By: Clardy, et al. (Senate Sponsor - Johnson) H.B. No. 1535
         (In the Senate - Received from the House April 26, 2023;
  May 1, 2023, read first time and referred to Committee on Water,
  Agriculture & Rural Affairs; May 4, 2023, reported favorably by the
  following vote:  Yeas 9, Nays 0; May 4, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the San Antonio River Authority, following
  recommendations of the Sunset Advisory Commission; altering the
  terms of office of the members of the board of directors of the
  authority.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1-a(a), Chapter 276, Acts of the 45th
  Legislature, Regular Session, 1937, is amended to read as follows:
         (a)  The District is subject to review under Chapter 325,
  Government Code (Texas Sunset Act), but may not be abolished under
  that chapter. The review shall be conducted under Section 325.025,
  Government Code, as if the District were a state agency scheduled to
  be abolished September 1, 2035 [2023], and every 12th year after
  that year.
         SECTION 2.  Section 3, Chapter 276, Acts of the 45th
  Legislature, Regular Session, 1937, is amended to read as follows:
         Sec. 3.  POWERS OF THE DISTRICT.  The District is hereby
  invested with all of the powers of the State of Texas under Article
  16, Section 59, of the Constitution of the State of Texas to
  effectuate the construction, maintenance and operation of
  navigable canals or waterways, to effectuate flood control, to
  effectuate the conservation and use, for all beneficial purposes,
  of ground, storm, flood and unappropriated flow waters in the
  District, to effectuate irrigation, to effectuate soil
  conservation, to effectuate sewage treatment, to effectuate
  pollution prevention, to encourage and develop parks, recreational
  facilities and to preserve fish, to effectuate forestation and
  reforestation, and to do all things as are required therefor,
  subject only to: (i) declarations of policy by the Legislature of
  the State of Texas as to the use of water; (ii) continuing
  supervision and control by the State Board of Water Engineers and
  any board or agency which may thereafter succeed to its duties;
  (iii) the provisions of Section 4, page 212, Acts of the
  Thirty-fifth Legislature, 1917, as subsequently amended (codified
  under Article 7471, Vernon's Civil Statutes of the State of Texas),
  prescribing the priorities of uses for water; and (iv) the rights
  heretofore or hereafter legally acquired in water by municipalities
  and other users. Subject to the foregoing, it shall be the duty of
  the District to exercise for the greatest practicable measure of
  the conservation and beneficial utilization of all ground, storm,
  flood and unappropriated flow waters of the District, in the manner
  and for the particular purposes specified hereinafter in this
  Section 3 and elsewhere in this Act the following powers, rights,
  privileges and functions, to wit:
         (a)  Navigation:
         (1)  To promote, construct, maintain and operate, and/or to
  make practicable, promote, aid and encourage, the construction,
  maintenance and operation of navigable canals or waterways and all
  navigational systems or facilities auxiliary thereto using the
  natural bed and banks of the San Antonio River to its junction with
  the Guadalupe River where practicable and thence traversing such
  route as may be found by the District to be most feasible and
  practicable to connect with the Intracoastal Canal and/or with any
  new canal to be constructed and/or with any harbor at or near San
  Antonio Bay or the Gulf of Mexico, and also using such new
  correlated artificial waterways, together with all locks and other
  works, structures and artificial facilities as may be necessary and
  convenient for the construction, maintenance and operation of said
  navigable canals or waterways and all navigational systems or
  facilities auxiliary thereto. The District is empowered to
  construct, or cause to be constructed, said system of artificial
  waterways, canals, locks, works and other facilities so as to
  connect the watershed area of the San Antonio River, including
  navigation to or at a point near the City of San Antonio, with the
  Intracoastal Canal and/or with any new canal to be constructed
  and/or with any harbor at or near San Antonio Bay or the Gulf of
  Mexico;
         (2)  To control, develop, store and use the natural flow and
  floodwaters of the San Antonio River and its tributaries for the
  purpose of operating and maintaining said navigable canals or
  waterways and all navigational systems or facilities auxiliary
  thereto, provided, however, that such navigational use shall be
  subordinate to consumptive use of water, and navigation shall be
  incidental thereto;
         (3)  In the case of the construction of said navigable canals
  or waterways and all navigational systems or facilities auxiliary
  thereto by the Federal Government or otherwise, the District shall
  have the power to construct, maintain and operate lateral
  connecting canals and turning basins to serve local needs, and
  shall also have the power to provide, construct, acquire, purchase,
  take over, lease from others, lease to others, and to maintain and
  operate, develop, regulate and/or by franchise control wharves,
  docks, warehouses, grain elevators, bunkering facilities, belt or
  terminal railroads, floating plants, lighterage, towing
  facilities, and all other facilities incident to or in aid of the
  efficient operation and development of said canals or waterways and
  all navigational systems or facilities auxiliary thereto, and any
  ports incident thereto, whether the same be upon land or upon water;
         (4)  In the event the construction and/or maintenance and
  operation of said navigable canals or waterways and all
  navigational systems or facilities auxiliary thereto is taken over
  by the Federal Government or any agency of the Federal Government,
  then and in such event the District shall be fully authorized to
  make and enter into any such contracts as may be lawfully required
  by the Federal Government, including such assignments and transfers
  of property and rights of property and easements and privileges and
  any and all other lawful things and acts may be necessary and
  required in order to meet the requirements of the Federal
  Government or any agency of the Federal Government in taking over
  the construction and/or maintenance and operation of said navigable
  canals or waterways and all navigational systems or facilities
  auxiliary thereto;
         (5)  The District may grant a franchise or right to any
  person or body politic or corporate for the use of said navigable
  canals or waterways and all navigational systems or facilities
  auxiliary thereto or any facility thereof in aiding navigation and
  no person or body politic or corporate may provide, maintain or
  operate any facility of aid of navigation in any way connected with
  said navigable canals or waterways and all navigational systems or
  facilities auxiliary thereto and intended for use by the public
  within the meaning and intent of this Act, except by and under the
  franchise granted by this District, in the form of an ordinance as
  provided by this Act, which franchise may be for any term not to
  exceed fifty (50) years. Such ordinance granting franchise may
  contain provisions for the payment of reasonable fees, and/or other
  charges to be paid to the District, and shall contain provisions
  adequate to regulate the fees, tolls, rates or exactions to be
  demanded for the use of, or service to be rendered by any means or
  facility to be provided or operated under any such franchise, to the
  end that the same will be uniform, reasonable, and without
  discrimination against any person, both as to charges and the
  conditions of use or service, and such ordinance shall contain all
  provisions reasonably required to procure service adequate to serve
  the public necessity and convenience. The District may grant a
  franchise for the design, construction, repair, enlargement,
  alteration, maintenance, operation of, and service from, or use of
  any facility to be provided for use in aid of navigation on said
  navigable canals or water ways and all navigational systems or
  facilities auxiliary thereto, whether upon land, or in or upon
  water. The right hereby granted shall include the right to require
  uniform and adequate analytic accounting systems and forms,
  periodic verified reports based thereon, and the right of audit by
  the District, and other reasonable regulations designed to protect
  the public. In order to procure observance of the conditions of a
  franchise granted hereunder, and/or compliance with the rules and
  regulations established by ordinance of the District (to be adopted
  and promulgated as elsewhere is provided in this Act) hereunder,
  such ordinance may provide reasonable and commensurate penalties as
  provided by Section 49.004, Water Code [fixed by General Law in
  Texas, and not to exceed the limit for penalties as fixed elsewhere
  in this Act]. The forfeiture or suspension of a franchise granted
  under this Act, where not otherwise provided in any such franchise,
  may be only because of discrimination in rendering service,
  affording use, or in taking or demanding a toll, rate or charge.
  Forfeiture or suspension of a franchise granted hereunder, unless
  otherwise provided therein, shall be upon a decree of a District
  Court within the County in which this District may maintain its
  general office. The District may likewise by ordinance establish
  rules necessary or designed to protect the physical property owned
  by it, or physical property owned or operated by another under a
  franchise hereunder granted, and/or to effect the safety or
  efficient use of the same, and in such ordinance may provide
  reasonable and commensurate penalties for the violation thereof, as
  provided by Section 49.004, Water Code [which penalties shall be
  cumulative of other penalties provided by the General Law of Texas,
  and not to exceed the limit for penalties as fixed elsewhere in this
  Act];
         (b)  Flood Control and Flood Plain Management. To prevent
  and aid in the prevention of damage to persons and property by the
  overflow of any and all rivers, streams or tributaries thereof
  within the District including the study and designation of flood
  plains and the regulation thereof;
         (c)  Water Conservation, Storage, Procurement, Distribution
  and Supply:
         (1)  To store and conserve to the greatest beneficial use the
  storm, flood and unappropriated flow waters of any and all rivers,
  streams or the tributaries thereof within the District, so as to
  prevent the escape of any water without maximum beneficial use
  either within or without the District;
         (2)  For the conservation of water for uses either within or
  without the District, including providing water supply for cities
  and towns, and the right to sell water and stand-by service to any
  person, firm, or corporation, including cities and towns and other
  public agencies within or without the District; provided that it is
  the intent of this Act to establish a District that is concerned
  primarily with the conservation, control, storage, distribution
  and sale of water in bulk quantities in the public interest and only
  incidentally with the retail sale of water insofar as it does not
  compete with municipal water distributors and then only when
  necessary or convenient as a service to the public;
         (3)  To acquire water appropriation permits either within or
  without the District directly from the State Board of Water
  Engineers or to purchase or otherwise acquire such permits or
  certified filings either within or without the District from the
  owners thereof;
         (4)  To purchase water, water supply facilities on
  conservation storage capacity either within or without the District
  from any person, firm, corporation, State agency or other public
  agency, or from the United States or its agencies;
         (5)  To execute water supply contracts with users of water
  within or without the District.  Included in the services for which
  the District may contract, and for which it may make charges, is
  that of standby service as well as for the actual delivery of water;
         (6)  To provide water for the development of commercial and
  industrial enterprises within or without the District;
         (7)  To bring water into the boundaries of the District;
         (8)  To construct, acquire, equip, to acquire storage rights
  at, and operate and maintain dams and reservoirs, either within or
  without the District, had in carrying out the powers conferred upon
  the District, or to exercise such powers in conjunction with
  others;
         (9)  To construct [contract], operate and maintain or
  otherwise provide water supply lines, water purification and water
  pumping systems and facilities either within or without the
  District;
         (10)  Power to execute contracts with municipalities and
  others involving the construction of reservoirs, dams, water supply
  lines, water purification and pumping facilities, and the
  furnishing of water supply service substantially in the manner
  prescribed by Chapter 342, Acts of the Regular Session of the
  Fifty-first Legislature, for Districts organized and created
  pursuant to Article 16, Section 59, of the Constitution, extended
  so as to permit such contracts with individuals, partnerships, and
  all classes of corporations, and to permit the inclusion of
  provisions for the operation, maintenance and ownership of such
  properties, but the powers granted the District in this Subsection
  are not to be considered a limitation on the powers, rights,
  privileges and functions otherwise granted herein;
         (11)  To acquire from the United States Government, through
  the Secretary of the Army or the Secretary of the Interior or any
  other of its officials authorized to make such contracts, or from
  the State of Texas or any agency thereof, or from any privately
  financed reservoirs, unsold conservation storage capacity at any
  dam within or without the District now constructed or to be
  constructed either by or with the assistance of the United States
  Government or the State of Texas, or by both. It may acquire
  additional conservation storage capacity which may be provided at
  any such dam;
         (d)  Irrigation: To provide water for irrigation of lands
  within and without the District, and incident thereto, to
  construct, operate and maintain supply lines and pumping systems
  and facilities either within or without the District;
         (e)  Soil Conservation: For the conservation of soils and
  other surface resources within the District against destructive
  erosion, thereby preventing the increased flood menace incident
  thereto, and for the prevention of sedimentation and siltation of
  lands, channels and reservoirs, including the right either to act
  as local sponsoring agent of upstream soil and water conservation
  and flood prevention projects authorized by State or Federal
  Agencies in conjunction with Soil Conservation Districts or to aid
  and supplement the work of such upstream soil and water
  conservation and flood prevention projects, all in furtherance of
  the purposes of the District as provided by this Act ['Master Plan'
  as defined in Section 4-a]. In connection therewith, the District
  is authorized to make arrangements satisfactory to the Secretary of
  Agriculture of the United States for defraying costs of operating
  and maintaining such projects, in accordance with regulations
  presented by the Secretary of Agriculture; provided, however, that
  any portion of the total construction cost of any such project which
  is allocable to flood control and/or soil conservation shall be
  paid for or financed by funds which have their source in the county
  in which each particular project is situated and which funds may be
  of any kind or character, except taxes collected in accordance with
  the provisions of Sections 15-a and 15-b of this Act;
         (f)  Sewage Treatment and Solid Waste Disposal. As a
  necessary aid to the conservation, control, preservation,
  purification and distribution of surface and ground waters within
  the District, the District shall have the power to construct, own,
  operate, maintain or otherwise provide, within the San Antonio
  River Basin, sewage gathering, treatment and/or disposal services,
  including solid waste disposal services, to charge for such
  services, and to make contracts in reference thereto with counties,
  municipalities and others. Provided, however, that the District
  shall not exercise the powers hereinabove granted by this Section
  3(f) within the boundaries of Kerr, Real, or Bandera Counties
  unless the Commissioners Court of such county or counties shall
  first have consented by a majority vote thereof to the exercise of
  such power within such county or counties;
         (g)  Pollution Prevention. To provide for the study,
  correcting and control of both artificial and natural pollution
  including organic, inorganic and thermal, of all ground or surface
  water within the San Antonio River Basin. In this connection, the
  District is given the power by ordinance to promulgate rules and
  regulations with regard to such pollution, both artificial and
  natural, with the right of policing by said District to enforce such
  rules and regulations and of providing reasonable and commensurate
  penalties for the violation of any rules and regulations, as
  provided by Section 49.004, Water Code [which penalties shall be
  cumulative of any penalties fixed by General Law in Texas, and not
  to exceed the limit for penalties as fixed elsewhere in this Act].
  Provided, however, that no ordinance enacted pursuant to the powers
  hereinabove given the District by this Section 3(g) shall be
  promulgated in any county or counties outside the existing
  boundaries of the District;
         (h)  Parks, Recreational Facilities and Preservation of
  Fish: For the encouragement and development of parks, recreational
  facilities and the preservation of fish, the District shall have
  the power to acquire additional land adjoining any permanent work
  of improvement constructed within the District for the purpose of
  developing parks, or recreational facilities. The District may
  negotiate contracts with any county, municipality, municipal
  corporation, person, firm, corporation, non-profit organization,
  or State or Federal agency for the operation and/or maintenance of
  any such park, or recreational facility. The preservation of fish
  shall be in accordance with rules and regulations, if any,
  prescribed by the Game and Fish Commission of the State of Texas;
         (i)  Forestation and Reforestation: To forest and reforest
  and to aid in foresting and reforesting of all areas within the
  District;
         (j)  Contractual: To make contracts and to execute
  instruments necessary or convenient to the exercise of the powers,
  rights, privileges and functions conferred upon it by this Act,
  with the United States, its agencies, counties, cities, all
  municipal corporations, political subdivisions and districts, and
  with private persons, partnerships, associations, nonprofit
  organizations, and corporations. The District shall make and
  execute such contracts and instruments in accordance with the
  following procedures:
         (1)  Concerning any wholesale contract for the sale,
  purchase, procurement, distribution and/or supply of water or
  conservation storage capacity, or for the construction of a
  navigable canal or waterway, or any contract authorized by Section
  1, Chapter 84, page 140, Acts of the 52nd Legislature, 1951, as
  subsequently amended (codified under Article 7048b, Vernon's Civil
  Statutes of Texas), the Manager shall cause a notice describing the
  general nature of such contract to be published once each week for
  two (2) [three (3)] consecutive weeks in a newspaper of general
  circulation in each county in the District within which such
  contract is to have effect. Such contract may be considered and
  acted upon at the regular meeting of the Board next following the
  last date of publication or, without further notice, at any meeting
  thereafter. The affirmative vote of a majority of the membership 
  [at least seven (7) members] of the Board shall be required for the
  approval of confirmation or ratification of any such contract. [Of
  those seven (7) affirmative votes, at least three (3) affirmative
  votes shall be cast by Board members from Bexar County, at least one
  (1) affirmative vote shall be cast by a Board member from Wilson
  County, at least one (1) affirmative vote shall be cast by a Board
  member from Karnes County, and at least one (1) affirmative vote
  shall be cast by a Board member from Goliad County.] The District
  may use any such contract as the sole basis, or as a supplement to
  the basis, for securing its bonds;
         (2)  Concerning any construction, maintenance, operation or
  repair contract, contract for the purchase of material, equipment
  or supplies or any contract for services, not including any
  purchase, procurement, or contract described by Section 49.278,
  Water Code [other than professional services], if the contract will
  require an estimated expenditure of more than the maximum amount
  for which competitive bidding is required by Chapter 49, Water Code 
  [statute for any political subdivision of the state or if the
  contract is for a term of two (2) years or more], the Board[, upon
  the affirmative vote of a majority of a quorum present at any
  regular or special meeting,] shall award such contract to the
  lowest and best bidder after publication of a notice to bidders once
  each week for two (2) [three (3)] consecutive weeks. The Board by
  bylaw shall promulgate the procedures for the publication of notice
  to bidders and related procedures and may, within the limitations
  set forth in this section, from time to time prescribe the amount of
  estimated expenditures to be subjected to competitive bidding. In
  the event of an emergency, the authority may let such contracts as
  are necessary to protect and preserve the public health and welfare
  or the properties of the authority, without such bidding
  procedures. Members of the Board of Directors shall be ineligible
  to submit such bids. Any provision of this Subsection to the
  contrary notwithstanding, the District may purchase surplus
  property from the United States by negotiated contract and without
  the necessity of advertising for bids.  Notwithstanding any other
  provision of this Act, the District may use any procurement method
  under Chapter 49, Water Code, or other applicable general law.
         (k)  General:
         (1)  This District hereby is vested with such title and right
  of control as the State has, or may have, in, to and concerning the
  natural bed and banks of the San Antonio River in its entire length,
  and all of its tributaries as are within the District, as said
  District is defined in Section 2-a of this Act, and the District
  hereby is further vested with such title and right of control as the
  State has, or may have, in, to and concerning the natural bed and
  banks of any other navigable stream or tributary thereof as may be
  situated within the District, as said District is defined in
  Section 2-a of this Act; which investment, however, shall be in
  trust, and to authorize said District to make such uses, and/or
  disposition of such lands and rights (and the proceeds, income,
  revenues, or trading values thereof) as in actual experience may
  prove to be reasonably required for, or in aid of, the
  accomplishment of the purposes of this Act;
         (2)  To make preliminary investigations and surveys in the
  manner and for the purposes specified in Chapters 49 and 51, Water
  Code, and any other applicable general law [said Chapter 25]
  (either independently at its own cost, or jointly with others, or to
  contribute to the cost thereof when done by another), whereby to
  procure cooperation by the Government of the United States of
  America, to the end that any project lawfully within the purposes of
  this Act may be approved for construction as a Federal project under
  such contractual terms and conditions as may be demanded by the
  Federal Congress;
         (3)  To expend all sums reasonably deemed to be necessary or
  expedient for seeking cooperation in accomplishing the objects of
  this Act from the Federal Government, and/or any and all other
  persons, creatures, or entities, whether natural, or creatures of
  law or contract;
         (4)  Subject to the provisions of this Act from time to time
  to sell or otherwise dispose of any property of any kind, real,
  personal, or mixed, or any interest therein, which shall not be
  necessary to the carrying on of the business of the District;
         (5)  To overflow and inundate any public lands and public
  property and to require the relocation of roads and highways in
  manner and to the extent permitted to districts organized under
  General Laws pursuant to Section 59 of Article 16 of the
  Constitution of the State of Texas. In the event that the District,
  in the exercise of the power of eminent domain or power of
  relocation, or any other power granted hereunder, makes necessary
  the relocation, raising, rerouting or changing the grade of, or
  altering the construction of any railroad, or street railway, all
  such necessary relocation, raising, rerouting, changing of grade or
  alteration of construction shall be accomplished at the sole
  expense of the District;
         (6)  To construct, extend, improve, maintain and
  reconstruct, to cause to be constructed, extended, improved,
  maintained, and reconstructed, and to use and operate, any and all
  facilities of any kind necessary or convenient to the exercise of
  such powers, rights, privileges, and functions;
         (7)  To sue and to be sued in its corporate name;
         (8)  To adopt, use, and alter a corporate seal;
         (9)  To adopt and to amend its bylaws for the management of
  its affairs;
         (10)  To appoint officers, agents, employees and
  professional consultants, none of whom shall have any interest,
  direct or indirect, in any contracts awarded by the District;
         (11)  To prescribe the duties and fix the compensation of all
  officers, agents, employees and professional consultants;
         (12)  To acquire by purchase, lease, gift, or in any other
  lawful manner and to maintain, use, and operate any and all property
  of any kind, real, personal or mixed, or any interest therein,
  within and without the boundaries of the District, necessary or
  convenient to the exercise of the powers, rights, privileges and
  functions conferred upon it by this Act, in the manner provided by
  general law with respect to condemnation or, at the option of the
  District, in the manner provided by the statutes relative to
  condemnation by Districts organized under general law pursuant to
  Section 59 of Article 16 of the Constitution of the State of Texas;
         (13)  [To condemn lands used or dedicated for cemetery
  purposes in the manner provided by the General Law of Texas where
  reasonably necessary to effectuate the powers, rights, privileges
  and functions of the District, provided, however, that, when such
  power of condemnation is sought to be exercised with respect to any
  Perpetual Care cemetery, as defined in Article 912a, Vernon's Civil
  Statutes of the State of Texas, as to the condemnation of any such
  Perpetual Care cemetery or portion thereof, jurisdiction is hereby
  conferred for such purpose on the District Court or Courts of the
  county in which such cemetery land or any part thereof may be
  located, and such condemnation action shall likewise involve the
  issue of the removal of the dedication thereof as such Perpetual
  Care cemetery and the issue of the necessity for such taking;
         [(14)]  To borrow money for its corporate purposes and to
  execute proper notes or other evidences of indebtedness, and
  without limitation of the generality of the foregoing, to borrow
  money and accept grants from the United States of America, and in
  connection with any such loan or grant, to enter into such
  agreements as the United States of America or such corporation or
  agency may require; and to make and issue its negotiable bonds for
  moneys borrowed in the manner and to the extent provided in Section
  16. Nothing in this Act shall authorize the issuance of any bonds,
  notes, or other evidences of indebtedness of the District, except
  as specifically provided in this Act, and no issuance of bonds,
  notes, or other evidences of indebtedness, except as specifically
  provided in this Act, shall ever be authorized except by an Act of
  the Legislature;
         (14) [(15)]  To obtain loans from and accept grants from the
  United States and its agencies, and from the State of Texas, and its
  agencies, and it shall have the right to participate in and be the
  beneficiary of any plan which may be evolved by the State or Federal
  Government for guaranteeing or otherwise subsidizing the
  obligations of the District;
         (15) [(16)]  The District shall have the power to adopt and
  promulgate by ordinance all reasonable rules and regulations for
  purposes elsewhere provided in this Act and generally to secure and
  protect any and all of its property and any and all of its works of
  improvement, and to regulate residence, hunting, fishing, boating
  and camping, and all recreational and business privileges on any
  navigable river of the District, or any reservoir of the District,
  or upon any land owned by the District. The District may prescribe
  reasonable and commensurate penalties for the violation of any and
  all such rules and regulations of the District, as provided by
  Section 49.004, Water Code [which penalties shall be cumulative of
  any penalties fixed by the General Law in Texas and shall not exceed
  fines of more than Two Hundred Dollars ($200), or imprisonment for
  not more than one hundred eighty (180) days, or may provide for both
  such fine and imprisonment]. No rule or regulation which provides a
  penalty for the violation thereof shall be in effect, as to
  enforcement of the penalty, until five (5) days next after the
  District may have caused a substantive statement of the particular
  rule or regulation and the penalty for the violation thereof to be
  published once a week for two (2) [three (3)] consecutive weeks in a
  newspaper of general circulation in each county in which it is to be
  effective. The substantive statement so to be published shall be as
  condensed as is possible to afford an intelligent direction of the
  mind to the act forbidden by the rule or regulation; one (1) notice
  may embrace any number of regulations; there must be embraced in the
  notice advice that breach of the particular regulation, or
  regulations, will subject the violator to the infliction of a
  penalty and there also shall be included in the notice advice that
  the full text of the regulations sought to be enforced is on file in
  the principal office of the District, where the same may be read by
  any interested person. Five (5) days after the second [third]
  publication of the notice hereby required, the advertised
  regulation shall be in effect, and ignorance of any such regulation
  shall not constitute a defense to a prosecution for the enforcement
  of a penalty and, the rules and regulations authorized hereby,
  after the required publication, shall judicially be known to the
  courts [and shall be considered of a nature like unto that of valid
  penal ordinance of a city of the State]. Section 49.004, Water
  Code, governs costs incurred by the District before the court in any
  suit by the District to enforce its rules or regulations [The
  District shall be primarily liable for any court costs incurred
  hereunder, and the cost to maintain any offender committed for
  imprisonment hereunder. Any fine imposed in any such proceeding
  and paid in money shall be payable to this District and applied as
  its Board may direct];
         (16) [(17)]  To designate an official newspaper of the
  District in each county in the District, each of which newspapers
  shall be a newspaper having general circulation in the county in
  which it is situated;
         (17) [(18)]  To acquire such rights-of-way as are necessary
  to construct, operate and maintain such roads as are necessary for
  ingress and egress to any work of improvement or to any park,
  recreational facility, or fish or wildlife preserve or reserve;
         (18) [(19)]  To grant concessions and franchises upon the
  premises of any works of improvement or any park, recreational
  facility or fish or wildlife preserve or reserve to any person or
  corporation;
         (19) [(20)]  When germane to the accomplishment and the
  purposes of this Act, and not otherwise adequately provided by
  Chapter 49 or 51, Water Code [Chapter 25], or provided elsewhere in
  this Act, the Directors of the District shall have the power to
  adopt and promulgate ordinances, which may be done by a majority of
  the membership of the Board [(except as specifically provided
  elsewhere in this Act) of those Directors present at any meeting
  held in compliance with the provisions of the bylaws at which there
  must be present a majority of the Board, constituting a quorum]. No
  notice shall be required before the passage of such ordinance,
  except such notices of special or regular meetings of the Board as
  may be provided elsewhere in this Act. After having adopted such
  ordinances, the Directors shall cause the same to be filed and
  recorded in the official records of the Authority. The Directors
  may, if they deem necessary and proper, in addition to filing and
  recording same in the official records of the Authority, either
  caused certified copies of same to be forthwith filed of record in
  the office of the County Clerk of each county situated in whole or
  in part within the District within which such ordinance is intended
  to have application and/or to be published once or more each week
  for two (2) [three (3)] or more consecutive weeks in a newspaper or
  newspapers of general circulation in each county within the
  District within which ordinance is intended to have application,
  following either or all of which methods of recording and/or
  publication the ordinance shall be in full force and effect; and
  thereafter all courts and persons shall be held to have knowledge
  thereof, just as though the same had been embraced in the body of
  this Act and the County Clerk in any county is authorized and
  directed to file and record all certified copies of such county and
  to charge therefor the same fees as is provided for recording deeds
  of conveyance. And the powers of said District to adopt ordinances
  shall include, among other things as follows: in any case in which
  Chapters 49 and 51, Water Code, do [said Chapter 25 does] not
  provide a specific power or right germane to, or appropriate, or
  adequate to accomplish an object of this Act, and such specific
  power has been, or hereafter may, conferred by law on Counties,
  Cities, Water Improvement Districts, Water Control and Improvement
  Districts, Drainage Districts, Navigation Districts, Canal
  Corporations, Channel and Dock Corporations, Deep Water
  Corporations, Railway Corporations, Terminal Railway Corporations,
  Telegraph and Telephone Corporations, or other like creatures of
  the law, then to the extent [intent] required to make adequate
  hereto the powers and rights of this District, it may by ordinance
  adopt and have as part of the law of its being so much of the power
  and right of any of the herein designated creatures of the law as
  will enable it effectively to accomplish that purpose of this Act.
  The adoption of a power or mode of procedure hereunder shall not be
  held to include any incidental limitation which would impede the
  lawful accomplishment of the purposes of this Act. As to this,
  there shall be no limit hereof save such as would violate the
  provisions of the Constitution of the United States and the State of
  Texas concerning the rights of others;
         (20) [(21)]  This District shall have all such powers and
  rights, and regulations for government and procedure, as are
  contained in Chapters 49 and 51, Water Code, and any other
  applicable general law [said Chapter 25], which shall be cumulative
  of those provided by this Act, and those rules for procedure which
  may be provided by ordinances adopted by the District under other
  provisions of this Act.
         SECTION 3.  Chapter 276, Acts of the 45th Legislature,
  Regular Session, 1937, is amended by adding Section 5 to read as
  follows:
         Sec. 5.  PARTNERSHIP WITH NONPROFIT ORGANIZATION. (a)  In
  this section, "affiliated nonprofit organization" means a
  nonprofit organization:
               (1)  created by the District; or
               (2)  for which the District, the Board, or the
  District's employees have a right to appoint one or more of the
  members of the governing body of the nonprofit organization.
         (b)  The District may contract or otherwise coordinate with a
  nonprofit organization, including an affiliated nonprofit
  organization, to accomplish the purposes of the District.
         (c)  Members of the Board may not constitute a majority of
  the board of directors or other governing body of an affiliated
  nonprofit organization.  Employees of the District may not serve on
  the board of directors or other governing body of an affiliated
  nonprofit organization.
         (d)  The Board shall develop a policy regarding fund-raising
  activities of any nonprofit organizations that enter into a
  partnership with the District. The policy must:
               (1)  include acceptable and prohibited fund-raising
  activities;
               (2)  specify how fund-raising is conducted and
  supervised; and
               (3)  include criteria for seeking and selecting
  corporate sponsors to ensure that sponsorships serve the public
  interest and are consistent with the purposes of the District.
         (e)  A memorandum of understanding between the District and
  an affiliated nonprofit organization entered into under this
  section must include the policy developed by the Board under
  Subsection (d) of this section.
         SECTION 4.  Section 9, Chapter 276, Acts of the 45th
  Legislature, Regular Session, 1937, is amended to read as follows:
         Sec. 9. GOVERNING BODY OF THE DISTRICT; QUALIFICATIONS OF
  MEMBERS OF THE BOARD; VACANCIES; TERM OF OFFICE.  The government and
  control of the District shall be vested in a Board of Directors
  consisting of 12 [twelve (12)] members, 6 [six (6)] of whom shall be
  elected from Bexar County, 2 [two (2)] of whom shall be elected from
  Wilson County, 2 [two (2)] of whom shall be elected from Karnes
  County, and 2 [two (2)] of whom shall be elected from Goliad County.
  Each director shall serve for a term of four [six (6)] years, and
  shall hold office until the director's [his] successor has been
  elected and has qualified by taking the oath of office. Before
  entering upon the duties of the member's [his] office, each member
  of the Board shall take the Constitutional Oath of Office and the
  same shall be filed in written form with the Secretary of the Board.
  Vacancies occurring on the Board from any county shall be filled by
  appointment by the Governor of the State, with the advice and
  consent of the Senate, for such unexpired term. Any person over the
  age of 21 [twenty-one (21)] years, residing within the District and
  within the county from which the person [he] is elected or
  appointed, and possessing the qualifications of a juror shall be
  eligible to be elected or appointed and to serve as a director.
         SECTION 5.  Section 10, Chapter 276, Acts of the 45th
  Legislature, Regular Session, 1937, is amended to read as follows:
         Sec. 10.  ELECTION OF DIRECTORS. All elections within the
  District shall be carried out in accordance with rules set forth in
  the bylaws and the Election Code, and the results of all elections
  shall be canvassed by the Board of Directors of the District at the
  regular meeting next following each biennial election. All
  elections shall be held on the uniform election date in November 
  [third Saturday in January] of each odd-numbered year and at the
  polling places designated by the Board of Directors of the
  District. The terms of office of Directors elected at each election
  after the said first election shall commence on the first day of
  January [February] following their election. In all elections the
  following rules shall apply:
         (a)  Those persons seeking to have their names placed on the
  official ballot shall make application to the Secretary of the
  Board in accordance with rules prescribed by the Board either in the
  ordinance calling the election or in the bylaws.
         (b)  The Secretary of the Board shall make up the official
  ballot for each county from the names of candidates who have filed
  applications, and the placing of the names of the candidates on the
  ballots shall be determined by lot. The drawing of lots for the
  placing of the names of the candidates on the ballots shall be by
  the Secretary of the Board, and all candidates, or their designated
  representatives, may be present at such drawing.
         (c)  The Directors from Wilson, Karnes, and Goliad Counties
  shall be elected at large from each county. Four (4) Directors from
  Bexar County shall be elected from single-member districts and two
  (2) Directors shall be elected at large. The four (4) single-member
  districts shall be coterminous with and bear the same number as the
  Bexar County Commissioners Precincts. A candidate for a
  single-member district position must live in the district the
  candidate seeks to represent.
         (d)  The candidates receiving the greatest number of votes,
  that is a plurality, shall be declared elected. Should there be a
  tie in the votes received, the winner of the election shall be
  determined by the majority of the Board. The two (2) at-large
  Directors of Bexar County shall be elected simultaneously by
  plurality, and the two (2) candidates receiving the greatest number
  of votes shall be declared elected.
         (e)  Directors of the District serving from single-member
  districts at the time new single-member districts are adopted shall
  serve for the remainder of the terms to which they were elected
  regardless of the redistricting.
         SECTION 6.  Section 13, Chapter 276, Acts of the 45th
  Legislature, Regular Session, 1937, is amended to read as follows:
         Sec. 13.  ORGANIZATION AND MEETINGS OF THE BOARD; OFFICERS;
  QUORUM. There [At the first regular meeting of the Board held in
  the month of February of each odd-numbered year, there] shall be
  appointed by a majority vote of the Board of Directors from its
  membership a Chairman, a Vice-Chairman, a Secretary and a
  Treasurer, and any other officers or assistant officers the Board
  considers necessary.  Assistant officers[, if deemed proper, an
  Assistant Secretary and an Assistant Treasurer, who] need not be
  members of the Board of Directors and [who] may be granted limited
  powers in the bylaws. The officers so appointed shall serve for a
  term of two (2) years and until their successors have been
  appointed, except that assistant officers [the Assistant Secretary
  and the Assistant Treasurer], if such officers are appointed, shall
  hold office at the pleasure of the Board. A quorum at all meetings
  of the Board of Directors shall consist of not less than seven (7)
  members. [A quorum at all meetings of the Executive Committee shall
  consist of not less than three (3) members.] Regular and special
  meetings of the Board of Directors shall be held as provided by
  general law and the bylaws, and notice of such meetings shall be
  given as required by general law and the bylaws. [The Board shall
  meet periodically with the Texas Water Commission.] All meetings
  of the Board shall be open to the public.
         SECTION 7.  Chapter 276, Acts of the 45th Legislature,
  Regular Session, 1937, is amended by adding Sections 13-a, 13-b,
  13-c, and 13-d to read as follows:
         Sec. 13-a.  TRAINING FOR BOARD MEMBERS. (a) A person who is
  elected or appointed to and qualifies for office as a member of the
  Board may not vote, deliberate, or be counted as a member in
  attendance at a meeting of the Board until the person completes a
  training program that complies with this section.
         (b)  The training program must provide the person with
  information regarding:
               (1)  the law governing the District's operations;
               (2)  the programs, functions, rules, and budget of the
  District;
               (3)  the scope of and limitations on the rulemaking
  authority of the Board;
               (4)  the results of the most recent formal audit of the
  District;
               (5)  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing conflicts of
  interest; and
                     (B)  other laws applicable to members of the
  governing body of a river authority in performing their duties; and
               (6)  any applicable ethics policies adopted by the
  District or the Texas Ethics Commission.
         (c)  A person elected or appointed to the Board is entitled
  to reimbursement for the travel expenses incurred in attending the
  training program regardless of whether the attendance at the
  program occurs before or after the person qualifies for office.
         (d)  The Manager of the District shall create a training
  manual that includes the information required by Subsection (b) of
  this section. The Manager of the District shall distribute a copy
  of the training manual annually to each member of the Board. Each
  member of the Board shall sign and submit to the Manager of the
  District a statement acknowledging that the member received and
  reviewed the training manual.
         Sec. 13-b.  POLICIES TO SEPARATE POLICY-MAKING AND STAFF
  FUNCTIONS. The Board shall develop and implement policies that
  clearly separate the policy-making responsibilities of the Board
  and the management responsibilities of the Manager and the staff of
  the District.
         Sec. 13-c.  PUBLIC TESTIMONY AT BOARD MEETINGS. 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.
         Sec. 13-d.  COMPLAINT INFORMATION REQUIREMENTS. (a) The
  District shall maintain a system to promptly and efficiently act on
  complaints filed with the District. The District shall maintain
  information about parties to the complaint, the subject matter of
  the complaint, a summary of the results of the review or
  investigation of the complaint, and its disposition.
         (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
  unless the notice would jeopardize an investigation.
         SECTION 8.  Section 14, Chapter 276, Acts of the 45th
  Legislature, Regular Session, 1937, is amended to read as follows:
         Sec. 14.  POWERS OF THE BOARD AND EXECUTIVE COMMITTEE; BONDS
  REQUIRED.  The Board of Directors shall be responsible for the
  management and control of all affairs of the District. In
  connection therewith, the Board of Directors shall have the power:
         (a)  To exercise all the powers, rights, privileges and
  functions conferred by law upon the District;
         (b)  To adopt all such bylaws as are not inconsistent with
  the law[. The bylaws may provide for the designation by the Board
  of an Executive Committee of five (5) members upon whom the
  District's Manager may call for policy decisions and advice
  concerning matters which arise between meetings of the Board and
  which may authorize, on behalf of the District, the execution of any
  contract involving the expenditure of an amount no greater than
  Twenty Thousand Dollars ($20,000)];
         (c)  To appoint and fix the salary of a Manager, who shall be
  the chief executive officer of the District. The Manager shall
  employ and supervise, subject to policies promulgated by the Board,
  all employees, agents, accountants, attorneys, engineers and
  others rendering professional services necessary and required to
  accomplish the purposes of this Act. The Manager may execute, on
  behalf of the District, without specific authorization of the
  Board, any contract not subject to competitive bidding. The
  Manager may execute on behalf of the District and with specific
  authorization of the Board, any other contract.
         Except as specifically provided elsewhere in this Act, all
  the powers, rights, privileges and functions of the District may be
  exercised by a majority of the membership of the Board [those
  Directors present at any meeting of the Board (or of the Executive
  Committee if the sum involved is no greater than Twenty Thousand
  Dollars ($20,000) held in compliance with the provisions of the
  bylaws at which meeting there must be present a majority of the
  Board (or of the Executive Committee), constituting a quorum].
         Said Board of Directors shall have all such additional powers
  as may be conferred on this District by the other provisions of this
  Act, Chapters 49 and 51, Water Code, and any other general law
  applicable to river authorities or water control and improvement
  districts [and said Chapter 25], and of said Article 16, Section 59,
  of the Constitution of the State of Texas; provided, however, that
  members of the Board shall be ineligible to engage in any
  transaction for gain or profit with the District.
         The Directors and all officers of the District who are not
  Directors shall, within fifteen (15) days after their election or
  appointment, file a good and sufficient bond with the Secretary of
  the Board; the official bond of each Director and Officer shall be
  in the sum of Five Thousand Dollars ($5,000), shall be payable to
  the District, shall be conditioned upon the faithful performance of
  their duties as such Directors or Officers, and shall be subject to
  approval by the Secretary of the Board.
         SECTION 9.  Chapter 276, Acts of the 45th Legislature,
  Regular Session, 1937, is amended by adding Section 14-b to read as
  follows:
         Sec. 14-b.  FISCAL YEAR. The District's fiscal year ends on
  September 30 of each year.
         SECTION 10.  Section 15-a, Chapter 276, Acts of the 45th
  Legislature, Regular Session, 1937, is amended to read as follows:
         Sec. 15-a.  TAXATION. Subject to the limitation as to the
  maximum rate of tax as prescribed in this Section, the District may
  levy and collect throughout the territory of the District such ad
  valorem taxes as are voted at an election or elections called by the
  Board for that purpose and conducted throughout the territory of
  the District. The maximum rate of tax which can be levied and
  collected for any year shall be two cents (2¢) on the One Hundred
  Dollars ($100) of taxable property based on its assessed valuation,
  in accordance with the following conditions and procedures:
         (a)  The Board of Directors of the District may, by
  ordinance, call an election to submit to the voters for approval
  such taxation; provided that a public hearing to discuss the
  proposed tax issue shall be held in each county in the District,
  said public hearing to be held not less than ten (10) days nor more
  than twenty-five (25) days prior to the scheduled date of any such
  election, and said hearings shall be called by the Board of
  Directors of the District and notice of the time, day, date, place
  and purpose of said meeting shall be given by publishing said notice
  in at least one (1) newspaper of general circulation in each county
  where the meeting is to be held at least ten (10) days prior to such
  hearing;
         (b)  [Only qualified electors, owning taxable property
  within the boundaries of the District and who have duly rendered
  their property for taxation shall be entitled to vote in any such
  election. An elector otherwise qualified must vote in the county of
  his residence and at the polling place designated for the precinct
  of his residence.] The order [ordinance] calling the election
  shall specify the polling place or places in each of the several
  counties. The notice of election will be sufficient as to any
  county within the District if it states that the election is to be
  held throughout the territory comprising the District and if it
  specifies the polling place or places in such county. But it shall
  not be necessary to publish such details except in the county in
  which they are applicable;
         (c)  Returns of the election shall be made to the Board, and
  the Board shall canvass the returns of the election and adopt an
  ordinance declaring the results thereof. The Board may levy taxes
  within the maximum rate thus voted if a majority of the votes cast
  throughout the District are in favor of the levy of the tax and if a
  majority of the votes cast in any three (3) counties in the District
  are in favor of the levy of the tax;
         (d)  The rate of tax shall be uniform throughout the
  territory comprising the District, and shall be certified by the
  Chairman and the Secretary of the Board of Directors of the District
  to the Tax Assessor and the Tax Collector of each included county;
         (e)  After an election has resulted favorably to the levy of
  a tax, the Board of Directors may borrow money payable therefrom and
  may evidence such loan by a negotiable note given in the name of the
  District;
         (f)  Any taxes thus collected shall be used for the purpose
  of general administration[, preparation of the Master Plan provided
  for in Section 4-a,] and for [other] planning and other services
  with respect to any of the purposes, rights, privileges and
  functions of the District; provided, however, that none of the
  taxes thus collected shall be used to pay for or finance the
  construction of any dams, reservoirs, levees, channels, pipelines
  or other major physical works of the District, or pay for the cost
  of any right-of-way acquisitions, or the expenses of right-of-way
  acquisition, or damages awarded by any Court under Article 1,
  Section 17, of the Constitution of the State of Texas. It is the
  intent of this Act that any taxes thus collected will enable the
  District to accomplish its purposes, including [develop a Master
  Plan for] the maximum development of the soil and water resources of
  the District, it [is] being hereby found and determined that the
  benefits to be realized from such maximum development can be
  obtained only through area-wide participation and planning. It is
  the intent of this Act that the construction of any dams,
  reservoirs, levees, channels, pipelines or other major physical
  works of the District shall be paid for or financed by revenue bonds
  of the District to be redeemed either by the sale of services or by
  taxes to be levied by a county or municipality and paid over to the
  District as an independent contractor of said county or
  municipality. It is likewise the intent of this Act that any taxes
  thus collected may be used to pay for the operation, repair and/or
  maintenance of any flood control, soil conservation, watershed
  protection and/or erosion structures or works of improvement
  constructed in cooperation with the Federal Government; provided,
  however, that any such operation, repair and/or maintenance costs
  shall be paid for out of taxes thus collected in the county in which
  the particular structure or work of improvement is situated. It is
  further the intent of this Act that the taxes authorized by this
  Section 15-a thus collected shall not be pledged to the redemption
  of any bonds of the District.
         SECTION 11.  Section 18(b), Chapter 276, Acts of the 45th
  Legislature, Regular Session, 1937, is amended to read as follows:
         (b)  Disposition of Property. Nothing in this Act shall be
  construed as authorizing the District, or any receiver of its
  properties, or any court, to sell, lease or otherwise dispose of any
  of its property of any kind, real, personal or mixed, or any
  interest therein, unless such sale, lease or other disposition has
  been generally authorized by this Act or a general law applicable to
  the District; provided, however, that the District may sell or
  otherwise dispose of any property of any kind or any interest in
  property that is not necessary to carry on the business of the
  Authority provided that the Board, by a majority vote of a quorum
  present at any regular or special meeting, determines that the
  property is not convenient to the business of the Authority and is
  surplus. The Board shall cause a notice of such proposed sale to be
  published once each week for two (2) [three (3)] consecutive weeks
  in a newspaper of general circulation in the county or counties in
  which said property or interest therein is situated if the
  appraised value of said property or interest therein is in excess of
  Five Thousand Dollars ($5,000) and if the said property or interest
  therein is not partial or total consideration in a transaction for
  the exchange of properties.
         SECTION 12.  Sections 1(c), 4-a, and 14-a, Chapter 276, Acts
  of the 45th Legislature, Regular Session, 1937, are repealed.
         SECTION 13.  (a) The change in law made by this Act to the
  terms of the directors of the San Antonio River Authority applies
  only to the term of a director who is appointed or elected on or
  after the effective date of this Act.
         (b)  The two at-large director positions for Bexar County
  shall be scheduled for election on the November uniform election
  date in 2023. The person who receives the highest number of votes
  shall be elected to the first at-large Bexar County director
  position and shall serve a four-year term beginning January 1,
  2024, and ending December 31, 2027. An election shall be scheduled
  for that position on the November uniform election date in 2027 and
  every four years thereafter. The person who receives the second
  highest number of votes shall be elected to the second at-large
  Bexar County director position and shall serve a two-year term
  beginning January 1, 2024, and ending December 31, 2025. An
  election shall be scheduled for that position on the November
  uniform election date in 2025 and every four years thereafter for a
  four-year term beginning on January 1 of the year following each
  election.
         (c)  The following director positions shall be scheduled for
  election on the November uniform election date in 2025 and every
  four years thereafter, and the directors elected to each position
  shall serve four-year terms beginning January 1 of the year
  following each election:
               (1)  the single-member district director elected from
  Bexar County commissioners court precinct 1;
               (2)  the single-member district director elected from
  Bexar County commissioners court precinct 2;
               (3)  the at-large director position for Karnes County
  for which an election was held, or scheduled to be held but canceled
  because of an unopposed candidate, in November 2019;
               (4)  the at-large director position for Goliad County
  for which an election was held, or scheduled to be held but canceled
  because of an unopposed candidate, in November 2019; and
               (5)  the at-large director position for Wilson County
  for which an election was held, or scheduled to be held but canceled
  because of an unopposed candidate, in November 2019.
         (d)  The following director positions shall be scheduled for
  election on the November uniform election date in 2027 and every
  four years thereafter, and the directors elected to those director
  positions shall serve four-year terms beginning January 1 of the
  year following each election:
               (1)  the single-member district director elected from
  Bexar County commissioners court precinct 3;
               (2)  the single-member district director elected from
  Bexar County commissioners court precinct 4;
               (3)  the at-large director position for Karnes County
  for which an election was held, or scheduled to be held but canceled
  because of an unopposed candidate, in November 2021;
               (4)  the at-large director position for Goliad County
  for which an election was held, or scheduled to be held but canceled
  because of an unopposed candidate, in November 2021; and
               (5)  the at-large director position for Wilson County
  for which an election was held, or scheduled to be held but canceled
  because of an unopposed candidate, in November 2021.
         (e)  The members of the board of directors serving in the
  director positions described by Subsections (b), (c), and (d) of
  this section on the effective date of this Act shall continue to
  serve until their successors have been elected and qualified.
         (f)  Notwithstanding Section 13-a, Chapter 276, Acts of the
  45th Legislature, Regular Session, 1937, as added by this Act, a
  person serving on the board of directors of the district may vote,
  deliberate, and be counted as a director in attendance at a meeting
  of the board until December 1, 2023.
         SECTION 14.  (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 15.  (a) Except as provided by Subsection (b) of
  this section, this Act takes effect immediately if it receives a
  vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.
         (b)  Section 14-b, Chapter 276, Acts of the 45th Legislature,
  Regular Session, 1937, as added by this Act, takes effect January 1,
  2025.
 
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