79(R) SB 331 - House Committee Report version


                                                                                



By:  Lindsay                                                      S.B. No. 331

Substitute the following for S.B. No. 331:                                    

By:  Puente                                                   C.S.S.B. No. 331



A BILL TO BE ENTITLED

AN ACT

relating to the powers and duties of the North Harris County 
Regional Water Authority.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2.02(c), Chapter 1029, Acts of the 76th 
Legislature, Regular Session, 1999, is amended to read as follows:
	(c)  In the manner described by Section 49.103(d), Water 
Code, the board shall redraw the single-member voting districts [as 
required by law] as soon as practicable after[:
		[(1)]  each federal decennial census[;] and as 
otherwise required by law
		[(2)  any change in the boundaries of the authority 
which increases the total area of the authority by more than 20 
percent].
	SECTION 2.  Section 4.10, Chapter 1029, Acts of the 76th 
Legislature, Regular Session, 1999, is amended by adding 
Subsections (e) through (k) to read as follows:
	(e)  The authority may expedite the financing and 
construction of a surface water delivery system, or other projects 
of the authority to accomplish a conversion from reliance on 
groundwater to reliance on surface water not later than the earlier 
of:
		(1)  the date required by the subsidence district; or                  
		(2)  the date determined by the board to be in the 
interest of the authority or one or more districts inside or outside 
the authority.
	(f)(1)  In this section, "surface water delivery system" 
includes a facility that is to be constructed and that will be:
			(A)  used to transport groundwater between 
utility districts;       
			(B)  used temporarily to transport groundwater 
between utility districts if there is a reasonable probability that 
the facility will be used for that purpose on a permanent basis in 
the future; or
			(C)  necessary to accomplish an authority 
purpose, including management of water, water conservation, or 
water reuse.
		(2)  For purposes of subsections (e)-(k), "surface 
water delivery system" does not include the use of the bed and banks 
to transport water or waste water.
	(g)  It is the intent of the legislature that the commission 
cooperate with and assist the authority in developing a surface 
water delivery system or other authority project in an expedited 
manner as provided by Subsection (e).  The commission may grant 
conditional approval of a construction project or waive a 
requirement of any law or commission rule with respect to a 
construction project, if the conditional approval or waiver does 
not compromise public health or safety.
	(h)  If the commission grants conditional approval of or a 
waiver for a construction project, the authority shall make any 
subsequent changes in the construction project necessary to protect 
the public health or safety that the commission requires.
	(i)  The commission may not require as a condition for 
approving an authority construction project that the authority 
enter into a contract with another person.  The authority may meet 
its obligations under commission rules that require that certain 
issues be addressed by contract by adopting rules that address 
those issues and that allocate responsibility as necessary between 
the authority and a district or person within the boundaries of the 
authority.
	(j)  The commission and the authority may enter into a 
memorandum of understanding that relates to the construction of a 
surface water delivery system.  The memorandum of understanding 
may:
		(1)  establish standard procedures for the commission 
to grant conditional or final approval of authority construction 
projects;
		(2)  establish standing waivers or conditions 
applicable to those construction projects;
		(3)  if the delegation does not violate federal law and 
is not inconsistent with any agreement of this state with, or any 
delegation of authority to this state from, The United States 
Environmental Protection Agency, delegate powers to the authority 
to carry out any commission duty relating to an activity that the 
authority may undertake;
		(4)  set minimum standards for construction or other 
projects; or    
		(5)  address any other matter that relates to an 
activity that the authority may undertake and that the commission 
may regulate.
	(k)  To comply with commission rules that would require the 
authority to state specific amounts of water that may or will be 
provided to another entity receiving water from the authority, the 
authority may state the amount in ranges that the authority may 
change on prompt notification to the commission.
	SECTION 3.  Chapter 1029, Acts of the 76th Legislature, 
Regular Session, 1999, is amended by adding Section 5.01A to read as 
follows:
	Sec. 5.01A.  ANTICIPATION NOTES AND BONDS.  (a)  The board 
may issue negotiable revenue anticipation notes or negotiable bond 
anticipation notes to borrow the money needed by the authority 
without advertising or giving notice of the sale.  The board may 
also issue negotiable combination revenue and bond anticipation 
notes.  Negotiable combination revenue and bond anticipation notes 
may contain any term authorized under this section for revenue 
anticipation notes or bond anticipation notes.  Any note issued 
must mature not later than one year after its date of issuance.
	(b)  A revenue anticipation note may be issued to enable the 
authority to carry out any purpose authorized by this Act.  A 
revenue anticipation note must be secured by the proceeds of 
revenues to be collected by the authority in the 12-month period 
following the date of issuance of the note.  The board may covenant 
with the purchasers of the notes that the board will charge and 
collect sufficient revenues to pay the principal of and interest on 
the notes and pay the cost of collecting the revenues.
	(c)  A bond anticipation note may be issued for any purpose 
for which a bond of the authority may be issued or to refund 
previously issued revenue or bond anticipation notes.  The 
authority may covenant with the purchasers of the bond anticipation 
notes that the authority will use the proceeds of the sale of any 
bonds in the process of issuance for the purpose of refunding the 
bond anticipation notes, in which case the board shall use the 
proceeds received from the sale of the bonds in the process of 
issuance to pay the principal, interest, or redemption price on the 
bond anticipation notes.
	(d)  For purposes of Section 1202.007, Government Code, a 
note issued under this section is considered to be payable only out 
of:
		(1)  current revenues collected in the year the note is 
issued; or   
		(2)  the proceeds of other public securities.                          
	SECTION 4.  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.