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SECTION 1. Chapter 712, Acts
of the 59th Legislature, Regular Session, 1965, is amended by adding Section
3A to read as follows:
Sec. 3A. In connection
with the acquisition of water, or the treatment, storage, or transportation
of water, the district may enter into agreements
for the purchase or sale of electric power.
An agreement entered into under
this section may provide for a term of years and include provisions that
the Board of Directors determines are in the best interest of the district,
including provisions for the posting of collateral or payment of an early
termination amount in the event of early termination.
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SECTION 1. Chapter 712, Acts
of the 59th Legislature, Regular Session, 1965, is amended by adding
Section 3A to read as follows:
Sec. 3A. In connection
with the acquisition of water, or the treatment, storage, or transportation
of water, the district may enter into retail
service agreements within the Electric Reliability Council of Texas for the
purchase of electricity for the district's own use and may sell electricity
in a sale or resale only by way of a registered power marketer or power
generation company in accordance with applicable public utility commission
rules and requirements of the Electric Reliability Council of Texas.
An agreement entered into
under this section may provide for a term of years and include provisions
that the Board of Directors determines are in the best interest of the
district, including provisions for the posting of collateral or payment of
an early termination amount in the event of early termination.
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SECTION 2. Sections 5 and
5(a), Chapter 712, Acts of the 59th Legislature, Regular Session, 1965, are
amended to read as follows:
Sec. 5. The management and
control of the District is hereby vested in a Board of nine directors. [The
seven directors appointed by the Commissioners Court of Galveston County
shall represent the geographic and ethnic diversity of the county.]
Vacancies on the Board of Directors, whether by death, resignation or
termination of the term of office, shall be filled by appointment by the
commissioners court that appointed the director. All terms of office shall
be for a period of two (2) years. Terms shall be staggered. [Three (3)
of the members appointed by the Commissioners Court of Galveston County
shall be registered professional engineers under the laws of Texas.]
Sec. 5(a). The directors
of the district shall be appointed as follows:
(1) four directors
appointed by the Galveston County Commissioners Court, two of whom represent municipal interests, and two of whom represent industrial
interests;
(2) two directors
appointed by the Fort Bend County Commissioners Court, one of whom
represents municipal interests, and one of whom represents the county at
large; and
(3) three directors
appointed by the Brazoria County Commissioners Court, one of whom
represents agricultural interests, one of whom represents municipal
interests, and one of whom represents industrial interests. [One (1)
director of the District shall be appointed by the Commissioners Court of
Galveston County upon the recommendation of the City Council of the City of
Galveston. Six of the remaining directors shall be appointed by the
Commissioners Court of Galveston County with two directors appointed
at-large and the remaining four of those directors appointed on the written
recommendation of advisory committees appointed by the Board of Directors
of the Gulf Coast Water Authority. Two of those directors shall be
recommended by the Mainland Municipal Advisory Committee and two of those
directors shall be recommended by the Industrial Advisory Committee. The
Commissioners Court of Galveston County is entitled to accept or reject the
recommendations made to the court by the advisory committees. If a
recommendation made by an advisory committee is rejected, the advisory
committee shall submit additional recommendations to the court.
[The Industrial Advisory
Committee is composed of one representative of each industrial customer of
the Gulf Coast Water Authority. The Mainland Municipal Advisory Committee
is composed of one representative of each municipal or water district
customer of the Gulf Coast Water Authority that contracts for not less than
2 million gallons of water a day. The names of the representatives of each
of the committees shall be submitted to the Board of Directors of the Gulf
Coast Water Authority by the respective industrial and municipal or water
district customers. The directors of the Gulf Coast Water Authority shall
submit the names of the advisory committee members to the Commissioners
Court of Galveston County, which shall record the names in the minutes of
the court.
[One director shall be
appointed by the Commissioners Court of Fort Bend County to represent
District customers in that county. The director must be recommended by one
or more of those customers and reside in that county.
[One director shall be
appointed by the Commissioners Court of Brazoria County to represent
District customers in that county. The director must be recommended by one
or more of those customers and reside in that county.]
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SECTION 2. Sections 5 and
5(a), Chapter 712, Acts of the 59th Legislature, Regular Session, 1965, are
amended to read as follows:
Sec. 5. The management and
control of the District is hereby vested in a Board of nine directors. [The
seven directors appointed by the Commissioners Court of Galveston County
shall represent the geographic and ethnic diversity of the county.]
Vacancies on the Board of Directors, whether by death, resignation or
termination of the term of office, shall be filled by appointment by the
commissioners court that appointed the director. All terms of office shall
be for a period of two (2) years. Terms shall be staggered. [Three (3)
of the members appointed by the Commissioners Court of Galveston County
shall be registered professional engineers under the laws of Texas.]
Sec. 5(a). The directors
of the district shall be appointed as follows:
(1) four directors
appointed by the Galveston County Commissioners Court, one of whom represents municipal
interests, two of whom represent
industrial interests, and one of whom
represents the county at large;
(2) two directors
appointed by the Fort Bend County Commissioners Court, one of whom
represents municipal interests, and one of whom represents the county at
large; and
(3) three directors
appointed by the Brazoria County Commissioners Court, one of whom
represents agricultural interests, one of whom represents municipal
interests, and one of whom represents industrial interests. [One (1)
director of the District shall be appointed by the Commissioners Court of Galveston
County upon the recommendation of the City Council of the City of
Galveston. Six of the remaining directors shall be appointed by the
Commissioners Court of Galveston County with two directors appointed
at-large and the remaining four of those directors appointed on the written
recommendation of advisory committees appointed by the Board of Directors
of the Gulf Coast Water Authority. Two of those directors shall be
recommended by the Mainland Municipal Advisory Committee and two of those
directors shall be recommended by the Industrial Advisory Committee. The
Commissioners Court of Galveston County is entitled to accept or reject the
recommendations made to the court by the advisory committees. If a
recommendation made by an advisory committee is rejected, the advisory
committee shall submit additional recommendations to the court.
[The Industrial Advisory
Committee is composed of one representative of each industrial customer of
the Gulf Coast Water Authority. The Mainland Municipal Advisory Committee
is composed of one representative of each municipal or water district
customer of the Gulf Coast Water Authority that contracts for not less than
2 million gallons of water a day. The names of the representatives of each
of the committees shall be submitted to the Board of Directors of the Gulf
Coast Water Authority by the respective industrial and municipal or water
district customers. The directors of the Gulf Coast Water Authority shall
submit the names of the advisory committee members to the Commissioners
Court of Galveston County, which shall record the names in the minutes of
the court.
[One director shall be
appointed by the Commissioners Court of Fort Bend County to represent
District customers in that county. The director must be recommended by one
or more of those customers and reside in that county.
[One director shall be
appointed by the Commissioners Court of Brazoria County to represent
District customers in that county. The director must be recommended by one
or more of those customers and reside in that county.]
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SECTION 3. (a) The terms of
the members of the board of directors of the Gulf Coast Water Authority
serving on the effective date of this Act expire September 1, 2015.
(b) Not later than September
1, 2015, the entities described by Section 5(a), Chapter 712, Acts of the
59th Legislature, Regular Session, 1965, as amended by this Act, shall make
the appointments required by that section.
(c) The members of the board
appointed under Subsection (b) of this section shall draw lots to determine
which four board members shall serve a one-year term and which five members
shall serve a two-year term.
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SECTION 3. Same as introduced
version.
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SECTION 4. (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.
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SECTION 4. Same as introduced
version.
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