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A BILL TO BE ENTITLED
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AN ACT
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relating to the supervision of water districts by the Texas |
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Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.081(a), Water Code, is amended to |
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read as follows: |
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(a) The powers and duties of all districts and authorities |
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created under Article III, Section 52 and Article XVI, Section 59 of |
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the Texas Constitution are subject to the continuing right of |
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supervision of the State of Texas by and through the commission or |
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its successor, and this supervision may include but is not limited |
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to the authority to: |
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(1) inquire into the qualifications [competence,
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fitness, and reputation] of the officers and directors of any |
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district or authority; |
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(2) require, on its own motion or on complaint by any |
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person, audits or other financial information, inspections, |
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evaluations, and engineering reports; |
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(3) issue subpoenas for witnesses to carry out its |
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authority under this subsection; |
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(4) institute investigations and hearings using |
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examiners appointed by the commission; |
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(5) issue rules necessary to supervise the districts |
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and authorities, except that such rules shall not apply to water |
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quality ordinances adopted by any river authority which meet or |
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exceed minimum requirements established by the commission; and |
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(6) the right of supervision granted herein shall not |
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apply to matters relating to electric utility operations. |
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SECTION 2. Sections 49.102(e) and (f), Water Code, are |
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amended to read as follows: |
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(e) If a majority of the votes cast in the election favor the |
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creation of the district, then the temporary board shall declare |
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that the district is created and enter the result in its minutes. |
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If a majority of the votes cast in the election are against the |
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creation of the district, the temporary board shall declare that |
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the district was defeated and enter the result in its minutes. A |
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copy of the order shall be filed with the commission not later than |
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the 30th day after the date of the election. |
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(f) The order canvassing the results of the confirmation |
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election shall contain a description of the district's boundaries |
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and shall be filed with the executive director and in the deed |
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records of the county or counties in which the district is located |
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not later than the 30th day after the date of the election. |
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SECTION 3. Section 49.195(a), Water Code, is amended to |
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read as follows: |
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(a) The executive director may review the audit report of |
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each district. After reviewing the audit report, the executive |
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director may request additional information from the district. The |
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district shall provide the additional information not later than |
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the 60th day after the date the request was received, unless the |
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executive director extends the time allowed for the district to |
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provide additional information for good cause. |
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SECTION 4. Section 49.196(a), Water Code, is amended to |
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read as follows: |
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(a) The executive director may review and investigate a |
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district's financial records and may conduct an on-site audit of a |
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district's financial information. The executive director shall |
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have access to all vouchers, receipts, district fiscal and |
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financial records, and other district records the executive |
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director considers necessary. |
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SECTION 5. This Act takes effect September 1, 2019. |