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