Amend CSHB 3335 by adding the following appropriately 
numbered SECTION to the bill and renumbering subsequent SECTIONS of 
the bill accordingly:
	SECTION ___.  (a)  The legislature finds that:                                 
		(1)  according to audits and evaluations of the Bexar 
Metropolitan Water District performed by state agencies under H.B. 
No. 1565, Acts of the 80th Legislature, Regular Session, 2007:
			(A)  certain officials of the district have 
engaged in a pattern of unethical conduct and unprofessional 
management practices;
			(B)  disagreements regarding jurisdiction within 
the district and between the district and other entities and 
distrust among key management personnel and members of the board 
have hampered efforts by the district to improve services for 
existing customers and to meet water supply needs of growing 
populations within its service areas;
			(C)  there has been a history of noncompliance on 
the part of the district; and
			(D)  the district has demonstrated weak 
management, engaged in financial improprieties, and provided 
unreliable service, which threatens to impair the quality of life 
of its customers and diminish the prospects for economic growth 
within the district;
		(2)  after 18 months of intense scrutiny by state 
agencies and the Bexar Metropolitan Water District Oversight 
Committee, which is composed of gubernatorial appointees, 
legislators, and a local representative of Bexar County, it is 
evident that further legislative action is necessary; and
		(3)  to ensure the reliability, sustainability, 
quality, and affordability of water supply services to the 
customers of the district, it is necessary to appoint a 
conservator, who shall manage the district until the district has 
achieved sufficient rehabilitation to serve its customers in a 
professional, ethical, and reliable manner.
	(b)  Chapter 306, Acts of the 49th Legislature, Regular 
Session, 1945, is amended by adding Sections 33B, 33C, 33D, 33E, and 
33F to read as follows:
	Sec. 33B.  ELECTION ON DISSOLUTION AND CONSERVATORSHIP.  An 
election on the appointment of a conservator for the purpose of 
dissolving the District shall be held on the uniform election date 
in November 2009.
	Sec. 33C.  BALLOT.  The ballot for the election shall be 
printed to permit voting for or against the proposition:  "The 
appointment of a conservator for the Bexar Metropolitan Water 
District for the purpose of dissolving the District."
	Sec. 33D.  APPOINTMENT OF CONSERVATOR; ADMINISTRATION OF 
ASSETS.  (a)  If a majority of the votes in the election held under 
Section 33B of this Act favor dissolution, a conservator shall be 
appointed by the Texas Commission on Environmental Quality not 
later than the 60th day after the date of the election.
	(b)  The Conservator shall administer the property, assets, 
and debts until all funds have been disposed of and all District 
debts have been paid or settled.
	Sec. 33E.  SALE OR TRANSFER OF ASSETS AND LIABILITIES.  
(a)  Notwithstanding any other provision of this Act, the District 
may not be dissolved unless the Conservator provides for the sale or 
transfer of the District's assets and liabilities to another person 
or entity or until all of the District's outstanding indebtedness 
or contractual obligations have otherwise been repaid or discharged 
in a manner consistent with Subsection (d) of this section.
	(b)  The dissolution of the District and the sale or transfer 
of the District's assets or liabilities may not contravene a trust 
indenture or bond resolution relating to the outstanding bonds of 
the District.  The dissolution and sale or transfer does not 
diminish or impair the rights of a holder of an outstanding bond, 
warrant, commercial paper note, or other obligation of the 
District.
	(c)  The sale or transfer of the District's assets and 
liabilities must satisfy the debt, bond obligations, commercial 
paper notes, or any other financial obligation of the District in a 
manner that protects the interests of the residents of the 
District, including the residents' collective property rights in 
the District's assets.  The District may not transfer or dispose of 
the District's assets except for due compensation unless the 
transfer is made to another governmental agency that serves the 
District and the transferred assets are to be used for the benefit 
of the residents of the District.
	(d)  The sale or transfer of the District's assets and 
liabilities does not impair, affect the validity of, or modify the 
terms of any contract to which the District is a party, and the 
acquiring entity of a District asset, or any assignee-in-interest 
to the asset, assumes the terms, benefits, and obligations of a 
contract related to that asset, as if the entity or assignee were 
the District.
	Sec. 33F.  REPORT; DISSOLUTION ORDER.  (a)  After the 
District has paid all its debts and has disposed of all its assets 
and funds as prescribed by this Act, the Conservator shall file a 
written report with the Texas Commission on Environmental Quality 
summarizing the Conservator's actions in dissolving the District.
	(b)  Not later than the 10th day after the date the Texas 
Commission on Environmental Quality receives the report and 
determines that the requirements of this Act as they relate to 
dissolution have been fulfilled, the Commission shall enter an 
order confirming the dissolution of the District and ordering the 
termination of conservatorship established under Section 33E of 
this Act, as applicable.
	(c)  Chapter 306, Acts of the 49th Legislature, Regular 
Session, 1945, is amended by adding Sections 34, 34A, and 34B to 
read as follows:
	Sec. 34.  CONSERVATOR.  If a majority of the votes in the 
election held under Section 33B of this Act do not favor 
dissolution, not later than the 60th day after the date of this 
election, the Texas Commission on Environmental Quality shall 
appoint a conservator for the purpose of rehabilitating the 
District.  The individual appointed must have demonstrated a high 
level of expertise in water utility management.
	Sec. 34A.  POWERS AND DUTIES OF CONSERVATOR.  (a)  If a 
conservator is appointed under Section 34 or 34B of this Act, the 
Board shall work cooperatively with the Conservator in 
rehabilitating the Board in its ability to manage and operate the 
District in a professional manner.
	(b)  The Conservator shall:                                             
		(1)  collectively coordinate the daily management of 
the District;   
		(2)  work with the Board to ensure that the assets of 
the District are protected and that the quality of service provided 
to District customers is improved to the highest level reasonably 
practicable under the circumstances;
		(3)  develop and work to implement a comprehensive 
rehabilitation plan for the District; and
		(4)  report monthly to the Texas Commission on 
Environmental Quality and to any committee with direct oversight 
authority over the District regarding:
			(A)  the financial, managerial, technical, and 
operational status of the District under the conservatorship;
			(B)  the actions the Conservator has taken to 
ensure that the District complies with the plan developed under 
Subdivision (3) of this Subsection; and
			(C)  the progress the Conservator has made towards 
completion of the plan developed under Subdivision (3) of this 
Subsection.
	(c)  The comprehensive rehabilitation plan must:                        
		(1)  identify strategies for restoring the District's 
financial integrity and for developing a system of sound financial 
management;
		(2)  describe a standard of ethics, professionalism, 
and openness expected of each member of the Board and employees of 
the District and a mechanism for enforcing compliance with District 
policies, including procurement policies;
		(3)  address ways to enhance the District's operational 
efficiency;  
		(4)  as an integral part of rehabilitating the 
District, devise a program for:
			(A)  educating the Board of Directors and key 
management personnel on improving management practices, on 
complying with Board policy and applicable laws and regulations, 
and on implementing needed reforms for the District; and
			(B)  developing greater technical expertise on 
the part of District employees;
		(5)  identify District assets that, if sold, would 
likely improve the District's ability to serve its remaining 
customers;
		(6)  ensure that any assets identified in Subdivision 
(5) of this Subsection that are sold are sold at fair market value;
		(7)  ensure that any entity that acquires a District 
asset is responsible for all transaction costs related to the 
acquisition, including the cost of defending the State against 
legal challenges to the disposition of the asset; and
		(8)  inventory and evaluate the discrete water systems 
that the District comprises and determine:
			(A)  the District's basis in or the intrinsic 
value of the infrastructure associated with each water system;
			(B)  the District's bonded debt and commercial 
paper reasonably associated with or allocable to the infrastructure 
of each water system;
			(C)  the adequacy of the source of the water 
supply, such as wells, located in each water system's service area 
to supply the current and projected demands generated in that 
service area;
			(D)  the adequacy of the water storage facilities 
located in each water system's service area to supply the current 
and projected demands generated in that service area; and
			(E)  the adequacy of the distribution system 
located in each water system's service area to supply the current 
and projected demands generated in that service area.
	(d)  The term of the Conservator continues until the earlier 
of:      
		(1)  the end of a period of 18 months; or                              
		(2)  the Conservator reports that the District has been 
sufficiently rehabilitated to provide reliable, cost-effective, 
quality service to its customers, and the Texas Commission on 
Environmental Quality, after performing a confirmation review, 
concurs with the Conservator's report that the District has been 
sufficiently rehabilitated to ensure that it can serve its 
customers in a professional manner and that conservatorship is no 
longer necessary.
	(e)  Funding for the conservatorship shall be provided by the 
District and approved by the Commission.
	(f)  The Conservator may not take any action that:                      
		(1)  will impair the District's ability to collect 
revenues, fees, or charges:
			(A)  for operating District systems; or                               
			(B)  necessary for the payment of any bonds, 
commercial paper notes, or any other financial obligation; or
		(2)  would cause an event of default under any 
provision of any indenture, contract, order, or other financial 
instrument creating any such obligation.
	(g)  The appointment of the Conservator is not conditioned on 
or a result of an insolvency or bankruptcy proceeding or an 
inability of the District to pay its debts.
	(h)  The Conservator may not be a receiver, trustee, 
custodian, or liquidator of the District's system or other 
property.
	Sec. 34B.  APPOINTMENT OF NEW CONSERVATOR.  (a)  If the 
Texas Commission on Environmental Quality determines that, after a 
reasonable period, the Conservator has not made satisfactory 
progress in developing and working to implement the comprehensive 
rehabilitation plan, the Commission shall appoint a new 
Conservator.
	(b)  The Texas Commission on Environmental Quality shall 
adopt rules providing for filling a vacancy in the position of 
Conservator.
	(d)  Effective June 1, 2011, Chapter 306, Acts of the 49th 
Legislature, Regular Session, 1945, is amended by adding Section 
34C to read as follows:
	Sec. 34C.  SUBSEQUENT CONSERVATOR.  (a)  The Texas 
Commission on Environmental Quality shall appoint a subsequent 
Conservator for the District if the Commission determines that 
after the termination of an earlier conservatorship under Section 
34A of this Act, the District has:
		(1)  obstructed the Commission's authority to supervise 
the District;
		(2)  violated a final order of the Commission;                         
		(3)  caused a potential health hazard by failing to 
provide appropriate water or wastewater treatment to District 
customers;
		(4)  caused a potential health hazard, extended 
outages, or repeated service interruptions by failing to adequately 
maintain District facilities;
		(5)  displayed a pattern of hostility towards the 
Commission or repeatedly failed to respond to the Commission or to 
District customers;
		(6)  engaged in a pattern of:                                          
			(A)  noncompliance with laws or regulations; or                       
			(B)  unethical conduct and unprofessional 
management practices;     
		(7)  abandoned the operation of its facilities;                        
		(8)  had a majority of its Board of Directors resign;                  
		(9)  engaged in financial improprieties; or                            
		(10)  provided unreliable service that impairs the 
quality of life of its customers or diminishes the prospects for 
economic growth within the District.
	(b)  An individual appointed Conservator under this Section 
must have demonstrated a high level of expertise in water utility 
management and shall have all the powers and duties assigned to a 
Conservator under Section 34A of this Act.
	(e)  Section 33A, Chapter 306, Acts of the 49th Legislature, 
Regular Session, 1945, is amended by amending Subsection (c) and 
adding Subsection (g) to read as follows:
	(c)  The oversight committee is comprised of five [5] members 
appointed as follows [to represent the following members]:
		(1)  a [the] Senator who represents a Senate district 
that includes territory within the District, [sponsor of this Act, 
or, in the event this Senator cannot serve, a Senator] appointed by 
the Lieutenant Governor;
		(2)  a Representative who represents a [the] House 
district that includes territory within the District, [author of 
this Act, or, in the event this Representative cannot serve, a 
Representative] appointed by the Speaker of the Texas House of 
Representatives;
		(3)  one member of the Senate Committee on Natural 
Resources [with special expertise in the operation of public water 
utilities] appointed by the Lieutenant Governor; 
		(4)  one member of the House Committee on Natural 
Resources appointed by the Speaker of the Texas House of 
Representatives; and
		(5)  one member appointed by the Governor to represent 
the public[; and
		[(5)  a member of the Bexar County Commissioners Court 
who represents a precinct in which customers of the District 
reside].
	(g)  On or before December 31, 2010, the oversight committee 
shall provide a report under Subsection (e) of this Section to the 
82nd Legislature.  The committee is abolished and this Section 
expires on January 1, 2011.
	(f)  The legal notice of the intention to introduce this 
section, setting forth the general substance of this section, has 
been published as provided by law, and the notice and a copy of this 
section 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.
	(g)  The governor, one of the required recipients, has 
submitted the notice and section to the Texas Commission on 
Environmental Quality.
	(h)  The Texas Commission on Environmental Quality has filed 
its recommendations relating to this section with the governor, the 
lieutenant governor, and the speaker of the house of 
representatives within the required time.
	(i)  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 section are 
fulfilled and accomplished.



URESTI