79R12041 SGA-F
By: Mowery H.B. No. 3576
A BILL TO BE ENTITLED
AN ACT
relating to the powers, duties, administration, governance, and
functions of the Benbrook Water and Sewer Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Chapter 123, Acts of the 54th
Legislature, Regular Session, 1955 (Article 8280-163, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 1. By virtue of Article XVI, Section 59, of the Texas
Constitution, there is hereby created a conservation and
reclamation district to be known as "Benbrook Water [and Sewer]
Authority," (hereinafter called "Authority") which shall be a
governmental agency and a body politic and corporate.
SECTION 2. Sections 3(b), (c), and (f), Chapter 123, Acts of
the 54th Legislature, Regular Session, 1955 (Article 8280-163,
Vernon's Texas Civil Statutes), are amended to read as follows:
(b) Immediately after this Act becomes effective, the Mayor
of the City of Benbrook shall appoint the first Board of Directors
or, within his discretion, he may order the holding of an election
in the Authority for the purpose of electing the first Board of
Directors. If an election is ordered, notice of the election shall
be published in a newspaper published in the City of Fort Worth one
(1) time at least fifteen (15) days before the election. The
election order shall state the time, place and purpose of the
election, and the Mayor shall appoint a presiding judge who shall
appoint an [as] assistant judge and two (2) clerks to assist in
holding the election. Only qualified voters residing in the
Authority who own taxable property therein shall be entitled to
vote at said election. The five (5) candidates receiving the
highest number of votes shall be declared elected. The returns of
the election shall be made to and canvassed by the Mayor, who shall
enter an order declaring the result of the election. Two (2) of the
Directors thus appointed or elected shall serve until the first
Tuesday in April, 1956, and three (3) shall serve until the first
Tuesday in April, 1957. The Directors who shall serve for the short
term and those who shall serve for the long term shall be determined
by lot. Directors appointed by the Mayor shall serve until the next
regular election as provided in (c) below.
(c) A regular election for the election of Directors shall
be held on the first Saturday in April of each year after 1969 and
before 1994. After 1993, regular elections for the election of
Directors must be held on a uniform date and are governed by
Chapters 49 and 51, Water Code [beginning in 1970. Two (2)
Directors shall be elected in each even numbered year and three (3)
in each odd numbered year]. The regular elections shall be called
by the Board of Directors. The Board shall appoint the presiding
judge who shall appoint an assistant judge and at least two (2)
clerks. Notice shall be given the same as is provided for the first
election of Directors. Only qualified voters residing in the
Authority are entitled to vote at an election of Directors. After
1969 and before 1997, in even-numbered [In even numbered] years the
two (2) candidates receiving the highest number of votes shall be
elected to serve for a period of two years and in odd-numbered [odd
numbered] years the three (3) candidates receiving the highest
number of votes shall be elected to serve for two (2) years. Three
Directors shall be elected in 1997, and the three candidates
receiving the highest number of votes in that year shall be elected
for a term of three years. In the election of Directors held in 2000
and in every subsequent election at which three Directors are
elected, the three candidates receiving the highest number of votes
shall be elected for a term of four years. In the election of
Directors held in 1998 and in every subsequent election at which two
Directors are elected, the two candidates receiving the highest
number of votes shall be elected for a term of four years.
(f) Section 49.060, Water Code, governs a Director's
entitlement to fees of office and reimbursement of expenses, except
that the Board by resolution may establish a lower fee of office
than the fee authorized by that section [A Director is entitled to
receive a fee of office of not more than Twenty-five Dollars ($25) a
day for each day of service necessary to discharge his duties as
Director. The fees paid may not exceed One Hundred Dollars ($100)
in any one (1) month regardless of the number of days of service
during that month. The Board may approve reimbursement to a
Director for travel or other expenses incurred by him while acting
on behalf of the Authority if that Director presents a verified
statement of those expenses to the Board and a majority of the other
Directors vote to approve the reimbursement].
SECTION 3. Section 5, Chapter 123, Acts of the 54th
Legislature, Regular Session, 1955 (Article 8280-163, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 5. The Authority is hereby empowered (a) to develop,
construct or purchase dams, reservoirs, underground and other
sources of water. The Authority is empowered to construct or
purchase all works, plants, and other facilities necessary or
useful for the purpose of providing a source of water supply and
storing, processing such water and transporting and distributing it
for municipal, domestic and industrial purposes. The Authority
shall at all times have power to develop or purchase additional
underground or other sources of water and to improve, enlarge and
extend its water system. The Authority may regulate the spacing and
production of water wells drilled within its boundaries in the
manner provided by Section 36.116(a), Water Code, to prevent
interference with the Authority's water wells or other existing
wells, to protect water quality, or to minimize as far as
practicable the drawdown of the water table of the groundwater used
by the Authority. The Authority is also authorized to make
contracts for the purchase of water; (b) in order to preserve and
protect the purity of the waters of the State and of the Authority
and conserve and reclaim said waters for beneficial use by the
inhabitants of the Authority, to require that a person obtain a
permit from the Authority before drilling, equipping, completing,
altering, or operating a well in the Authority's boundaries. The
Authority may not unreasonably withhold issuance of a permit if an
applicant demonstrates by competent sworn testimony or
documentation that the proposed water well will not unreasonably
affect existing groundwater resources or the beneficial use of
groundwater by the Authority or other existing well owners, that
the applicant agrees to use reasonable diligence to protect
groundwater quality, including compliance with Chapter 1901,
Occupations Code, and any rules adopted under that chapter, that
the proposed well construction and operation activities will not
threaten or otherwise impact the groundwater supplies of the
Authority, and that the application complies with the well spacing
and production requirements of the Authority; and (c) in order to
preserve and protect the purity of the waters of this state and of
the Authority and conserve and reclaim those waters for beneficial
use by the inhabitants of the Authority, to provide all plants,
works, facilities and appliances incident to or helpful or
necessary to the collection, transportation, processing, disposal
and control of all domestic, industrial or communal wastes, whether
of fluids, solids or composites. The Authority may adopt rules to
implement this section.
SECTION 4. Section 6, Chapter 123, Acts of the 54th
Legislature, Regular Session, 1955 (Article 8280-163, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 6. For the purpose of carrying out any power or
authority conferred by this Act the Authority shall have the right
to acquire land and easements, by condemnation in the manner
provided by Chapter 21, Property Code, and Section 49.222, Water
Code [Title 52, Revised Civil Statutes, as amended], relating to
eminent domain. The amount of and character of interest in land and
easements thus to be acquired shall be determined by the Board of
Directors. In the event that the Authority, in the exercise of the
power of eminent domain or power of relocation, or any other power
granted hereunder, makes necessary the relocation, raising,
re-routing or changing the grade of, or altering the construction
of any highway, railroad, electric transmission line or pipeline,
or telephone or telegraph properties and facilities, all such
necessary relocation, raising, re-routing, changing of grade or
alteration of construction shall be accomplished at the sole
expense of the Authority.
SECTION 5. Section 8(b), Chapter 123, Acts of the 54th
Legislature, Regular Session, 1955 (Article 8280-163, Vernon's
Texas Civil Statutes), is amended to read as follows:
(b) Such bonds shall be authorized by resolution of the
Board of Directors without an election, if payable wholly from
revenues, and shall be issued in the name of the Authority, signed
by the president, attested by the secretary and have the seal of the
Authority impressed thereon or a facsimile seal printed or
lithographed thereon. One of the signatures thus required on the
bonds may be a facsimile signature, but the other signature shall be
manual. They shall mature serially or otherwise in not to exceed
forty (40) years and may be sold at a price and under terms
determined by the Board of Directors to be the most advantageous
reasonably obtainable, provided that the bonds, [interest cost to
the Authority, calculated by the use of standard bond interest
tables currently in use by insurance companies and investment
houses does not exceed six per cent (6%) per annum, and] within the
discretion of the Board, may be made callable prior to maturity at
such times and prices as may be prescribed in the resolution
authorizing the bonds or in the trust indenture, and may be made
registerable as to principal or as to both principal and interest.
Any such bonds payable wholly or partly from ad valorem taxes shall
be submitted to and authorized by the resident, qualified property
taxpaying voters of the Authority. Such election shall be called
and held in the manner required by Chapter 25, Acts, Thirty-ninth
Legislature, 1925, as amended, relating to elections for the
issuance of tax bonds by water control and improvement districts.
SECTION 6. Section 13, Chapter 123, Acts of the 54th
Legislature, Regular Session, 1955 (Article 8280-163, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 13. The Authority is authorized to enter into
contracts with cities and others for supplying services to them.
The Authority may also enter into interlocal agreements with cities
and others in accordance with Chapter 791, Government Code, to
coordinate the respective statutory obligations and powers of each
party to the agreement if the Authority determines that entering
into an interlocal agreement is beneficial to the Authority. The
Authority is also authorized to contract with any city for the
rental or leasing of, or for the operation of the water production,
water supply, and water supply facilities or sanitary sewer system
of such city upon such consideration as the Authority and the city
may agree. Any such contract may be upon such terms and for such
time as the parties may agree, and it may provide that it shall
continue in effect until the bonds specified therein and refunding
bonds issued in lieu of such bonds are paid.
SECTION 7. Section 17, Chapter 123, Acts of the 54th
Legislature, Regular Session, 1955 (Article 8280-163, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 17. The Authority shall have and exercise, and is
hereby vested with all of the rights, power and privileges
conferred by the General Laws of this State now in effect or
hereinafter enacted, applicable to water control and improvement
districts created under authority of Section 59, Article 16 of the
Constitution, including Chapters 49 and 51, Water Code. If
Chapters 49 and 51, Water Code, conflict, Chapter 51 controls.
Except as provided by this Act, Chapter 36, Water Code, does not
apply to the Authority. To [but to] the extent that the provisions
of any General Laws may be in conflict or inconsistent with the
provisions of this Act, the provisions hereof shall prevail. All
such General Laws are hereby incorporated by reference with the
same effect as if incorporated in full in this Act.
SECTION 8. Section 3(d) and Section 7, Chapter 123, Acts of
the 54th Legislature, Regular Session, 1955 (Article 8280-163,
Vernon's Texas Civil Statutes), are repealed.
SECTION 9. (a) Any act or proceeding taken by or on behalf
of the Benbrook Water and Sewer Authority before the effective date
of this Act, including any election, is validated in all respects as
if the act or proceeding had occurred as authorized by law.
(b) A governmental act or proceeding of the Benbrook Water
and Sewer Authority or the Benbrook Water Authority occurring after
an act or proceeding validated by this Act may not be held invalid
on the ground that the prior act or proceeding, in the absence of
this Act, was invalid.
(c) Subsections (a) and (b) of this section do not apply to
any matter that on the effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final
judgment of a court; or
(2) has been held invalid by a final judgment of a
court.
SECTION 10. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 11. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2005.
COMMITTEE AMENDMENT NO. 1
Amend HB 3576 as follows:
On page 4, lines 11 to 17, delete "The Authority may regulate
the spacing and production of water wells drilled within its
boundaries in the manner provided by Section 36.116(a), Water Code,
to prevent interference with the Authority's water wells or other
existing wells, to protect water quality, or to minimize as far as
practicable the drawdown of the water table of the groundwater used
by the Authority." and substitute the following:
"The Authority may regulate the drilling, equipping,
completion, location, and production of groundwater wells in the
manner in which the City of Benbrook, Texas, could regulate such
wells under under its home-rule authority or as otherwise provided
by this Act."
Puente