SRC-TAG S.B. 1935 78(R) BILL ANALYSIS Senate Research CenterS.B. 1935 By: Fraser Natural Resources 6/29/2003 Enrolled DIGEST AND PURPOSE Currently river authorities' enabling statues are found in the General and Special Laws of Texas (commonly referred to as session law). This becomes challenging when trying to determine the powers and duties of a river authority. S.B. 1935 codifies the session laws regarding the Lower Colorado River Authority and the Brazos River Authority into a new title in the Water Code, with a new chapter for each river authority. The codification eliminates provisions no longer operative in the original enabling statutes and updates existing language in the statutes. RULEMAKING AUTHORITY Rulemaking authority is granted to the board of the Brazos River Authority in SECTION 1 (Section 221.016, Water Code) of this bill. Rulemaking authority is expressly granted to the Lower Colorado River Authority in SECTION 1 (Sections 222.004 and 222.018, Water Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends the Water Code, by adding Title 6, as follows: TITLE 6. SURFACE WATER AUTHORITIES SUBTITLE A. GENERAL PROVISIONS CHAPTER 201. GENERAL PROVISIONS Sec. 201.001. DEFINITION. [Reserves Chapters 202 to 220 for expansion.] SUBTITLE B. LOCAL LAW SURFACE WATER AUTHORITIES CHAPTER 221. BRAZOS RIVER AUTHORITY Sec. 221.001. CREATION. Sec. 221.002. DEFINITIONS. Sec. 221.003. TERRITORY. Sec. 221.004. POWERS. Sec. 221.005. LIMITATION OF AUTHORITY; STATE SUPERVISION. Sec. 221.006. DAMS AND RESERVOIRS; WATER SUPPLY CONTRACTS. Sec. 221.007. PRIORITY OF RIGHTS. Sec. 221.008. BOND PROVISIONS. Sec. 221.009. BOARD OF DIRECTORS; BONDS; QUORUM; OFFICERS. Sec. 221.010. CREATION OF MASTER DISTRICT; WATER CONTROL AND IMPROVEMENT DISTRICT. Sec. 221.011. BOND ELECTION REQUIRED. Sec. 221.012. ADDITIONAL POWERS AND DUTIES. Sec. 221.013. DISPOSITION OF PROPERTY. Sec. 221.014. ACQUISITION OF PROPERTY; EMINENT DOMAIN. Sec. 221.015. CONTRACTS, GRANTS, AND LOANS. Sec. 221.016. RULES. Sec. 221.017. USE OF BRAZOS RIVER AND TRIBUTARIES. Sec. 221.018. DEFAULT PROCEDURES. Sec. 221.019. LIMITED LIABILITY FOR AQUATIC HERBICIDE APPLICATION. CHAPTER 222. LOWER COLORADO RIVER AUTHORITY Sec. 222.001. CREATION. Sec. 222.002. DEFINITIONS. Sec. 222.003. TERRITORY. Sec. 222.004. POWERS AND DUTIES. Sec. 222.005. LIMITATIONS OF AUTHORITY. Sec. 222.006. BOARD OF DIRECTORS. Sec. 222.007. OFFICERS; GENERAL MANAGER; EMPLOYEES. Sec. 222.008. DISBURSEMENT OF FUNDS; SURETY BONDS. Sec. 222.009. OFFICE; RECORDS. Sec. 222.010. CONFLICT OF INTEREST. Sec. 222.011. RATES AND CHARGES. Sec. 222.012. PAYMENT OF DEBTS. Sec. 222.013. ISSUANCE OF BONDS. Sec. 222.014. DEFAULT PROCEDURES. Sec. 222.015. AUDIT. Sec. 222.016. AUTHORITY AS CONSERVATION AND RECLAMATION DISTRICT Sec. 222.017. BONDS AS NEGOTIABLE INSTRUMENTS. Sec. 222.018. ADDITIONAL POWERS RELATING TO CONTRACTS, RULES, AND REGULATIONS. Sec. 222.019. PURCHASE OF BONDS. Sec. 222.020. DISPOSITION OF PROPERTY. Sec. 222.021. PROPERTY AGREEMENTS WITH CITY OF AUSTIN. Sec. 222.022. PROPERTY USEFUL IN THE PRODUCTION OR UTILIZATION OF ELECTRIC ENERGY. Sec. 222.023. PUBLIC ACCESS. Sec. 222.024. BONDS EXEMPT FROM TAXATION. Sec. 222.025. SOURCE OF AUTHORITY. Sec. 222.026. BONDS AS INVESTMENTS AND SECURITY FOR DEPOSITS. Sec. 222.027. CONSTRUCTION. Sec. 222.028. AUTHORITY POWERS IN LAMPASAS COUNTY. Sec. 222.029. ADDITIONAL SPECIFIC POWERS. Sec. 222.030. PROVISION OF WATER TO MUNICIPALITY OUTSIDE COLORADO RIVER BASIN. Sec. 222.031. AUTHORITY OF MUNICIPALITY TO CONTRACT FOR WATER. SECTION 2. (a) Repealers: (1) Chapter 13, Special Laws, Acts of the 41st Legislature, 2nd Called Session, 1929; (2) Chapter 3, Acts of the 43rd Legislature, 4th Called Session, 1934; (3) Sections 6 and 7, Chapter 19, General Laws, Acts of the 44th Legislature, Regular Session, 1935; and (4) Chapter 368, Acts of the 44th Legislature, 1st Called Session, 1935. (b) Repealers: (1) Chapter 7, Acts of the 43rd Legislature, 4th Called Session, 1934; and (2) Section 2, Chapter 132, Acts of the 77th Legislature, Regular Session, 2001. (c) Provides that this Act does not limit the powers granted to the Brazos River Authority or the Lower Colorado River Authority by any other law or impliedly repeal any laws granting powers to the Brazos River Authority or the Lower Colorado River Authority. SECTION 3. Requires the governor, as soon as practicable on or after the effective date of this Act, to designate from the members of each board the presiding officers of the Brazos River Authority and Lower Colorado River Authority. Authorizes the governor to designate as the presiding officer of a board the person serving in that capacity immediately before the effective date of this Act. Requires a person serving as the presiding officer of a board immediately before the effective date of this Act to continue to serve in that capacity until the person's successor has been designated. SECTION 4. Effective date: September 1, 2003.