BILL ANALYSIS |
C.S.H.B. 1920 |
By: Flynn |
Natural Resources |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
The Palo Duro River Authority of Texas is subject to limited review under the Texas Sunset Act. C.S.H.B. 1920 seeks to revise and update the authority's enabling legislation and includes statutory modifications recommended by the Sunset Advisory Commission.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 1920 amends Chapter 438, Acts of the 63rd Legislature, Regular Session, 1973, to revise and update the governing provisions of the Palo Duro River Authority of Texas. The bill reclassifies the authority as the Palo Duro Water District, revises provisions relating to the district's territory and board of directors, revises provisions relating to the district's authority to undertake certain water projects inside or outside the boundaries, revises the waters over which the district has jurisdiction, and revises the district's authority regarding the sale, trade, or disposition of real or personal property and provisions relating to the construction of a dam. The bill removes the prohibition against the district developing or otherwise acquiring underground sources of water.
C.S.H.B. 1920 removes imprisonment as a penalty for the breach of a district regulation, removes the prohibition against territory being detached from the district after the issuance of bonds payable from revenues or taxes or from both revenues and taxes, revises provisions for bonds issued by the district to meet certain interest bearing requirements, removes the requirement that taxes levied by the district constitute a lien on the property against which the taxes are levied, and revises provisions relating to consideration of pledged revenue with respect to a determination of the property tax rate backing applicable bonds. The bill authorizes the district to develop and generate electric energy by means of renewable energy resources inside the boundaries of the district and distribute and sell electric energy to an entity that operates in the Electric Reliability Council of Texas power region, an entity that operates in the Southwest Power Pool power region, or an electric cooperative that operates in Texas. The bill expressly does not require such an entity to build a new transmission line and establishes that grid interconnection made for the purposes of such authorization does not subject an entity to the jurisdiction of the Federal Energy Regulatory Commission and does not affect the jurisdiction of the commission over an entity over which the Texas Commission on Environmental Quality already has jurisdiction. The bill authorizes the district to lease the hunting rights on property owned by the district and develop, manage, or lease property owned by the district for any recreational purpose. The bill provides that a county or municipality may withdraw from the district or that the district may dissolve according to the procedures set out in the bill for such withdrawal or dissolution, including a requirement that the member entities reach a certain financial agreement.
C.S.H.B. 1920 requires the district's board of directors to develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any agenda item at board meetings. The bill sets out provisions relating to a disclosure of certain financial interest by a director; removal of a director for inefficiency, neglect of duty, or misconduct in office; complaints filed with the district; and a district policy to encourage the use of negotiated rulemaking procedures and appropriate alternative dispute resolution procedures. The bill requires the board to develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the general manager and staff of the district.
C.S.H.B. 1920 prohibits a person who is appointed to and qualifies for office as a director from voting, deliberating, or being counted as a director in attendance at a meeting of the board until the person completes a training program. The bill sets out provisions relating to such program and includes a temporary provision set to expire January 1, 2018, authorizing a person serving on the district's board of directors to vote, deliberate, and be counted as a director in attendance at a meeting of the board until December 1, 2017, notwithstanding this prohibition.
C.S.H.B. 1920 amends the Government Code to remove the district from limited review under the Texas Sunset Act.
C.S.H.B. 1920 repeals provisions relating to a county's authority to be detached from the district before the issuance of district bonds.
C.S.H.B. 1920 repeals the following provisions of Chapter 438, Acts of the 63rd Legislature, Regular Session, 1973: · Section 1A · Section 2A · Section 2B · Section 4 · Section 13(e) · Section 28(i) · Section 30
C.S.H.B. 1920 repeals the following provisions: · Section 9, Chapter 115, Acts of the 64th Legislature, Regular Session, 1975 · Section 6, Chapter 17, Acts of the 68th Legislature, Regular Session, 1983 · Section 4, Chapter 651, Acts of the 70th Legislature, Regular Session, 1987
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EFFECTIVE DATE
September 1, 2017.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 1920 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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