| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the powers and duties of the Gulf Coast Waste Disposal |
|
|
Authority. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 1.01, Chapter 409, Acts of the 61st |
|
|
Legislature, Regular Session, 1969, is amended to read as follows: |
|
|
Sec. 1.01. PURPOSE. The purpose of this Act is to establish |
|
|
an instrumentality for developing and effectuating for Chambers, |
|
|
Galveston, and Harris Counties a regional water quality management |
|
|
program including provision of waste disposal and water systems and |
|
|
regulation of disposal of wastes. |
|
|
SECTION 2. Section 1.03(a), Chapter 409, Acts of the 61st |
|
|
Legislature, Regular Session, 1969, is amended by adding |
|
|
Subdivision (23) to read as follows: |
|
|
(23) "Water system" means a system of pipelines, |
|
|
conduits, canals, pumping stations, force mains, plants, storage, |
|
|
or other facilities used for the treatment, collection, or |
|
|
distribution of water. |
|
|
SECTION 3. Section 3.01(e), Chapter 409, Acts of the 61st |
|
|
Legislature, Regular Session, 1969, is amended to read as follows: |
|
|
(e) Subject only to the authority vested by general law, and |
|
|
particularly Chapters 11, 13, and [Chapter] 26, Water Code, in the |
|
|
commission, the authority is empowered to provide water systems and |
|
|
to control water pollution and waste disposal within the district. |
|
|
SECTION 4. The heading to Section 3.14, Chapter 409, Acts of |
|
|
the 61st Legislature, Regular Session, 1969, is amended to read as |
|
|
follows: |
|
|
Sec. 3.14. ACQUISITION, CONSTRUCTION, AND OPERATION OF |
|
|
WATER OR DISPOSAL SYSTEMS. |
|
|
SECTION 5. Section 3.14, Chapter 409, Acts of the 61st |
|
|
Legislature, Regular Session, 1969, is amended by amending |
|
|
Subsection (a) and adding Subsection (c) to read as follows: |
|
|
(a) The authority: |
|
|
(1) may acquire and provide by purchase, gift or lease |
|
|
any water or disposal systems within or outside the district; |
|
|
(2) may construct and provide water or disposal |
|
|
systems within or outside the district; |
|
|
(3) may operate and sell any water or disposal systems |
|
|
that it constructs or acquires; |
|
|
(4) may contract with any person to operate and |
|
|
maintain, within or outside the district, any water or disposal |
|
|
system belonging to the person; and |
|
|
(5) may contract with any person to train or supervise |
|
|
employees of a water or disposal system within or outside the |
|
|
district. |
|
|
(c) In taking an action under this section, the authority |
|
|
shall comply with the requirements of Section 3.16A. |
|
|
SECTION 6. Section 3.16, Chapter 409, Acts of the 61st |
|
|
Legislature, Regular Session, 1969, is amended to read as follows: |
|
|
Sec. 3.16. SALE OF WATER AND BY-PRODUCTS. The authority may |
|
|
store and sell water that it collects under Section 3.14 or 3.15 of |
|
|
this Act, and may furnish water of a specified quality. It also may |
|
|
store and sell any by-product from its operations. |
|
|
SECTION 7. Chapter 409, Acts of the 61st Legislature, |
|
|
Regular Session, 1969, is amended by adding Section 3.16A to read as |
|
|
follows: |
|
|
Sec. 3.16A. LIMITATION ON SERVICE AREA. The authority must |
|
|
obtain the consent of the director of public works of the City of |
|
|
Houston for the acquisition, construction, or operation of a water |
|
|
system that distributes raw or treated water within Austin, |
|
|
Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, |
|
|
Montgomery, or Waller County, other than a water system that |
|
|
distributes effluent, reclaimed water, reuse water, or treated |
|
|
wastewater produced from a waste treatment facility. |
|
|
SECTION 8. Section 3.23(l), Chapter 409, Acts of the 61st |
|
|
Legislature, Regular Session, 1969, is amended to read as follows: |
|
|
(l) Subject to Section 3.16A: |
|
|
(i) The authority and all persons are authorized to |
|
|
enter into contracts with respect to any waste and any waste |
|
|
disposal or treatment facilities, water system facilities, and any |
|
|
other facilities described in this Subsection (l) or any other part |
|
|
of this Act, and the authority is authorized to execute all |
|
|
appropriate documents and instruments in connection therewith; and |
|
|
the authority is authorized to issue bonds with respect to any of |
|
|
its powers, including those powers granted in this Subsection (l), |
|
|
and also for the purpose of providing or funding any debt service |
|
|
reserve fund or other special reserve, contingency, or other fund |
|
|
in connection with bonds, and/or also for the purpose of providing |
|
|
funds to operate any facilities for a period not to exceed three |
|
|
years after completion and to maintain any facilities, and/or to |
|
|
provide funds to pay interest on bonds during such period as is |
|
|
determined by the authority; and |
|
|
(ii) The authority may exercise the powers, duties, |
|
|
and authority defined in the Regional Waste Disposal Act (Chapter |
|
|
30, Vernon's Texas Water Code), and all of the provisions of the |
|
|
Regional Waste Disposal Act, as it now exists and as it hereafter |
|
|
may be amended, are applicable to the authority, except to the |
|
|
extent of any conflict with this Act, in which case this Act shall |
|
|
prevail over the provisions of the Regional Waste Disposal Act; and |
|
|
the authority may exercise the same rights, powers, and authority |
|
|
with respect to the control, storage, preservation, transmission, |
|
|
treatment, and disposition of water and water systems that it may |
|
|
exercise under this section with regard to waste, waste disposal |
|
|
systems, and treatment facilities; and |
|
|
(iii) All persons are authorized to contract with the |
|
|
authority in any manner authorized by this Act or the Regional Waste |
|
|
Disposal Act with respect to any facilities described in this |
|
|
Subsection (l) or any other part of this Act; provided that any |
|
|
public agency or local government additionally is authorized to |
|
|
enter into and execute any such contract with the authority and to |
|
|
determine, agree, and pledge that all or any part of its payments |
|
|
under such contract shall be payable from the source described in |
|
|
Subsection (c) of Section 30.030 of the Regional Waste Disposal |
|
|
Act, subject only to the authorization of such contract, pledge, |
|
|
and payments by a majority vote of the governing body of such public |
|
|
agency or local government. All public agencies and local |
|
|
governments also are authorized to use and pledge any other |
|
|
available revenues or resources whatsoever for and to the payment |
|
|
of amounts due under such contracts as an additional source or |
|
|
sources of payment thereof or as the sole source or sources of |
|
|
payment thereof and may covenant with respect thereto so as to |
|
|
assure the availability thereof when required; and |
|
|
(iv) All public agencies and local governments are |
|
|
authorized to fix, charge, and collect fees, rates, charges, |
|
|
rentals, and other amounts for any services or facilities provided |
|
|
pursuant to or in connection with any contract with the authority |
|
|
from its inhabitants or from any users or beneficiaries of such |
|
|
services or facilities, including specifically water charges, |
|
|
sewage charges, solid waste disposal system fees and charges |
|
|
(including garbage collection or handling fees), and other fees and |
|
|
charges and to use and pledge same to make payments to the authority |
|
|
required under the contract and may covenant to do so in amounts |
|
|
sufficient to make all or any part of such payments to the authority |
|
|
when due; and |
|
|
(v) This Subsection (l) shall be wholly sufficient |
|
|
authority within itself for the issuance of the bonds, subject to |
|
|
Subchapter 5 of this Act, the execution of the contracts, and the |
|
|
performance of the other acts and procedures authorized herein by |
|
|
the authority and all persons, including specifically public |
|
|
agencies, without reference to any other provisions of law or any |
|
|
restrictions or limitations contained therein, except as herein |
|
|
specifically provided; and in any case, to the extent of any |
|
|
conflict or inconsistency between any provisions of this subsection |
|
|
and any other provision of law (including any home-rule city |
|
|
charter provisions), this subsection shall prevail and control; |
|
|
provided, however, that the authority and all persons, including |
|
|
specifically public agencies, shall have the right to use any other |
|
|
provisions of law not in conflict with the provisions of this |
|
|
subsection to the extent convenient or necessary to carry out any |
|
|
power or authority, express or implied, granted by this subsection. |
|
|
(vi) The authority is expressly made subject to the |
|
|
continuing supervision of the state by and through the commission |
|
|
or its successor and Chapter 50, Water Code. |
|
|
SECTION 9. 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. |
|
|
|
|
|
* * * * * |