BILL ANALYSIS
Senate Research Center C.S.S.B. 725
By: Estes
Committee Report (Substituted)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Since the first Texas river authority was created in 1929, river authorities have expanded in size and mission to the point that oversight and a periodic review is necessary. A Sunset review of certain river authorities and other water authorities would serve as an opportunity to evaluate each entity's powers and duties, financing, fee structures, service areas, board compositions, relationships with other water authorities, competition with private sector providers, communities served, and contribution to the state's water plan.
Surface water belongs to the state; however, there are no general law provisions for the creation of river authorities and there is no general purpose definition of a "river authority." Periodic review of river authority duties and functions is necessary to ensure maximized benefit of our most precious resource. Sunset review of these entities will result in a more consistent and uniform system if managing state water, greater transparency, and increased accountability to Texans.
C.S.S.B. 725 amends current law relating to the sunset review of certain river authorities.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. SUNSET ACT. Amends Chapter 325, Government Code, by adding Section 325.025, as follows:
Sec. 325.025. CERTAIN RIVER AUTHORITIES AND OTHER WATER AUTHORITIES SUBJECT TO REVIEW AND ABOLISHMENT. (a) Provides that a river authority or water authority listed in Subsection (b) is subject to review and abolishment under this chapter as if it were a state agency.
(b) Provides that this section applies only to the Brazos River Authority, Guadalupe-Blanco River Authority, Lower Colorado River Authority, Lower Neches Valley Authority, San Jacinto River Authority, and Trinity River Authority of Texas.
(c) Requires a river or water authority to pay the cost incurred by the Sunset Advisory Commission (commission) in performing a review of the authority under this section. Requires the commission to determine the cost and the authority to pay the amount promptly on receipt of a statement from the commission detailing the cost.
SECTION 2. BRAZOS RIVER AUTHORITY. Amends Chapter 8502, Special District Local Laws Code, by adding Section 8502.0021, as follows:
Sec. 8502.0021. APPLICATION OF SUNSET ACT. Provides that the Brazos River Authority is subject to Section 325.025, Government Code. Provides that unless the Brazos River Authority is continued in existence as provided by Chapter 325 (Sunset Law) of that code, on September 1, 2013, the Brazos River Authority is abolished, the assets of the Brazos River Authority are transferred to this state, and this chapter expires.
SECTION 3. GUADALUPE-BLANCO RIVER AUTHORITY. Amends Chapter 75, Acts of the 43rd Legislature, 1st Called Session, 1933, by adding Section 1A, as follows:
Sec. 1A. Provides that the Guadalupe-Blanco River Authority is subject to Section 325.025, Government Code. Provides that, unless the Guadalupe-Blanco River Authority is continued in existence as provided by Chapter 325 of that code, on September 1, 2013, the Guadalupe-Blanco River Authority is abolished, the assets of the Guadalupe-Blanco River Authority are transferred to this state, and this Act expires.
SECTION 4. LOWER COLORADO RIVER AUTHORITY. Amends Chapter 8503, Special District Local Laws Code, by adding Section 8503.0021, as follows:
Sec. 8503.0021. APPLICATION OF SUNSET ACT. Provides that the Lower Colorado River Authority is subject to Section 325.025, Government Code. Provides that unless the Lower Colorado River Authority is continued in existence as provided by Chapter 325 of that code, on September 1, 2011, the Lower Colorado River Authority is abolished, the assets of the Lower Colorado River Authority are transferred to this state, and this chapter expires.
SECTION 5. LOWER NECHES VALLEY AUTHORITY. Amends Chapter 63, Acts of the 43rd Legislature, 1st Called Session, 1933, by adding Section 1A, as follows:
Sec. 1A. Provides that the Lower Neches Valley Authority is subject to Section 325.025, Government Code. Provides that, unless the Lower Neches Valley Authority is continued in existence as provided by Chapter 325 of that code, on September 1, 2015, the Lower Neches Valley Authority is abolished, the assets of the Lower Neches Valley Authority are transferred to this state, and this Act expires.
SECTION 6. SAN JACINTO RIVER AUTHORITY. Amends Chapter 426, Acts of the 45th Legislature, Regular Session, 1937, by adding Section 1A, as follows:
Sec. 1A. Provides that the San Jacinto River Authority is subject to Section 325.025, Government Code. Provides that, unless the San Jacinto River Authority is continued in existence as provided by Chapter 325 of that code, on September 1, 2015, the San Jacinto River Authority is abolished, the assets of the San Jacinto River Authority are transferred to this state, and this Act expires.
SECTION 7. TRINITY RIVER AUTHORITY OF TEXAS. Amends Chapter 518, Acts of the 54th Legislature, Regular Session, 1955, by adding Section 1A, as follows:
Sec. 1A. Provides that the Trinity River Authority of Texas is subject to Section 325.025, Government Code. Provides that, unless the Trinity River Authority of Texas is continued in existence as provided by Chapter 325 of that code, on September 1, 2015, the Trinity River Authority of Texas is abolished, the assets of the Trinity River Authority of Texas are transferred to this state, and this Act expires.
SECTION 8. EFFECTIVE DATE. Effective date: upon passage or September 1, 2009.