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A BILL TO BE ENTITLED
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AN ACT
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relating to the Guadalupe-Blanco River Authority; following the |
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recommendations of the Sunset Advisory Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1A(a), Chapter 75, Acts of the 43rd |
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Legislature, 1st Called Session, 1933, is amended to read as |
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follows: |
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(a) The District is subject to review under Chapter 325, |
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Government Code (Texas Sunset Act), but may not be abolished under |
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that chapter. The review shall be conducted under Section 325.025, |
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Government Code, as if the District were a state agency scheduled to |
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be abolished September 1, 2031 [2019], and every 12th year after |
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that year. |
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SECTION 2. Section 2, Chapter 75, Acts of the 43rd |
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Legislature, 1st Called Session, 1933, is amended to read as |
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follows: |
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Sec. 2. Except as expressly limited by this Act, the |
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District shall have and is hereby authorized to exercise all |
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powers, rights, privileges, and functions conferred by General Law, |
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now in force or hereafter enacted, upon any District or Districts |
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created pursuant to Section 59, of Article 16, of the Constitution |
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of the State of Texas (excluding underground water conservation |
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districts), and the same are adopted by reference. Without |
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limitation of the generality of the foregoing, the District shall |
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have and is hereby authorized to exercise the following powers, |
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rights, privileges, and functions; |
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(a) to control, store and preserve, within or adjoining the |
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boundaries of the District, the waters of any rivers and streams, |
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including the waters of the Guadalupe and Blanco Rivers and their |
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tributaries, for all useful purposes, and to use, distribute and |
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sell the same, within the boundaries of the District, for any such |
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purposes; |
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(b) to conserve, preserve and develop underground waters |
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within the boundaries of the District (subject to any applicable |
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regulation by the State or any political subdivision) for all |
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useful purposes, and to use, distribute and sell the same, within |
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the boundaries of the District for any such purposes; |
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(c) to acquire water, water supply facilities and |
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conservation storage capacity within or without the District from |
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any person, including the State or any of its agencies and |
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subdivisions and the United States of America and any of its |
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agencies and subdivisions; |
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(d) to use, distribute and sell, without the boundaries of |
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the District, any waters which may be controlled, stored, |
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preserved, conserved, developed or acquired by the District, if the |
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Board hereinafter referred to determines that adequate provision |
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can be made to continue to serve the water requirements within the |
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boundaries of the District, provided the District shall not enter |
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into any agreement which contemplates or results in the removal |
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from the watershed of the Guadalupe and Blanco Rivers and their |
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tributaries of any surface water of the District necessary to |
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supply the reasonably foreseeable future water requirements for |
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municipal uses during the next ensuing fifty-year period within |
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such watershed, except on a temporary, interim basis; |
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(e) to develop and generate water power and electric energy |
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within the boundaries of the District and to distribute and sell |
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water power and electric energy, within or without the boundaries |
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of the District; |
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(f) to prevent or aid in the prevention of damage to person |
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or property from the waters of the Guadalupe and Blanco Rivers and |
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their tributaries; |
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(g) to forest and reforest and to aid in the foresting and |
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reforesting of the watershed area of the Guadalupe and Blanco |
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Rivers and their tributaries and to prevent and to aid in the |
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prevention of soil erosion and floods within said watershed area; |
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(h) to develop the navigation of inland waters within the |
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boundaries of the District and any facilities in aid thereof; |
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(i) to develop the reclamation and drainage of overflowed |
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lands and other lands needing drainage within the boundaries of the |
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District and any facilities in aid thereof (but not to reclaim or |
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drain coastal wetlands or inland marshes); |
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(j) to develop the collection, transportation, treatment, |
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disposal and handling of any waste as such term may be defined by |
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General Law and any facilities in aid thereof (but only with the |
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consent of a city if sanitary sewer facilities for the collection, |
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treatment and disposal of sewage are to be constructed or acquired |
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within its corporate limits); |
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(k) to conserve and develop waters and lands for recreation |
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purposes and any facilities in aid thereof; |
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(l) to acquire by purchase, lease, gift or in any other |
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manner (otherwise than by condemnation) and to maintain, use and |
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operate any and all property of any kind, real, personal, or mixed, |
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or any interest therein, within or without the boundaries of the |
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District, necessary or convenient to the exercise of the powers, |
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rights, privileges and functions conferred upon it by this Act; |
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(m) to acquire by condemnation any and all property of any |
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kind, real, personal or mixed, or any interest therein, within or |
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without the boundaries of the District (other than such property or |
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any interest therein without the boundaries of the District as may |
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at the time be owned by any body politic) necessary or convenient to |
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the exercise of the powers, rights, privileges, and functions |
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conferred upon it by this Act, in the manner provided by General Law |
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with respect to condemnation or, at the option of the District, in |
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the manner provided by the Statutes relative to condemnation by |
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Districts organized under General Law pursuant to Section 59, of |
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Article 16, of the Constitution of the State of Texas; |
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(n) subject to the provisions of this Act from time to time |
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sell, lease, or otherwise dispose of any property of any kind, real, |
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personal, or mixed, or any interest therein, which shall not be |
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necessary to the carrying on of the business of the District or the |
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sale, lease, or disposition of which, in the judgment of the Board |
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hereinafter referred to, is necessary or convenient to the exercise |
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of the powers, rights, privileges and functions conferred upon the |
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District by this Act or by General Law; |
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(o) to overflow and inundate any public lands and public |
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property and to require the relocation of roads, pipelines, |
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transmission lines, railroads, cemeteries and highways in the |
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manner and to the extent permitted to Districts organized under |
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General Law pursuant to Section 59, of Article 16, of the |
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Constitution of the State of Texas; provided that if the District |
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requires the relocation, raising, lowering, rerouting, or change in |
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grade or alteration in the construction of any railroad, |
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transmission lines, conduits, poles, properties, or facilities, or |
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pipelines in the exercise of the power of eminent domain or any |
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other power, all of the relocation, raising, lowering, rerouting or |
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changes in grade or alteration of construction shall be the sole |
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expense of the District. The term 'sole expense' means the actual |
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cost of relocation, raising, lowering, rerouting, or change in |
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grade or alteration of construction to provide comparable |
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replacement without enhancement of facilities, after deducting the |
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net salvage value derived from the old facility; |
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(p) to construct, extend, improve, maintain, and |
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reconstruct, to cause to be constructed, extended, improved, |
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maintained and reconstructed, and to use and operate, any and all |
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facilities of any kind necessary or convenient to the exercise of |
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such powers, rights, privileges and functions; |
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(q) to sue and to be sued in its corporate name; |
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(r) to adopt, use and alter a corporate seal; |
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(s) to invest and re-invest its funds; |
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(t) to make by-laws for the management and regulation of its |
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affairs; |
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(u) to appoint officers, agents, and employees, to |
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prescribe their duties and to fix their compensation; |
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(v) to make contracts and to execute instruments necessary |
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or convenient to the exercise of the powers, rights, privileges, |
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and functions conferred upon it by this Act or General Law for such |
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term and with such provisions as the Board hereinafter referred to |
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may determine to be in the best interests of the District, |
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including, without in any way limiting the generality of the |
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foregoing, contracts with persons, including the State of Texas, |
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the United States of America and any corporation or agency thereof |
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and districts, cities, towns, persons, organizations, |
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associations, firms, corporations, entities or others, as such |
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Board may deem necessary or proper for, or in connection with, any |
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corporate purpose to provide for the construction, acquisition, |
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ownership, financing, operation, maintenance, sale, leasing to or |
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from, or other use or disposition of any facilities authorized to be |
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developed, preserved, conserved, acquired, or constructed under |
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this Act or General Law, including any improvements, structures, |
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facilities, equipment and all other property of any kind in |
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connection therewith and any lands, leaseholds, easements and any |
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interests in any of the foregoing; |
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(w) to authorize and allow any of such persons, including |
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the State of Texas, the United States of America and any corporation |
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or agency thereof and districts, agencies, cities, towns, persons, |
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organizations, associations, firms, corporations, entities or |
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others to participate with the District in the joint construction, |
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acquisition, ownership, financing, operation, and maintenance of |
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all of such improvements, structures, facilities, equipment and any |
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other property in connection therewith, and all such lands, |
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leaseholds, easements and interests therein as the Board |
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hereinafter referred to may determine is necessary or proper for, |
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or in connection with, any corporate purpose, and to allow such |
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persons to receive such portion of the revenues derived therefrom |
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as such Board shall deem just, equitable and proper; |
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(x) to borrow money for its corporate purposes and, without |
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limitation of the generality of the foregoing, to borrow money and |
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accept grants from persons, including the State of Texas, the |
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United States of America, or from any corporation or agency created |
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or designated by the State of Texas or the United States of America, |
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and, in connection with any such loan or grant, to enter into such |
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agreements as the State of Texas or the United States of America or |
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such corporations or agency may require; and to make and issue its |
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negotiable bonds or notes for moneys borrowed, in the manner and to |
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the extent provided in this Act, and to refund or refinance any |
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outstanding bonds or notes and to make and issue its negotiable |
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bonds or notes therefor in the manner and to the extent provided in |
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this Act. Nothing in this Act shall authorize the issuance of any |
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bonds, notes, or other evidences of indebtedness of the District, |
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except as specifically provided in this Act, and no issuance of |
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bonds, notes, or other evidences of indebtedness of the District |
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shall ever be authorized except by this Act or General Law; |
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(y) nothing herein shall be construed as conferring any |
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water rights on the District, or as fixing any priority of rights, |
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but said District shall obtain its water rights by application to |
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and permit from the Texas Water Rights Commission as provided by |
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General Statute; and nothing herein shall be construed as |
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authorizing the District to make any regulation of the withdrawal |
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of underground waters. To the extent the provisions of General Law |
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which are adopted by reference in this Act may be in conflict with |
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the express provisions of this Act, the provisions of this Act shall |
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prevail unless the General Law is made cumulative. The rights, |
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powers, privileges, authority, and functions granted to the |
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District under this Act, and the District itself, are expressly |
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subject to Chapters 5, 7, 11, 12, 17, 26, and 30 [5, 6 and 21], Water |
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Code, and Chapter 366, Health and Safety Code. |
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SECTION 3. Section 4, Chapter 75, Acts of the 43rd |
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Legislature, 1st Called Session, 1933, is amended to read as |
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follows: |
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Sec. 4. (a) The powers, rights, privileges and functions of |
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the District shall be exercised by a board of nine (9) directors |
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(herein called the Board), which is a state board of a state agency |
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as contemplated by Section 30a of Article XVI, Constitution of |
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Texas. Each member of the Board shall be a freehold property |
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taxpayer of the State of Texas and shall reside in one of the |
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counties which is included within the boundaries of the District, |
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but only one director shall be appointed from any county. The |
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directors shall be appointed by the Governor from nominations |
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furnished him by the Texas Water Rights Commission and the |
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appointments confirmed by the Senate as in other cases of |
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appointments by the Governor. Of the directors first appointed, |
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three (3) shall hold office for a term expiring February l, 1937, |
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three (3) for a term expiring February l, 1939, and three (3) for a |
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term expiring February l, 1941. Thereafter, directors shall hold |
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office for a term of six (6) years. Each director shall hold office |
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until the expiration of the term for which he was appointed and |
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thereafter, until his successor shall have been appointed and |
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qualified unless sooner removed as in this Act provided. Any |
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director may be removed by the authority which appointed him for |
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inefficiency, neglect of duty or misconduct in office, after at |
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least ten (10) days' written notice of the charge against him and an |
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opportunity to be heard in person or by counsel at public hearing. A |
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vacancy resulting from the death, resignation or removal of any |
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director shall be filled by the authority which appointed him for |
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the unexpired term. Each director shall qualify by taking the |
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official oath of office prescribed by General Statute. |
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[(a)
Each director shall receive Twenty-five Dollars ($25)
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per day, or such amount as may hereafter be prescribed by general
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law, for each day spent in attending meetings of the Board, and any
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other business of the District that the Board thinks necessary,
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plus actual traveling and other expenses.] |
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(b) Until the adoption of by-laws fixing the time and place |
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of regular meetings and the manner in which special meetings may be |
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called, meetings of the Board shall be held at such times and places |
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as five (5) of the directors may designate in writing. Five (5) |
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directors shall constitute a quorum at any meeting and, except as |
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otherwise provided, in this Act or in the by-laws, all action may be |
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taken by the affirmative vote of a majority of the directors present |
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at any such meeting, except that no contracts which involve any |
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amount greater than Ten Thousand Dollars ($10,000) or which is to |
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run for a period longer than a year, and no bonds, notes or other |
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evidence of indebtedness and no amendment of the by-laws shall be |
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valid unless authorized or ratified by the affirmative vote of at |
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least five (5) directors. |
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SECTION 4. Chapter 75, Acts of the 43rd Legislature, 1st |
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Called Session, 1933, is amended by adding Section 4A to read as |
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follows: |
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Sec. 4A. (a) A person who is appointed to and qualifies for |
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office as a director may not vote, deliberate, or be counted as a |
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director in attendance at a Board meeting until the person |
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completes a training program that complies with this section. |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the law governing District operations; |
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(2) the programs, functions, rules, and budget of the |
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District; |
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(3) the scope of and limitations on the rulemaking |
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authority of the District; |
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(4) the results of the most recent formal audit of the |
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District; |
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(5) the requirements of: |
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(A) laws relating to open meetings, public |
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information, administrative procedure, and disclosure of conflicts |
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of interest; and |
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(B) other laws applicable to members of the |
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governing body of a river authority in performing their duties; and |
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(6) any applicable ethics policies adopted by the |
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District or the Texas Ethics Commission. |
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(c) A person appointed to the Board is entitled to |
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reimbursement for the travel expenses incurred in attending the |
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training program regardless of whether the attendance at the |
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program occurs before or after the person qualifies for office. |
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(d) The general manager shall create a training manual that |
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includes the information required by Subsection (b) of this |
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section. The general manager shall distribute a copy of the |
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training manual annually to each director. Each director shall |
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sign and submit to the general manager a statement acknowledging |
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that the director has received the training manual. |
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SECTION 5. Section 5, Chapter 75, Acts of the 43rd |
|
Legislature, 1st Called Session, 1933, is amended to read as |
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follows: |
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Sec. 5. The Governor shall designate a member of the Board |
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as the presiding officer of the Board to serve in that capacity at |
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the pleasure of the Governor. The Board shall select a Secretary |
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who shall keep true and complete records of all proceedings of the |
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Board. Until the appointment of a Secretary, or in the event of his |
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absence or inability to act, a secretary pro tem shall be selected |
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by the Board. The Board shall also select a General Manager, who |
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shall be the chief executive officer of the District, and a |
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treasurer. All such officers shall have such powers and duties, |
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shall hold office for such term and be subject to removal in such |
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manner as may be provided in the by-laws. The Board shall fix the |
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compensation of such officers. The Board may appoint such |
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officers, agents and employees, fix their compensation and term of |
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office and the method by which they may be removed, and delegate to |
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them such of its power and duties as it may deem proper. |
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SECTION 6. Chapter 75, Acts of the 43rd Legislature, 1st |
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Called Session, 1933, is amended by adding Section 5A to read as |
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follows: |
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Sec. 5A. The Board shall develop and implement policies |
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that clearly separate the policymaking responsibilities of the |
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Board and the management responsibilities of the general manager |
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and the staff of the District. |
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SECTION 7. Section 11, Chapter 75, Acts of the 43rd |
|
Legislature, 1st Called Session, 1933, is amended to read as |
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follows: |
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Sec. 11. The District shall have power and is hereby |
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authorized to issue, from time to time, bonds or notes as herein |
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authorized for any corporate purpose. Such bonds or notes |
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(hereinafter called 'bonds') may either be (1) sold for cash, at |
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public or private sale, at such price or prices as the Board shall |
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determine, provided that the interest cost of the money received |
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therefor, computed to maturity, shall not exceed ten (10) percent |
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per annum, or (2) may be issued on such terms as the Board shall |
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determine in exchange for property of any kind, real, personal or |
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mixed or any interest therein which the Board shall deem necessary |
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or convenient for any such corporate purpose, or (3) may be issued |
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in exchange for like principal amounts of other obligations of the |
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District, matured or unmatured. The proceeds of sale of such bonds |
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shall be deposited in such bank or banks or trust company or trust |
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companies, and shall be paid out pursuant to such terms and |
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conditions, as may be agreed upon between the District and the |
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purchasers of such bonds. All such bonds shall be authorized by |
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resolution or resolutions of the Board concurred in by at least five |
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(5) of the members thereof, and shall bear such date or dates, |
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mature at such time or times, bear interest at such rate or rates |
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which may be fixed, variable, floating or otherwise (not exceeding |
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ten (10) per centum per annum), payable annually, semiannually or |
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otherwise, be in such denominations, be in such form, either coupon |
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or registered, carry such registration privileges as to principal |
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only or as to both principal and interest, and as to exchange of |
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coupon bonds for registered bonds or vice versa, and exchange of |
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bonds of one denomination for bonds of other denominations, be |
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executed in such manner and be payable at such place or places |
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within or without the State of Texas, as such resolution or |
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resolutions may provide. Any resolution or resolutions authorizing |
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any bonds may contain provisions, which shall be part of the |
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contract between the District and the holders thereof from time to |
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time. |
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(a) Reserving the right to redeem such bonds or requiring |
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the redemption of such bonds, at such time or times, in such amounts |
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and at such prices, not exceeding one hundred and five per centum |
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(105%) of the principal amount thereof, plus accrued interest, as |
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may be provided; |
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(b) Providing for the setting aside of sinking funds or |
|
reserve funds and the regulation and disposition thereof; |
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(c) Pledging to secure the payment of the principal of and |
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interest on such bonds and of the sinking fund or reserve fund |
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payments agreed to be made in respect of such bonds all or any part |
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of the gross or net revenues thereafter received by the District in |
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respect of the property, real, personal or mixed, to be acquired |
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and/or constructed with such bonds or the proceeds thereof, or all |
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or any part of the gross or net revenues thereafter, received by the |
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District from whatever source derived; |
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(d) Prescribing the purposes to which such bonds or any |
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bonds thereafter to be issued, or the proceeds thereof, may be |
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applied; |
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(e) Agreeing to fix and collect rates and charges sufficient |
|
to produce revenues adequate to pay the items specified in |
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subdivisions (a), (b), (c), (d), and (e) of Section 9 hereof, and |
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prescribing the use and disposition of all revenues; |
|
(f) Prescribing limitations upon the issuance of additional |
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bonds and subordinate lien bonds and upon the agreements which may |
|
be made with the purchasers and successive holders thereof; |
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(g) With regard to the construction, extension, |
|
improvement, reconstruction, operation, maintenance and repair of |
|
the properties of the District and carrying of insurance upon all or |
|
any part of said properties covering loss or damage or loss of use |
|
and occupancy resulting from specified risks; |
|
(h) Fixing the procedure, if any, by which, if the District |
|
shall so desire, the terms of any contract with the holders of such |
|
bonds may be amended or abrogated, the amount of bonds the holders |
|
of which must consent thereto, and the manner in which such consent |
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may be given; |
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(i) For the execution and delivery by the District to a bank |
|
or trust company authorized by law to accept trusts, or to the |
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United States of America or any officer or agency thereof, of [or] |
|
indentures and agreements for the benefit of the holders of such |
|
bonds setting forth any or all of the agreements herein authorized |
|
to be made with or for the benefit of the holders of such bonds and |
|
such other provisions as may be customary in such indentures or |
|
agreements; and |
|
(j) Such other provisions, not inconsistent with the |
|
provisions of this Act, as the Board may approve. |
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(1) Any such resolution and any indenture or agreement |
|
entered into pursuant thereto may provide that in the event that: |
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(a) default shall be made in the payment of the |
|
interest on any or all bonds when and as the same shall become due |
|
and payable, or; |
|
(b) default shall be made in the payment of the |
|
principal of any or all bonds when and as the same shall become due |
|
and payable, whether at the maturity thereof, by call for |
|
redemption or otherwise, or; |
|
(c) default shall be made in the performance of |
|
any agreement made with the purchasers or successive holders of any |
|
bonds; |
|
(2) And such default shall have continued such period, |
|
if any, as may be prescribed by said resolution in respect thereof, |
|
the trustee under the indenture or indentures entered into in |
|
respect of the bonds authorized thereby, or, if there shall be no |
|
such indenture, a trustee appointed in the manner provided in such |
|
resolution or resolutions by the holders of twenty-five per centum |
|
(25%) in aggregate principal amount of the bonds authorized thereby |
|
and at that time outstanding, and upon the written request of the |
|
holders of twenty-five per centum (25%) in aggregate principal |
|
amount of the bonds authorized by such resolution or resolutions at |
|
the time outstanding, shall, in his or its own name, but for the |
|
equal and proportionate benefit of the holders of all the such |
|
bonds; and with or without having possession thereof; |
|
(a) by mandamus or other suit, action or |
|
proceeding at law or in equity, enforce all rights of the holders of |
|
such bonds; |
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(b) bring suit upon such bonds and/or the |
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appurtenant coupons; |
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(c) by action or suit in equity, require the |
|
District to account as if it were the trustee of an express trust |
|
for the bondholders; |
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(d) by action or suit in equity, enjoin any acts |
|
or things which may be unlawful or in violation of the rights of the |
|
holders of such bonds, and/or; |
|
(e) after such notice of the District as such |
|
resolution may provide, declare the principal of all of such bonds |
|
due and payable, and if all defaults shall have been made good, then |
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with the written consent of the holders of twenty-five (25) per |
|
centum in aggregate principal amount of such bonds at the time |
|
outstanding, annul such declaration and its consequences; |
|
provided, however, that the holders of more than a majority in |
|
principal amount of the bonds authorized thereby and at the time |
|
outstanding shall by [be] instrument or instruments in writing |
|
delivered to such trustee have the right to direct and control any |
|
and all action taken or to be taken by such trustee under this |
|
paragraph. Any such resolution, indenture or agreement may provide |
|
that in any such suit, action, or proceeding, any such trustee, |
|
whether or not all of such bonds shall have been declared due and |
|
payable, and with or without possession of any thereof, shall be |
|
entitled as of right to the appointment of a receiver who may enter |
|
and take possession of all or any part of the properties of the |
|
District, and operate and maintain the same, and fix, collect, and |
|
receive rates and charges sufficient to provide revenues adequate |
|
to pay the items set forth in subparagraphs (a), (b), (c), (d) and |
|
(e) of Section 9 hereof and the costs and disbursements of such |
|
suit, action or proceeding, and to apply such revenues in |
|
conformity with the provisions of this Act and the resolution or |
|
resolutions authorizing such bonds. In any suit, action or |
|
proceeding by any such trustee, the reasonable fees, counsel fees |
|
and expenses of such trustee and of the receiver or receivers, if |
|
any, shall constitute taxable disbursements and all costs and |
|
disbursements allowed by the Court shall be a first charge upon any |
|
revenues pledged to secure the payment of such bonds. Subject to |
|
the provisions of the Constitution of the State of Texas, the courts |
|
of the County of Comal shall have jurisdiction of any suit, action |
|
or proceeding by any such trustee on behalf of the bondholders and |
|
of all property involved therein. In addition to the powers |
|
hereinabove specifically provided for, each such trustee shall have |
|
and possess all powers necessary or appropriate [appropriated] for |
|
the exercise of any thereof, or incident to the general |
|
representation of the bondholders in the enforcement of their |
|
rights. |
|
(3) Pending the issuance of definitive bonds, the |
|
District is authorized to make and issue interim bonds. The interim |
|
bonds so issued will be taken up with the proceeds of the definitive |
|
bonds, or the definitive bonds may be issued and delivered in |
|
exchange for and in substitution of such interim bonds. After any |
|
such exchange and substitution the District shall file proper |
|
certificates with the Comptroller of Public Accounts of the State |
|
of Texas as to such exchange, substitution and cancellation, and |
|
such certificates shall be recorded by the Comptroller of Public |
|
Accounts in the same manner as the record of proceedings |
|
authorizing the issuance of the bonds. The District is also |
|
authorized to make and issue temporary bonds for the purpose of |
|
interim financing and to make agreements or other provision to |
|
refinance such temporary bonds with bonds to provide permanent |
|
financing at such time, in such manner and on such conditions as may |
|
be determined by the Board. |
|
(4) Before any bonds shall be sold by the District, a |
|
certified copy of the proceedings for the issuance thereof, |
|
including the form of such bonds, together with any other |
|
information which the Attorney General of the State of Texas may |
|
require, shall be submitted to the Attorney General, and if he shall |
|
find that such bonds have been issued in accordance with law, and if |
|
he shall approve such bonds, he shall execute a certificate to that |
|
effect which shall be filed in the office of the Comptroller of the |
|
State of Texas and be recorded in a record kept for that purpose. No |
|
bonds shall be issued until the same shall have been registered by |
|
the Comptroller, who shall so register the same if the Attorney |
|
General shall have filed with the Comptroller his certificate |
|
approving the bonds and the proceedings for the issuance thereof as |
|
hereinabove provided. |
|
(5) All bonds approved by the Attorney General as |
|
aforesaid, and registered by the Comptroller as aforesaid, and |
|
issued in accordance with the proceedings so approved shall be |
|
valid and binding obligations of the District and shall be |
|
incontestable for any cause from and after the time of such |
|
registration. |
|
(6) If any bonds recite that they are secured by a |
|
pledge of the proceeds of a contract, lease, sale or other agreement |
|
(herein called 'contract'), a copy of such contract and the |
|
proceedings of the contracting parties will also be submitted to |
|
the Attorney General. If such bonds have been authorized and such |
|
contracts made in compliance with law, the Attorney General shall |
|
approve the bonds and contracts, and the bonds shall then be |
|
registered by the Comptroller of Public Accounts. When so |
|
approved, such bonds and the contracts shall be valid and binding |
|
and shall be incontestable for any cause from and after the time of |
|
such registration. |
|
(7) The District is authorized to make and issue bonds |
|
or notes (herein called 'refunding bonds') for the purpose of |
|
refunding or refinancing any outstanding bonds or notes authorized |
|
and issued by the District pursuant to this Act or other law (herein |
|
called 'bonds') and the interest and premium, if any, thereon to |
|
maturity or on any earlier redemption date specified in the |
|
resolution authorizing the issuance of the refunding bonds. Such |
|
refunding bonds may be issued to refund more than one series of |
|
outstanding bonds, may combine the pledges of the outstanding bonds |
|
for the security of the refunding bonds or may be secured by other |
|
or additional revenues. All provisions of this Act with reference |
|
to the issuance of bonds, the terms and provisions thereof, their |
|
approval by the Attorney General, and the remedies of the |
|
bondholders shall be applicable to refunding bonds. Refunding |
|
bonds shall be registered by the Comptroller upon surrender and |
|
cancellation of the bonds to be refunded, but in lieu thereof, the |
|
resolution authorizing the issuance of refunding bonds may provide |
|
that they shall be sold and the proceeds thereof deposited at the |
|
places at which the original bonds are payable, in which case the |
|
refunding bonds may be issued in an amount sufficient to pay the |
|
interest and premium, if any, on the original bonds to their |
|
maturity date or specified earlier redemption date, and the |
|
Comptroller will register them without concurrence, surrender and |
|
cancellation of the original bonds. The District may also refund |
|
any outstanding bonds in the manner provided by any applicable |
|
General Law. |
|
SECTION 8. Chapter 75, Acts of the 43rd Legislature, 1st |
|
Called Session, 1933, is amended by adding Sections 23, 24, and 25 |
|
to read as follows: |
|
Sec. 23. (a) The Board shall develop a policy to encourage |
|
the use of: |
|
(1) negotiated rulemaking procedures under Chapter |
|
2008, Government Code, for the adoption of District rules; and |
|
(2) appropriate alternative dispute resolution |
|
procedures under Chapter 2009, Government Code, to assist in the |
|
resolution of internal and external disputes under the District's |
|
jurisdiction. |
|
(b) The District's procedures relating to alternative |
|
dispute resolution must conform, to the extent possible, to any |
|
model guidelines issued by the State Office of Administrative |
|
Hearings for the use of alternative dispute resolution by state |
|
agencies. |
|
(c) The District shall: |
|
(1) coordinate the implementation of the policy |
|
adopted under Subsection (a) of this section; |
|
(2) provide training as needed to implement the |
|
procedures for negotiated rulemaking or alternative dispute |
|
resolution; and |
|
(3) collect data concerning the effectiveness of those |
|
procedures. |
|
Sec. 24. (a) The Board shall develop and implement policies |
|
that provide the public with a reasonable opportunity to appear |
|
before the Board and to speak on any issue under the jurisdiction of |
|
the District. |
|
(b) At each regular meeting of the Board, the Board shall |
|
include public testimony as a meeting agenda item and allow members |
|
of the public to comment on other agenda items and other matters |
|
under the jurisdiction of the District. The Board may not |
|
deliberate on or decide a matter not included in the meeting agenda, |
|
except that the Board may discuss including the matter on the agenda |
|
for a subsequent meeting. |
|
Sec. 25. (a) The District shall maintain a system to |
|
promptly and efficiently act on complaints filed with the District. |
|
The District shall maintain information about the parties to and |
|
subject matter of the complaint, a summary of the results of the |
|
review or investigation of the complaint, and the disposition of |
|
the complaint. |
|
(b) The District shall make information available |
|
describing its procedures for complaint investigation and |
|
resolution. |
|
(c) The District shall periodically notify the complaint |
|
parties of the status of the complaint until final disposition. |
|
SECTION 9. Section 8, Chapter 75, Acts of the 43rd |
|
Legislature, 1st Called Session, 1933, is repealed. |
|
SECTION 10. (a) The term of the president of the board of |
|
directors of the Guadalupe-Blanco River Authority serving on the |
|
effective date of this Act expires September 1, 2019. The director |
|
serving as president on the effective date of this Act may continue |
|
to serve on the board of directors until the expiration of that |
|
director's term. |
|
(b) Not later than September 2, 2019, the governor shall |
|
designate a director as president of the board of directors of the |
|
Guadalupe-Blanco River Authority as required by Section 5, Chapter |
|
75, Acts of the 43rd Legislature, 1st Called Session, 1933, as |
|
amended by this Act. |
|
SECTION 11. (a) Notwithstanding Section 4A(a), Chapter 75, |
|
Acts of the 43rd Legislature, 1st Called Session, 1933, as added by |
|
this Act, a person serving on the board of directors of the |
|
Guadalupe-Blanco River Authority may vote, deliberate, and be |
|
counted as a director in attendance at a meeting of the board until |
|
December 1, 2019. |
|
(b) This section expires January 1, 2020. |
|
SECTION 12. The repeal by this Act of Section 8, Chapter 75, |
|
Acts of the 43rd Legislature, 1st Called Session, 1933, does not |
|
apply to an offense committed before the effective date of this Act. |
|
An offense committed before the effective date of this Act is |
|
governed by the law as it existed on the date the offense was |
|
committed, and the former law is continued in effect for that |
|
purpose. For purposes of this section, an offense was committed |
|
before the effective date of this Act if any element of the offense |
|
occurred before that date. |
|
SECTION 13. (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 14. This Act takes effect September 1, 2019. |