BILL ANALYSIS
By: Oliveira
Committee Report (Substituted)
BACKGROUND AND PURPOSE
The Southmost Regional Water Authority (SRWA) was created in 1981 and is comprised of the cities of Brownsville, Los Fresnos, and Indian Lake: Brownsville Navigation of Cameron County, Texas: Laguna Madre Water District of Cameron County, Texas: and Valley Municipal Utility District No. 2 of Cameron County, Texas. Pervasive drought conditions and a growing demand on utility services prompted the SRWA to construct a 7.5 mgd ground water desalination facility in April 2004. The facility is producing quality drinking water and is helping the SRWA participating members meet the water demands of their respective populations. Members of the SRWA have recognized the a need for wastewater treatment facilities and would like to expand its authority to include regional wastewater treatment facilities. C.S.H.B. 2444 would allow for a more economical means of planning, financing, constructing and operating wastewater treatment facilities by the membership of the SRWA rather than having multiple wastewater treatment facilities built and operated independently by SRWA members.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SECTION 1. Chapter 511, Acts of the 67th Legislature, Regular Session, 1981, is amended by adding Section 7A as follows:
Sec. 7A. (a) The Southmost Regional Water Authority is authorized to purchase, construct, acquire, own, lease, operate, maintain, repair, improve, and extend inside its boundaries for water and wastewater projects, including disposal and control of all domestic industrial, or communal wastes, whether fluids, solids, or composites. (b) The authority shall have the authority to perform any act consistent with the powers granted under Subsection (a), including the authority to contract with any person, or public or private entity in the performance of a purpose or power granted by this section. To accomplish the purposes of this section, the authority has all the powers and rights of procedure, financing, construction, maintenance, rehabilitation, operation, rulemaking, and administration as given in Section 59, Article XVI of the Texas Constitution, and Chapters 49 and 51 of the Water Code.
Notice of the Act must be published by law and a copy of the Act will be provided to all persons, agencies, officials, or entities required, including the Governor who must submit the notice to the Texas Commission on Environmental Quality. The Texas Commission on Environmental Quality must file its recommendation to the Governor, Lieutenant Governor, and speaker of the House of Representatives within the required time. All constitutional requirements, and procedures of the legislature with respect to notice, introduction, and passage of the bill are fulfilled and accomplished.
EFFECTIVE DATE
Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute limits the authority of Southmost Regional Water Authority from extending inside and outside of the boundaries to just inside the boundaries.