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  82R8249 SLB-F
 
  By: Smith of Harris H.B. No. 2770
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the powers and duties of navigation districts, port
  authorities, and certain municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 551, Government Code, is
  amended by adding Section 551.090 to read as follows:
         Sec. 551.090.  DELIBERATION REGARDING CERTAIN NEGOTIATIONS
  AND PROPOSED CHANGES TO FACILITIES OR SERVICES; CLOSED MEETING.
  This chapter does not require a navigation district, port
  authority, or board of trustees under Chapter 54, Transportation
  Code, to conduct an open meeting to deliberate about information
  relating to:
               (1)  a bid, proposal, or contract for goods or services
  under negotiation, if disclosure of the information would have a
  detrimental effect on the position of the navigation district, port
  authority, or board of trustees in negotiations with a third
  person; or
               (2)  proposed changes to facilities or services of the
  navigation district, port authority, or board of trustees.
         SECTION 2.  Sections 271.181(2) and (6), Local Government
  Code, are amended to read as follows:
               (2)  "Civil works project" means:
                     (A)  roads, streets, bridges, utilities, water
  supply projects, water plants, wastewater plants, water
  distribution and wastewater conveyance facilities, desalination
  projects, wharves, docks, airport runways and taxiways, storm
  drainage and flood control projects, or transit projects;
                     (B)  types of projects or facilities related to
  those described by Paragraph (A) and associated with civil
  engineering construction; and
                     (C)  buildings or structures that are incidental
  to projects or facilities that are described by Paragraphs (A) and
  (B) and that are primarily civil engineering construction projects.
               (6)  "Local governmental entity" means a municipality,
  a county, a river authority, a defense base development authority
  established under Chapter 379B, a board of trustees under Chapter
  54, Transportation Code, a municipally owned water utility with a
  separate governing board appointed by the governing body of a
  municipality, or any other special district or authority authorized
  by law to enter into a public works contract for a civil works
  project.  The term does not include a regional tollway authority
  created under Chapter 366, Transportation Code, a regional mobility
  authority created under Chapter 370, Transportation Code, or a
  water district or authority created under Section 52, Article III,
  or Section 59, Article XVI, Texas Constitution, with a population
  of less than 50,000.
         SECTION 3.  Section 271.182, Local Government Code, as
  amended by Chapters 135 (S.B. 1047) and 725 (S.B. 229), Acts of the
  81st Legislature, Regular Session, 2009, is reenacted and amended
  to read as follows:
         Sec. 271.182.  APPLICABILITY. (a)  This subchapter applies
  to:
               (1)  a local governmental entity with a population of
  more than 100,000 within its geographic boundaries or service area;
               (2)  a board of trustees under Chapter 54,
  Transportation Code; and
               (3)  [.  (c)  This subchapter applies to] a municipally
  owned combined electric, water, and wastewater utility situated in
  an economically distressed area and located within 30 miles of the
  Lower Texas Gulf Coast.
         (b)  For purposes of Subsection (a), [For this subchapter,]
  "combined" means that the utilities are managed and controlled by
  one board whose members are appointed by the governing body of the
  municipality and that the financing of capital improvements is
  secured from the revenue [revenues] of all three utilities.
         SECTION 4.  Sections 271.186(a) and (b), Local Government
  Code, are amended to read as follows:
         (a)  During the first four years that this subchapter applies
  to a local governmental entity under Section 271.182:
               (1)  a local governmental entity with a population of
  500,000 or more may, under this subchapter, enter into contracts
  for not more than three projects in any fiscal year;
               (2)  a local governmental entity with a population of
  100,000 or more but less than 500,000 or a board of trustees under
  Chapter 54, Transportation Code, may, under this subchapter, enter
  into contracts for not more than two projects in any fiscal year;
  and
               (3)  a municipally owned water utility with a separate
  governing board appointed by the governing body of a municipality
  with a population of 500,000 or more may:
                     (A)  independently enter into a contract for not
  more than one civil works project in any fiscal year; and
                     (B)  enter into contracts for additional civil
  works projects in any fiscal year, but not more than the number of
  civil works projects prescribed by the limit in Subdivision (1) for
  the municipality, provided that:
                           (i)  the additional contracts for the civil
  works projects entered into by the utility under this paragraph are
  allocated to the number of contracts the municipality that appoints
  the utility's governing board may enter under Subdivision (1); and
                           (ii)  the governing body of the municipality
  must approve the contracts.
         (b)  After the period described by Subsection (a):
               (1)  a local governmental entity with a population of
  500,000 or more may, under this subchapter, enter into contracts
  for not more than six projects in any fiscal year;
               (2)  a local governmental entity with a population of
  100,000 or more but less than 500,000 or a board of trustees under
  Chapter 54, Transportation Code, may, under this subchapter, enter
  into contracts for not more than four projects in any fiscal year;
  and
               (3)  a municipally owned water utility with a separate
  governing board appointed by the governing body of a municipality
  with a population of 500,000 or more may:
                     (A)  independently enter into contracts for not
  more than two civil works projects in any fiscal year; and
                     (B)  enter into contracts for additional civil
  works projects in any fiscal year, but not more than the number of
  civil works projects prescribed by the limit in Subdivision (1) for
  the municipality, provided that:
                           (i)  the additional contracts for the civil
  works projects entered into by the utility under this paragraph are
  allocated to the number of contracts the municipality that appoints
  the utility's governing board may enter under Subdivision (1); and
                           (ii)  the governing body of the municipality
  must approve the contracts.
         SECTION 5.  Section 60.031, Water Code, is amended to read as
  follows:
         Sec. 60.031.  APPLICATION OF SUBCHAPTER.  (a)  The
  provisions of this subchapter shall apply to:
               (1)  any district not participating with the United
  States in a navigation project; or
               (2)  a district participating with the United States in
  a navigation project if the commission by resolution adopts:
                     (A)  this subchapter; or
                     (B)  sections of this subchapter under which the
  district will operate.
         (b)  For the purposes of Subsection (a)(2), a district that
  contracts with the United States under Subchapter F is considered
  to be participating with the United States in a navigation project
  while the contract is in effect.
         SECTION 6.  Section 60.038(b), Water Code, is amended to
  read as follows:
         (b)  Before a district may sell land, the commission shall
  determine by resolution that the land is no longer [Land which is
  sold or leased shall be declared surplus land and shall not be]
  needed for use by the district in connection with the development of
  a navigation project.
         SECTION 7.  Section 60.039, Water Code, is amended to read as
  follows:
         Sec. 60.039.  SURFACE LEASE [FOR NOT MORE THAN 30 YEARS].
  (a)  The commission may lease the surface of land for not more than
  30 years by the entry of an order on the minutes of the commission
  and the execution of a lease in the manner provided by the original
  order. The lease may not be extended beyond the 30-year period by
  renewal, extension, or otherwise.
         (b)  The commission or the executive director of the
  district, or a person authorized by the commission or the executive
  director, may enter into a lease for a monthly tenancy or a tenancy
  from month to month. The lease term may only exceed one year if:
               (1)  the commission enters an order on the minutes; and
               (2)  the execution of the lease is in the manner
  provided by the original order for the lease.
         SECTION 8.  Subchapter D, Chapter 60, Water Code, is amended
  by adding Section 60.0725 to read as follows:
         Sec. 60.0725.  NUISANCES; POLLUTION. To accomplish the
  purposes stated in Section 60.071, the commission may suppress and
  prevent nuisances, pollution, and improper disposal of materials on
  any district property.
         SECTION 9.  Section 60.101, Water Code, is amended by
  amending Subsection (b) and adding Subsections (c) and (d) to read
  as follows:
         (b)  To the extent that the district incurs indebtedness,
  [(]bonded or otherwise,[)] for purposes of financing the above
  facilities which in turn are sold by installment sale or otherwise,
  the [said] indebtedness, principal and interest, may be paid only
  from the loan [(]or bond sale[)] proceeds and from revenues
  generated from the project financed by the indebtedness, and
  security for payment of the principal of and interest on [said]
  indebtedness shall be limited to a pledge of the project's revenues
  and the project's facilities including enlargements and additions
  [thereafter made].
         (c)  An installment sale under this section is not a loan of
  the district's credit or a grant of public money.
         (d)  A district may contract with a broker to sell a tract of
  land in the same manner as the commissioners court of a county under
  Section 263.008, Local Government Code.
         SECTION 10.  Section 60.120(a), Water Code, is amended to
  read as follows:
         (a)  A district acting under [the provisions of] this
  subchapter may enter into any contract, lease, or agreement
  necessary or convenient to carry out any of the powers granted in
  this subchapter, including a contract for purchase, lease for
  purchase, or other agreement for the use or acquisition of real
  property, or improvements to real or personal property. The
  contract, lease, or agreement may be entered into with any person
  and any government or governmental agency including the United
  States, [and] the State of Texas, and a public facility corporation
  organized under Chapter 303, Local Government Code.
         SECTION 11.  Subchapter E, Chapter 60, Water Code, is
  amended by adding Sections 60.1201, 60.1202, and 60.1203 to read as
  follows:
         Sec. 60.1201.  METHOD FOR CONTRACTS TO CONSTRUCT OR ACQUIRE
  PROPERTY.  The district may use any method provided by Section
  60.454 for a contract related to construction or the acquisition of
  real property and related personal property, if the commission
  determines the method provides the best value for the district.
         Sec. 60.1202.  CERTAIN CONTRACT PROCEDURES; ELECTION.  (a)  
  A contract may provide that a district will make payment under the
  contract from proceeds from the sale of bonds or notes, from taxes,
  or from any other income of the district or any combination of
  these.
         (b)  A district may make payments under a contract from taxes
  other than maintenance taxes, after the provisions of the contract
  have been approved by a majority of the electors voting at an
  election held for that purpose.
         (c)  A contract election may be held alone or at the same time
  and in conjunction with an election to authorize bonds.
         (d)  The procedure for calling the election, giving notice,
  conducting the election, and canvassing the returns is the same as
  the procedure for a bond election. If the contract is approved at
  the election, it is an obligation against the taxing power of the
  district to the extent provided in the contract.
         Sec. 60.1203.  ATTORNEY GENERAL APPROVAL FOR CONTRACTS
  SECURED BY TAXES.  (a)  The district shall submit to the attorney
  general for approval any contract, lease, or agreement secured by
  tax revenue.
         (b)  If the attorney general finds that the contract, lease,
  or agreement has been entered into in accordance with the law, the
  attorney general shall approve the contract, lease, or agreement
  and the comptroller shall register it.
         (c)  When the contract, lease, or agreement has been approved
  by the attorney general and registered by the comptroller, it is
  incontestable except for forgery or fraud.
         SECTION 12.  Subchapter E, Chapter 60, Water Code, is
  amended by adding Section 60.124 to read as follows:
         Sec. 60.124.  GIFTS, GRANTS, AND DONATIONS.  A district may
  accept a gift, grant, donation, or bequest of money or property from
  any source for any district purpose.
         SECTION 13.  Section 60.271(f), Water Code, is amended to
  read as follows:
         (f)  The district shall adopt payment procedures consistent
  with Section 105.074(g), Local Government Code. The designated
  officer of a district may draw a check on a depository only on a
  warrant signed by the presiding officer [chairman] and attested by
  the secretary of the district, or by a procedure adopted under this
  section.
         SECTION 14.  Section 60.403, Water Code, is amended by
  amending Subsection (c) and adding Subsection (e) to read as
  follows:
         (c)  One original, photocopy, or electronic copy of the
  purchase order shall be [A purchase order must be executed in
  duplicate with one copy] delivered to the person from whom the
  purchase is made and one original, photocopy, or electronic copy
  shall be retained [remaining] on file in the district or port
  authority in accordance with Subtitle C, Title 6, Local Government
  Code.
         (e)  A district may establish an electronic requisition
  system to perform some or all of the functions required by
  Subsections (b), (c), and (d). An electronic requisition system
  established under this subsection must electronically transmit
  data to and receive data from the financial system of the district
  in a manner that meets professional, regulatory, and statutory
  requirements and standards, including those relating to
  purchasing, auditing, and accounting.
         SECTION 15.  Section 60.408(h), Water Code, is amended to
  read as follows:
         (h)  One original, photocopy, or electronic copy of a [A]
  contract, requisition, or purchase order valued at more than the
  amount authorized under Section 60.403(a) for routine purchases or
  contracts must be [issued in duplicate with one copy] delivered to
  the contractor and one original, photocopy, or electronic copy
  shall be retained [remaining] on file with the district or port
  authority in accordance with Subtitle C, Title 6, Local Government
  Code.
         SECTION 16.  Chapter 60, Water Code, is amended by adding
  Subchapter R to read as follows:
  SUBCHAPTER R.  CHARITABLE CONTRIBUTIONS
         Sec. 60.551.  DEFINITIONS. In this subchapter:
               (1)  "Charitable organization" means an organization
  that:
                     (A)  is organized for charitable purposes under
  Chapter 22, Business Organizations Code, or holds a certificate of
  authority issued under that chapter;
                     (B)  is exempt from taxation under Section 501(a)
  of the Internal Revenue Code of 1986 as an organization described in
  Section 501(c)(3) of that code and to which contributions are
  deductible for income tax purposes under Section 170 of that code;
                     (C)  complies with all applicable federal
  nondiscrimination law, including Chapter 21, Title 42, United
  States Code;
                     (D)  complies with all state statutes and rules
  relating to charitable organizations;
                     (E)  is not a private foundation; and
                     (F)  provides funds or programs for health and
  human services that directly or indirectly benefit the recipients.
               (2)  "District employee charitable campaign" means a
  campaign conducted in communities or areas in which district
  employees solicit contributions to an eligible charitable
  organization.
               (3)  "Eligible charitable organization" means a
  charitable organization eligible to participate in the district
  employee charitable campaign as provided by Section 60.561.
               (4)  "Eligible services" means services provided by a
  charitable organization that:
                     (A)  benefit residents of this state, including
  children, youth, adults, elderly individuals, ill or infirm
  individuals, or individuals with a mental or physical disability,
  and consist of:
                           (i)  human care, medical or other research
  in the field of human health, education, social adjustment, or
  rehabilitation;
                           (ii)  relief for victims of natural disaster
  or other emergencies; or
                           (iii)  assistance to impoverished
  individuals in need of food, shelter, clothing, or other basic
  needs; or
                     (B)  benefit this state, and consist of activities
  to:
                           (i)  safeguard public health and the
  environment; or
                           (ii)  help solve environmental problems.
               (5)  "Federation or fund" means a fund-raising entity
  that:
                     (A)  is a charitable organization;
                     (B)  acts as an agent for at least five charitable
  organizations;
                     (C)  is not organized exclusively to solicit
  contributions from district employees; and
                     (D)  is supported by voluntary contributions by
  the public and is:
                           (i)  incorporated in this state and has an
  established physical presence in this state in the form of an office
  or service facility that is staffed at least 20 hours a week; or
                           (ii)  incorporated outside this state,
  includes at least 10 affiliated charitable organizations, and has
  existed at least three years.
         Sec. 60.552.  AUTHORIZATION OF CAMPAIGN. (a)  The
  commission or the executive director of a district may establish a
  program in the district to allow district employees to participate
  in a charitable campaign as provided by this subchapter.
         (b)  The commission or executive director of a district may
  adopt rules relating to the operation of a district employee
  charitable campaign as described in this subchapter.
         Sec. 60.553.  DEDUCTION AUTHORIZED. (a) A district
  employee may authorize a deduction each pay period from the
  employee's salary or wage payment for a charitable contribution as
  provided by this subchapter.
         (b)  An authorization must direct the district to distribute
  the deducted funds to a participating federation or fund.
         (c)  A deduction under this subchapter must be in the form
  prescribed by the district.
         Sec. 60.554.  VOLUNTARY PARTICIPATION. (a) Participation
  by a district employee in a state employee charitable campaign is
  voluntary. The district shall inform district employees that
  deductions are voluntary.
         (b)  The district shall adopt rules establishing a process
  for hearing employee complaints regarding coercive activity in a
  district employee charitable campaign.
         Sec. 60.555.  DESIGNATION OF AN ELIGIBLE CHARITABLE
  ORGANIZATION. (a) A district employee may designate in the
  authorization an eligible charitable organization to receive the
  deductions.
         (b)  If a district employee does not designate an eligible
  charitable organization, the employee's deductions shall be
  distributed to each participating federation or fund and eligible
  local charitable organization in the proportion that the deductions
  designated for that charitable organization bear to the total of
  designated deductions in the district employee charitable
  campaign.
         Sec. 60.556.  CONFIDENTIALITY. (a) Except as necessary to
  administer this subchapter or on written authorization of the
  employee, the following information is confidential:
               (1)  whether a district employee has authorized a
  deduction under this subchapter;
               (2)  the amount of the deduction; and
               (3)  the name of a federation or fund or charitable
  organization that a district employee has designated to receive
  contributions.
         (b)  The designation of a charitable organization by a
  district employee is not confidential if the employee executes a
  written pledge card or other document indicating that the employee
  wishes to receive an acknowledgement from the charitable
  organization.
         (c)  The district shall provide notice to district employees
  of the confidentiality provisions described by this section.
         Sec. 60.557.  REVOCATION OR CHANGE OF AUTHORIZATION. (a) A
  district employee may revoke or change an authorization by giving
  notice to the district.
         (b)  The notice must be in the form and manner prescribed by
  the district.
         (c)  A revocation or change takes effect on the date
  designated by the district, but not later than the 45th day after
  the date the district employee gives notice.
         Sec. 60.558.  DURATION OF DEDUCTION. (a) A deduction under
  this subchapter begins on the date designated by the district
  employee.
         (b)  A deduction under this subchapter, unless revoked or
  changed under Section 60.557, ends on the date designated by the
  district.
         Sec. 60.559.  FAIR AND EQUITABLE MANAGEMENT OF CAMPAIGN. A
  district employee charitable campaign must be managed fairly and
  equitably in accordance with this subchapter and the rules,
  policies, and procedures established by the district.
         Sec. 60.560.  CAMPAIGN POLICY AND MANAGEMENT. (a)  The
  executive director of the district shall oversee the district
  employee charitable campaign and the district's employees who
  conduct the campaign.
         (b)  The executive director of the district and employees
  designated by the executive director of the district shall:
               (1)  determine the eligibility of a federation or fund
  and its affiliated agencies for participation in the district
  employee charitable campaign;
               (2)  develop a campaign plan, budget, and materials to
  be used in the campaign;
               (3)  coordinate and facilitate the campaign;
               (4)  ensure that all district employee charitable
  campaign activities are conducted fairly and equitably to promote
  unified solicitation on behalf of all participants; and
               (5)  perform other duties required by rules relating to
  the district employee charitable campaign.
         Sec. 60.561.  ELIGIBILITY OF CHARITABLE ORGANIZATIONS,
  FEDERATIONS, AND FUNDS FOR PARTICIPATION. (a) To be eligible to
  participate in a district employee charitable campaign, a
  charitable organization must:
               (1)  be governed by a voluntary board of citizens that
  meets at least twice each year to set policy and manage the affairs
  of the organization;
               (2)  if the organization's annual budget:
                     (A)  does not exceed $100,000, provide a completed
  Internal Revenue Service Form 990 and an accountant's review that
  offers full and open disclosure of the organization's internal
  operations; or
                     (B)  exceeds $100,000, be audited annually in
  accordance with generally accepted auditing standards of the
  American Institute of Certified Public Accountants; and
               (3)  not spend more than 25 percent of its annual
  revenue for administrative and fund-raising expenses.
         (b)  A federation or fund that seeks participation in a
  district employee charitable campaign must apply on behalf of
  itself and its affiliated agencies to the district during the
  eligibility determination period specified by the district. The
  district shall review each application and may approve a federation
  or fund for statewide participation only if the federation or fund
  qualifies as a charitable organization.  The district may approve
  an affiliated charitable organization for participation only if the
  organization qualifies as a charitable organization.
         (c)  The district may use outside expertise and resources
  available to it, and rely on a certification of a charitable
  organization, or determination of qualification by a statewide
  employee charitable campaign under Section 659.146, Government
  Code, to assess the eligibility of a charitable organization that
  seeks to participate in a district employee charitable campaign.
         (d)  An appeal from a decision of the district shall be
  conducted in the manner prescribed by the commission. The appeals
  process must permit a charitable organization that is not approved
  for participation to apply for participation in a district employee
  charitable campaign.
         Sec. 60.562.  FUND-RAISING PRACTICES. The fund-raising
  practices of a participating charitable organization must:
               (1)  be truthful and consumer-oriented; and
               (2)  protect against:
                     (A)  unauthorized use of a list of contributors to
  the organization;
                     (B)  payment of commissions, kickbacks, finder
  fees, percentages, bonuses, or overrides for fund-raising;
                     (C)  mailing of unordered merchandise or tickets
  with a request for money in return; and
                     (D)  general phone solicitation of the public.
         Sec. 60.563.  LIMITATION ON USE OF CONTRIBUTIONS. (a) A
  participating charitable organization may use contributions under
  this subchapter only to provide eligible services or to fund a
  charitable organization that provides eligible services.
         (b)  A participating charitable organization may not use
  contributions under this subchapter to:
               (1)  directly or indirectly fund litigation; or
               (2)  make expenditures that would require the
  organization to register under Chapter 305, Government Code, if the
  organization were not an entity exempt from registration under that
  chapter.
         Sec. 60.564.  MISAPPLICATION OF CONTRIBUTIONS; AUDIT. (a)
  The district may obtain an audit of any participating charitable
  organization that the district reasonably believes has misapplied
  contributions under this subchapter.
         (b)  If an audit under this section reveals gross negligence
  or intentional misconduct on the part of a participating charitable
  organization, the district shall remove the charitable
  organization from the campaign. A charitable organization removed
  under this subsection is not eligible to participate in a district
  employee charitable campaign before the fifth anniversary of the
  date the charitable organization was removed.
         (c)  If an audit under this section reveals intentional
  misconduct on the part of a charitable organization, the district
  shall forward its findings to the appropriate law enforcement
  agency.
         (d)  The district may bring an action to recover misapplied
  contributions.
         (e)  If an investigation or lawsuit results in a recovery of
  misapplied contributions and there is not a judgment distributing
  the amounts recovered, the district shall determine the manner of
  refunding contributions to the appropriate district employees.
         SECTION 17.  Section 61.164(c), Water Code, is amended to
  read as follows:
         (c)  No franchise shall be granted until notice [after the
  franchise in its final form] is published [in full] at the expense
  of the applicant, once a week for three consecutive weeks in a daily
  newspaper of general circulation published inside the district.
  For the purposes of this subsection, notice consists of:
               (1)  the text of the franchise in full; or
               (2)  a descriptive caption stating the purpose of the
  franchise and the location at which a complete copy of the franchise
  may be obtained.
         SECTION 18.  Sections 62.107(a) and (c), Water Code, are
  amended to read as follows:
         (a)  Any district created under this chapter may acquire by
  gift, purchase, or condemnation and may own land adjacent or
  accessible to the navigable water and ports developed by it which
  may be necessary or required for any and all purposes incident to or
  necessary for the development and operation of the navigable water
  or ports within the district, or may be necessary or required for or
  in aid of the development of industries and businesses on the land.
         (c)  The acquisition of land for the purposes included in
  this section and the operation and industrial and business
  development of ports and waterways are a public purpose and a matter
  of public necessity.
         SECTION 19.  Section 62.122, Water Code, is amended to read
  as follows:
         Sec. 62.122.  DISPOSITION OF SALVAGE OR SURPLUS PERSONAL
  PROPERTY.  (a)  Except as provided by Subsection (b), the [The]
  commission may periodically dispose of surplus or salvage personal
  property in the same manner as the commissioners court of a county
  under Subchapter D, Chapter 263, Local Government Code.
         (b)  The commission may authorize the destruction or
  disposition of salvage or surplus property as worthless if the
  property is so worn, damaged, or obsolete that it has no value for
  the purpose for which it was originally intended, and the expense to
  the district to attempt to sell the property would be more than the
  proceeds from the sale.
         SECTION 20.  Section 63.178(c), Water Code, is amended to
  read as follows:
         (c)  Before the franchise is granted, the commission must
  approve the franchise by a majority vote at three separate meetings
  held at least one week apart and must publish notice. For the
  purposes of this subsection, notice must be published [the
  franchise in full,] at the expense of the applicant, once a week for
  three consecutive weeks in a newspaper published in the district.  
  The notice must consist of:
               (1)  the text of the franchise in full; or
               (2)  a descriptive caption stating the purpose of the
  franchise and the location at which a complete copy of the franchise
  may be obtained.
         SECTION 21.  This Act applies only to a contract entered into
  on or after the effective date of this Act. A contract entered into
  before the effective date of this Act is covered by the law in
  effect when the contract was entered into, and the former law is
  continued in effect for that purpose.
         SECTION 22.  To the extent of any conflict, this Act prevails
  over another Act of the 82nd Legislature, Regular Session, 2011,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 23.  Section 60.465, Water Code, is repealed.
         SECTION 24.  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, 2011.