S.B. 1935 78(R)    BILL ANALYSIS


S.B. 1935
By: Fraser
Natural Resources
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently river authorities' enabling statutes 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. 

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. Repealers.
(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. 

EFFECTIVE DATE

September 1, 2003.