83R14236 PMO-F

By: Farney H.B. No. 701

Substitute the following for H.B. No. 701:

By: King of Zavala C.S.H.B. No. 701

A BILL TO BE ENTITLED

AN ACT

relating to the Corn Hill Regional Water Authority; providing authority to impose fees and taxes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 8364.004(c), Special District Local Laws Code, is amended to read as follows:

(c) The authority is created to accomplish:

(1) the control, storage, conservation, preservation, distribution, and use of water for domestic, industrial, municipal, and all other useful purposes as provided by Section 59, Article XVI, Texas Constitution;

(2) the reclamation and drainage of the district's overflowed lands and other lands needing drainage;

(3) the control, abatement, and change of any shortage or harmful excess of water; and

(4) the protection, preservation, and restoration of the purity and sanitary condition of water within the state.

SECTION 2. Subchapter B, Chapter 8364, Special District Local Laws Code, is amended by adding Section 8364.052 to read as follows:

Sec. 8364.052. EX OFFICIO DIRECTORS. (a) At any time, the board may by resolution:

(1) appoint a nonvoting ex officio director to serve at the pleasure of the board; and

(2) remove an ex officio director.

(b) An ex officio director:

(1) is entitled to all notices and information given to and accessible to a director; and

(2) may attend and participate in any board meeting.

SECTION 3. Section 8364.072(a), Special District Local Laws Code, is amended to read as follows:

(a) A municipality, county, or other political subdivision may petition the board to add that municipality, county, or other political subdivision as a member entity.

SECTION 4. Section 8364.103, Special District Local Laws Code, is amended to read as follows:

Sec. 8364.103. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES; LIMITATIONS. (a) Except as provided by Subsection [Subsections] (b) [and (c)], the authority has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.

(b) The authority may not provide [wastewater, drainage,] solid waste disposal[,] or road facilities or services.

[(c) The authority does not have any power that the member entities do not have.]

SECTION 5. Section 8364.151(a), Special District Local Laws Code, is amended to read as follows:

(a) For any authorized authority purpose, the authority may issue bonds or other obligations payable wholly or partly from revenue of the authority's water system, sanitary sewer system, or drainage system, including revenue from contracts with member entities or customers, or any combination of those sources of revenue.

SECTION 6. Subchapter D, Chapter 8364, Special District Local Laws Code, is amended by adding Section 8364.153 to read as follows:

Sec. 8364.153. FUNDING BY MEMBERS. Under a contract with the authority, a member entity may make payments from any of the member entity's sources of revenue, including ad valorem taxes, impact fees, grants, sales and use taxes, and any other source to provide money for the administrative and operating expenses of the authority.

SECTION 7. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act 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.

(b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

(d) 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 Act are fulfilled and accomplished.

SECTION 8. 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, 2013.