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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 84th |
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Legislature, Regular Session, 2015, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill 928 (the management of water, including the authority |
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of certain entities to issue bonds to finance certain water |
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resource projects) to consider and take action on the following |
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matters: |
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(1) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill by adding proposed SECTIONS 5 and 11 |
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to the bill, amending Section 11.139, Water Code, and governing |
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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], |
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the commission may grant an emergency permit, order, or amendment |
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to an existing permit, certified filing, or certificate of |
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adjudication after notice to the governor for an initial period |
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of not more than 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 |
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override the necessity to comply with established statutory |
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procedures; and |
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(2) there are no feasible practicable alternatives |
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to 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 |
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Act applies only to an application for an emergency authorization |
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or renewal of an emergency authorization that is submitted to the |
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Texas Commission on Environmental Quality on or after the |
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effective 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 |
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effect for that purpose. |
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Explanation: The addition of text is necessary to extend |
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the initial period of certain emergency authorizations to use |
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state water issued by the Texas Commission on Environmental |
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Quality. |
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(2) Senate Rules 12.03(1) and (3) are suspended to permit |
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the committee to change, alter, or amend text and to add text on a |
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matter not in disagreement in proposed SECTION 12 of the bill, |
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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 |
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this section, this Act takes effect September 1, 2015. |
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(b) Sections 5 and 11 of this Act take effect immediately |
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if this Act receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, |
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Texas Constitution. If this Act does not receive the vote |
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necessary for those sections to have immediate effect, those |
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sections take effect September 1, 2015. |
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Explanation: The change in the effective date provision |
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is necessary to ensure that the amendment to Section 11.139, |
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Water Code, extending the initial period of certain emergency |
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authorizations to use state water issued by the Texas Commission |
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on Environmental Quality, takes effect immediately if H.B. |
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No. 928 receives a vote of two-thirds of all the members elected |
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to each house. |
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(3) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill by adding proposed SECTION 7 to the |
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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 |
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by 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), |
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an issuer shall close on bonds issued for a water resource |
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project that is part of the state water plan or an approved |
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initially prepared regional water plan for Regional Water |
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Planning Area L, as designated under Section 16.053, Water Code, |
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submitted to the Texas Water Development Board and for which a |
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reservation was granted after August 15 not later than the 220th |
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day after the reservation date. |
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(c) Notwithstanding Subsections (a), (a-1), [and] (b), |
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and (b-1), if the 120-day period, the 150-day period, [or] the |
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180-day period, or the 220-day period, as applicable, expires on |
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or after December 24 of the year in which the reservation was |
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granted, the issuer shall close on the bonds before December 24, |
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except that if the applicable period expires after December 31 of |
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that year, the issuer may notify the board in writing before |
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December 24 of the issuer's election to carry forward the |
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reservation and of the issuer's expected bond closing date. In |
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compliance with the requirements of Section 146(f), Internal |
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Revenue Code of 1986, the board shall file in a timely manner a |
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carryforward election with respect to any bonds expected to close |
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after December 31 to permit the bonds to close by the expected |
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date, except that the board may not file the carryforward |
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election after February 15 of the year following the year in |
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which the reservation was granted. The grant of the reservation |
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for the balance of the 120-day period, the 150-day period, [or] |
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the 180-day period, or the 220-day period, as applicable, is |
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automatically and immediately reinstated on the board's filing |
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of a carryforward election with respect to the reservation. |
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Explanation: The addition of text is necessary to extend |
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the deadline for closing on bonds issued for a water resource |
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project that is part of the state water plan or an approved |
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initially prepared regional water plan for Regional Water |
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Planning Area L. |
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(4) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill by adding proposed SECTION 8 to the |
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bill, amending Section 501.159, Local Government Code, to read as |
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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 |
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Water Planning Area L, as designated under Section 16.053, Water |
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Code, that involves a minimum of 30,000 acre-feet, regardless of |
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whether 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 |
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bonds to finance a water resource project for Regional Water |
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Planning Area L without a request for the project by the |
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governing body of the development corporation or governmental |
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unit in which the project is located. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 31, 2015, by the |
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following vote: Yeas 25, Nays 6. |
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_______________________________ |
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Secretary of the Senate |