Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SB436 Engrossed / Bill

                    SLS 12RS-307	REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 436
BY SENATORS LONG, AMEDEE, BROWN, CORTEZ, CROWE, GUILLORY, JOHNS,
KOSTELKA, MORRELL, MORRISH, MURRAY, PEACOCK, RISER,
JOHN SMITH, TARVER, THOMPSON, WALSWORTH AND WHITE
AND REPRESENTATIVE HOWARD 
WATER/WATERWAYS.  Requires the Sabine River Authority to obtain legislative
committee and certain local government approval for out-of-state water sales. (8/1/12)
AN ACT1
To amend and reenact R.S. 38:2325(A)(16), relative to the Sabine River Authority; to2
provide for the powers and duties of the authority; to provide rules, conditions, and3
requirement for the sale, utilization, distribution, or consumption of water outside the4
state; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 38:2325(A)(16) is hereby amended and reenacted to read as follows:7
ยง2325. Powers8
A. Said authority shall have the power:9
*          *          *10
(16)(a) To enter into any and all contracts and other agreements with any11
person, real or artificial, any public or private entity, any government or12
governmental agency, including the United States of America, the state of Texas, the13
Sabine River Authority of Texas, the state of Louisiana, and the agencies, bureaus,14
departments, and political subdivisions thereof, which contracts and other15
agreements may provide for the sale, conservation, storage, utilization, preservation,16
distribution, or consumption, whether within or without the state of Louisiana, of the17 SB NO. 436
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
waters over which the Aauthority has jurisdiction or over which the Aauthority has1
legal control;.2
(b) however, the The written concurrence of the governor shall be required3
for any contracts and other agreements which provide for the sale, utilization,4
distribution, or consumption, outside of the boundaries of the state of Louisiana, of5
the waters over which the Authority authority has jurisdiction or control.6
(c) The written concurrence of the Senate Committee on Natural7
Resources and the House Committee on Natural Resources and Environment8
shall be required for any contracts and other agreements which provide for the9
sale, utilization, distribution, or consumption, outside of the boundaries of the10
state of Louisiana, of the waters over which the authority has jurisdiction or11
control.12
(d) The written concurrence, by resolution and two-thirds vote, of the13
local governing authority of each parish in the territory of the Sabine River14
Authority shall be required for any contracts and other agreements which15
provide for the sale, utilization, distribution, or consumption, outside of the16
boundaries of the state of Louisiana, of the waters over which the authority has17
jurisdiction or control. In addition, at least two-thirds of all the local governing18
authorities in the territory of the Sabine River Authority shall concur before the19
authority can enter into any such contract or other agreements.20
*          *          *21
The original instrument was prepared by McHenry Lee. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Cathy R. Wells.
DIGEST
Long (SB 436)
Present law authorizes the Sabine River Authority to enter into contracts which provide for
the sale, utilization, distribution, or consumption of water outside the boundaries of the state
and requires the written consent of the governor for such contracts.
Proposed law retains present law but also requires the written concurrence by the Senate
Committee on Natural Resources and the House Committee on Natural Resources and
Environment for any contracts and other agreements which provide for the sale, utilization,
distribution, or consumption, outside of the boundaries of the state of Louisiana, of the SB NO. 436
SLS 12RS-307	REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
waters over which the Sabine River Authority has jurisdiction or control.
Proposed law further requires the written concurrence by two-thirds vote of the local
governing authority of each parish in the territory of the authority and the concurrence of at
least two-thirds of all the local governing authorities in the territory of the Sabine River
Authority for any contracts and other agreements which provide for the sale, utilization,
distribution, or consumption, outside of the boundaries of the state of Louisiana.
Effective August 1, 2012.
(Amends R.S. 38:2325(A)(16))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Natural Resources to
the original bill
1. Requires the authority to receive approval by the legislative committees on
natural resources for certain water sales.
2. Makes technical changes.
Senate Floor Amendments to engrossed bill
1. Requires written concurrence by two-thirds vote of the local governing
authority of each parish in the territory of the authority and the concurrence
of at least two-thirds of all the local governing authorities in the territory of
the Sabine River Authority for water sales outside the boundaries of the state
in addition to the approval by certain legislative committees.