takes effect immediately if it receives
5-18 a vote of two-thirds of all the members elected to each house, as
5-19 provided by Section 39, Article III, Texas Constitution. If this
5-20 Act does not receive the vote necessary for immediate effect, this
5-21 Act takes effect September 1, 2001.