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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 84th Legislature, Regular Session, 2015, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on House Bill 928 (the management of water, |
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including the authority of certain entities to issue bonds to |
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finance certain water resource projects) to consider and take |
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action on the following matters: |
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(1) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill by adding proposed SECTIONS 5 |
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and 11 to the bill, amending Section 11.139, Water Code, and |
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governing the applicability of the amendment, to read as follows: |
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SECTION 5. Section 11.139, Water Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Section 11.148 [of this code], the |
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commission may grant an emergency permit, order, or amendment to an |
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existing permit, certified filing, or certificate of adjudication |
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after notice to the governor for an initial period of not more than |
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270 [120] days if the commission finds that: |
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(1) emergency conditions exist which present an |
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imminent threat to the public health and safety and which override |
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the necessity to comply with established statutory procedures; and |
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(2) there are no feasible practicable alternatives to |
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the emergency authorization. |
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(a-1) Such emergency action may be renewed once for not |
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longer than 60 days. |
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SECTION 11. The change in law made by Section 5 of this Act |
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applies only to an application for an emergency authorization or |
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renewal of an emergency authorization that is submitted to the |
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Texas Commission on Environmental Quality on or after the effective |
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date of that section. An application for an emergency |
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authorization or renewal of an emergency authorization that is |
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submitted to the commission before the effective date of that |
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section is governed by the law in effect immediately before the |
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effective date of that section, and that law is continued in effect |
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for that purpose. |
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Explanation: The addition of text is necessary to extend the |
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initial period of certain emergency authorizations to use state |
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water issued by the Texas Commission on Environmental Quality. |
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(2) House Rule 13, Sections 9(a)(1) and (3), are suspended |
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to permit the committee to change, alter, or amend text and to add |
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text on a matter not in disagreement in proposed SECTION 12 of the |
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bill, the effective date provision of the bill, to read as follows: |
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SECTION 12. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2015. |
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(b) Sections 5 and 11 of this Act take effect immediately if |
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this Act receives a vote of two-thirds of all the members elected to |
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each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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those sections to have immediate effect, those sections take effect |
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September 1, 2015. |
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Explanation: The change in the effective date provision is |
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necessary to ensure that the amendment to Section 11.139, Water |
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Code, extending the initial period of certain emergency |
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authorizations to use state water issued by the Texas Commission on |
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Environmental Quality, takes effect immediately if H.B. No. 928 |
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receives a vote of two-thirds of all the members elected to each |
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house. |
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(3) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill by adding proposed SECTION 7 to |
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the bill, amending Section 1372.042, Government Code, to read as |
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follows: |
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SECTION 7. Section 1372.042, Government Code, is amended by |
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adding Subsection (b-1) and amending Subsection (c) to read as |
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follows: |
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(b-1) Notwithstanding Subsections (a), (a-1), and (b), an |
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issuer shall close on bonds issued for a water resource project that |
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is part of the state water plan or an approved initially prepared |
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regional water plan for Regional Water Planning Area L, as |
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designated under Section 16.053, Water Code, submitted to the Texas |
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Water Development Board and for which a reservation was granted |
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after August 15 not later than the 220th day after the reservation |
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date. |
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(c) Notwithstanding Subsections (a), (a-1), [and] (b), and |
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(b-1), if the 120-day period, the 150-day period, [or] the 180-day |
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period, or the 220-day period, as applicable, expires on or after |
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December 24 of the year in which the reservation was granted, the |
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issuer shall close on the bonds before December 24, except that if |
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the applicable period expires after December 31 of that year, the |
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issuer may notify the board in writing before December 24 of the |
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issuer's election to carry forward the reservation and of the |
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issuer's expected bond closing date. In compliance with the |
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requirements of Section 146(f), Internal Revenue Code of 1986, the |
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board shall file in a timely manner a carryforward election with |
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respect to any bonds expected to close after December 31 to permit |
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the bonds to close by the expected date, except that the board may |
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not file the carryforward election after February 15 of the year |
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following the year in which the reservation was granted. The grant |
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of the reservation for the balance of the 120-day period, the |
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150-day period, [or] the 180-day period, or the 220-day period, as |
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applicable, is automatically and immediately reinstated on the |
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board's filing of a carryforward election with respect to the |
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reservation. |
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Explanation: The addition of text is necessary to extend the |
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deadline for closing on bonds issued for a water resource project |
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that is part of the state water plan or an approved initially |
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prepared regional water plan for Regional Water Planning Area L. |
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(4) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill by adding proposed SECTION 8 to |
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the bill, amending Section 501.159, Local Government Code, to read |
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as follows: |
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SECTION 8. Section 501.159, Local Government Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A corporation described by Section 501.107(a)(1) may |
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issue bonds to finance a water resource project for Regional Water |
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Planning Area L, as designated under Section 16.053, Water Code, |
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that involves a minimum of 30,000 acre-feet, regardless of whether |
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a request required by Subsection (a) has been made. |
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Explanation: The addition of text is necessary to allow a |
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development corporation in certain border counties to issue bonds |
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to finance a water resource project for Regional Water Planning |
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Area L without a request for the project by the governing body of |
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the development corporation or governmental unit in which the |
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project is located. |
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Guillen |
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______________________________ |
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Speaker of the House |
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I certify that H.R. No. 3507 was adopted by the House on May |
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31, 2015, by the following vote: Yeas 135, Nays 8, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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