1-1 By: Nelson S.B. No. 835
1-2 (In the Senate - Filed February 21, 2001; February 22, 2001,
1-3 read first time and referred to Committee on Natural Resources;
1-4 March 8, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; March 8, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 835 By: Lucio
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the directors of the Upper Trinity Regional Water
1-11 District and the powers and duties of the district; providing a
1-12 criminal penalty.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subsection (d), Section 6, Chapter 1053, Acts of
1-15 the 71st Legislature, Regular Session, 1989, is amended to read as
1-16 follows:
1-17 (d) Those entities that contract with the district after
1-18 March 13, 2000, [two years from the effective date of this Act] are
1-19 entitled to representation on the board only pursuant to the rules
1-20 established by the board for the admission of board members and
1-21 member entities. For admission of entities, the board may
1-22 establish rules regarding:
1-23 (1) membership on the board;
1-24 (2) the authority of board members to vote; and
1-25 (3) the weight to be given to votes on matters
1-26 requiring a weighted vote.
1-27 SECTION 2. Subsection (c), Section 21, Chapter 1053, Acts of
1-28 the 71st Legislature, Regular Session, 1989, is amended to read as
1-29 follows:
1-30 (c) The district may not exercise the power of eminent
1-31 domain to acquire:
1-32 (1) any property located in a municipality located in
1-33 whole or in part in the district [county] without the prior consent
1-34 by resolution of the governing body of the municipality in which
1-35 [whose] jurisdiction of the subject property is located, except for
1-36 the purpose of acquiring easements for pipeline purposes in
1-37 municipalities that had not appointed a director who serves on the
1-38 board or who served on the board on January 1, 2001;
1-39 (2) any property located outside the county to be used
1-40 as a water supply reservoir without the consent of the county or
1-41 counties in which the reservoir is to be located;
1-42 (3) any property owned by the county, any
1-43 municipality, or any agency or instrumentality of a county or
1-44 municipality; or
1-45 (4) a waterworks system or a wastewater system that is
1-46 owned by a municipality, a political subdivision of the state,
1-47 private parties, or a nonprofit corporation.
1-48 SECTION 3. Section 27, Chapter 1053, Acts of the 71st
1-49 Legislature, Regular Session, 1989, is amended by adding
1-50 Subsections (d) through (h) to read as follows:
1-51 (d) Under a contract with a county, municipality, or water
1-52 district, the district may adopt and enforce rules applicable in
1-53 the boundaries of that county, municipality, or water district and
1-54 in other areas under the jurisdiction of the county, municipality,
1-55 or water district to:
1-56 (1) preserve and protect the quality and sanitary
1-57 condition of all water, sanitary sewage, and storm water that may
1-58 affect a water supply of the county, municipality, or water
1-59 district or the district or the waters of the state; or
1-60 (2) prevent waste or unauthorized use of water,
1-61 sanitary sewage, or storm water under the jurisdiction of a county,
1-62 municipality, or water district or the district.
1-63 (e) Rules adopted under Subsection (d) of this section:
1-64 (1) may not exceed the authority of the county,
2-1 municipality, or water district;
2-2 (2) must be consistent with and no more stringent than
2-3 state or federal requirements;
2-4 (3) must conform to the terms of the contract; and
2-5 (4) are not applicable within a municipality that is
2-6 not a party to the contract or does not consent to the rules being
2-7 applicable within the municipality.
2-8 (f) The district shall publish once a week for two
2-9 consecutive weeks in one or more newspapers with general
2-10 circulation in the district a notice of the substance of the rules
2-11 adopted under Subsection (d) of this section and of any penalties
2-12 for a violation of the rules.
2-13 (g) A penalty for a violation of the rules may not take
2-14 effect before the fifth day after the date of the second
2-15 publication of the notice.
2-16 (h) A violation of a rule adopted under this section is a
2-17 Class C misdemeanor.
2-18 SECTION 4. Subsection (c), Section 38, Chapter 1053, Acts of
2-19 the 71st Legislature, Regular Session, 1989, is amended to read as
2-20 follows:
2-21 (c) A petition must specify:
2-22 (1) the [metes and bounds of the] boundaries of the
2-23 proposed subdistrict in a manner satisfactory to and approved by
2-24 the district's executive director and general counsel;
2-25 (2) the general nature of the improvements to be
2-26 acquired, constructed, or otherwise implemented in the subdistrict;
2-27 (3) the necessity and feasibility of those
2-28 improvements; and
2-29 (4) the proposed method for funding those
2-30 improvements.
2-31 SECTION 5. All resolutions, orders, contracts, and other
2-32 acts or attempted acts of the board of directors of the Upper
2-33 Trinity Regional Water District relating to any election, contract,
2-34 or issuance of bonds or other obligations and the expenditure of
2-35 funds in payment of the bonds and all other governmental and
2-36 proprietary actions by the board of directors, officers, agents,
2-37 employees, and contractors of that district are validated in all
2-38 respects. All the resolutions, orders, contracts, and other acts
2-39 or attempted acts of the board of directors, officers, agents,
2-40 employees, and contractors of the Upper Trinity Regional Water
2-41 District and all elections, contracts, issuances of bonds or other
2-42 obligations, and payments of the district are valid as though they
2-43 originally had been legally authorized or accomplished.
2-44 SECTION 6. Section 5 of this Act does not apply to or affect
2-45 litigation pending on the effective date of this Act in any court
2-46 of competent jurisdiction in this state to which the Upper Trinity
2-47 Regional Water District is a party.
2-48 SECTION 7. (a) The proper and legal notice of the intention
2-49 to introduce this Act, setting forth the general substance of this
2-50 Act, has been published as provided by law, and the notice and a
2-51 copy of this Act have been furnished to all persons, agencies,
2-52 officials, or entities to which they are required to be furnished
2-53 by the constitution and other laws of this state, including the
2-54 governor, who has submitted the notice and Act to the Texas Natural
2-55 Resource Conservation Commission.
2-56 (b) The Texas Natural Resource Conservation Commission has
2-57 filed its recommendations relating to this Act with the governor,
2-58 lieutenant governor, and speaker of the house of representatives
2-59 within the required time.
2-60 (c) All requirements of the constitution and laws of this
2-61 state and the rules and procedures of the legislature with respect
2-62 to the notice, introduction, and passage of this Act are fulfilled
2-63 and accomplished.
2-64 SECTION 8. This Act takes effect immediately if it receives
2-65 a vote of two-thirds of all the members elected to each house, as
2-66 provided by Section 39, Article III, Texas Constitution. If this
2-67 Act does not receive the vote necessary for immediate effect, this
2-68 Act takes effect September 1, 2001.
3-1 * * * * *