84R22446 SLB-F
 
  By: Bonnen of Brazoria H.B. No. 4168
 
  Substitute the following for H.B. No. 4168:
 
  By:  Burns C.S.H.B. No. 4168
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the composition of the board of directors and the powers
  of the Gulf Coast Water Authority.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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.
         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.]
         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.
         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.
         SECTION 5.  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, 2015.