Texas 2009 - 81st Regular

Texas House Bill HB4735 Compare Versions

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1	1	By: Eiland (Senate Sponsor - Jackson) H.B. No. 4735
2	2	(In the Senate - Received from the House May 18, 2009;
3	3	May 19, 2009, read first time and referred to Committee on Natural
4	4	Resources; May 23, 2009, reported favorably by the following vote:
5	5	Yeas 9, Nays 0; May 23, 2009, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the powers of the Coastal Water Authority; affecting
11	11	the authority to issue bonds.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 3A, Chapter 601, Acts of the 60th
14	14	Legislature, Regular Session, 1967, is amended to read as follows:
15	15	Sec. 3A. The Authority may develop and generate electric
16	16	energy by any means, including [for use by the Authority or the City
17	17	of Houston by] wind turbines and [or] hydroelectric facilities.
18	18	Any energy generated by the Authority must first be made available
19	19	to the Authority and to the City of Houston.
20	20	SECTION 2. Section 3B(c), Chapter 601, Acts of the 60th
21	21	Legislature, Regular Session, 1967, is amended to read as follows:
22	22	(c) A corporation created under this section is governed in
23	23	the same manner as a local government corporation created by a
24	24	municipality or county, except that the board of the Authority
25	25	shall appoint the board of the corporation and Section 431.101(g),
26	26	Transportation Code, does not apply to a corporation created under
27	27	this section. The board of the corporation serves at the will of
28	28	the board of the Authority.
29	29	SECTION 3. Chapter 601, Acts of the 60th Legislature,
30	30	Regular Session, 1967, is amended by adding Section 3E to read as
31	31	follows:
32	32	Sec. 3E. The Authority may participate in a wetland
33	33	mitigation program under Chapter 221, Natural Resources Code.
34	34	SECTION 4. Section 4, Chapter 601, Acts of the 60th
35	35	Legislature, Regular Session, 1967, is amended by amending
36	36	Subsection (b) and adding Subsection (b-1) to read as follows:
37	37	(b) The Authority shall have and is hereby authorized,
38	38	subject to the provisions contained herein, to exercise the powers,
39	39	rights, privileges, and functions of establishing, acquiring, and
40	40	extending a park or park system and the Authority shall be
41	41	authorized to improve and equip its park or park system in any
42	42	manner considered by its board to be appropriate including the
43	43	construction, purchase, lease, and other acquisition of such park
44	44	facilities as shall be desirable in the full and adequate
45	45	development of the park or park system and once established and
46	46	improved the Authority shall be authorized from time to time to
47	47	improve, repair, extend, operate, and maintain such park or park
48	48	system and the park facilities and other improvements situated
49	49	thereon and relating thereto. 'Park facilities,' as used herein,
50	50	means any and all improvements to, or equipment to be placed in, a
51	51	park, which in the judgment of the board is or will be appropriate,
52	52	necessary, or useful in the establishment and operation of a park or
53	53	park system and which will be used or useful by the public in its
54	54	enjoyment and use thereof, including without limitation, roads,
55	55	paths, ornaments, public utilities and all types and all lines,
56	56	systems, and facilities incident thereto, buildings of every type
57	57	(including but not limited to those related to or useful in the
58	58	accommodation, lodging, housing, and feeding of the members of the
59	59	public who may frequent the park) and amusement equipment and
60	60	facilities of all types. 'Park,' as used herein, means any area of
61	61	land or interest therein which is now owned or may hereafter be
62	62	acquired by the Authority and which is adjacent to the main or
63	63	lateral canals of the Authority and which in the judgment of the
64	64	board is or will be appropriate, necessary or useful as and which is
65	65	or will be dedicated, used, and devoted by the board to use by the
66	66	public as a playground or place of rest, resort, recreation,
67	67	exercise, sport, pleasure, amusement, or enjoyment, or any area of
68	68	land or interest in an area of land to be used as open space or
69	69	wetlands or for reforestation or other uses that reduce, offset, or
70	70	capture greenhouse gases or other emissions, or provide mitigation
71	71	of other environmental impacts, provided that the use of the area of
72	72	land or interest in the area of land is in connection with or useful
73	73	for an existing or planned Authority project or facility or other
74	74	authorized use [in connection with the beneficial use of the main or
75	75	lateral canals to which it is adjacent]. 'Park system,' as used
76	76	herein, means more than one park whether or not contiguous.
77	77	The Authority shall be authorized to acquire property of any
78	78	kind, or any interest therein, necessary or convenient to the
79	79	exercise of the powers, rights, privileges, and functions conferred
80	80	pursuant to this Section 4(b); provided, however, that the
81	81	authority shall not acquire such parks and/or park system by the
82	82	exercise of eminent domain.
83	83	Each park and park system acquired or established under the
84	84	provisions hereof shall be under and subject to the control and
85	85	management of the board, and the board shall have the continuous
86	86	general power to manage and operate the affairs of the same as it
87	87	may consider appropriate, including without limitation the power to
88	88	employ such personnel for management or policing purposes, or
89	89	otherwise, to enter into such contracts and agreements extending
90	90	over such periods of time, to provide for the sale, rental, or use
91	91	of such products in the park or park system as shall be considered
92	92	necessary to the full, complete, proper, and efficient development,
93	93	administration, and operation of the park or park system.
94	94	The Authority shall have the express general power and
95	95	authority to make, grant, accept, and enter into all leases, and all
96	96	concession, rental, operating, or other contracts and agreements
97	97	covering or relating to any part or all of the land comprising any
98	98	park, park system, or park facilities, which the board shall deem
99	99	necessary or convenient to carry out any of the purposes and powers
100	100	granted hereby, upon such terms and conditions and for such length
101	101	or period of time as may be prescribed herein. Any such contract,
102	102	lease, or agreement may be entered into with any person, real or
103	103	artificial, any corporation, municipal or private, any
104	104	governmental agency or bureau, including the United States
105	105	government and the State of Texas, agencies and political
106	106	subdivisions thereof, and the board may make contracts, leases, and
107	107	agreements with any such persons, corporation, or entities for the
108	108	acquisition, financing, construction, or operation of any park,
109	109	park system, or park facilities or other improvements in or
110	110	connected with or incident to any park or park system.
111	111	Any and all such contracts, leases, and agreements, to be
112	112	effective, shall be authorized by order or resolution of the board,
113	113	shall be executed by its president and attested by its secretary, or
114	114	it may be executed by such other person or persons as the board may
115	115	direct, and the same shall be binding upon the Authority without
116	116	reference to any other statute or statutes.
117	117	The board shall be expressly authorized to adopt and enforce
118	118	such rules and regulations relating to the use, operation,
119	119	management, administration, and policing of its park or park system
120	120	and related waters controlled by it as it may consider appropriate,
121	121	including, without limitation, the zoning or dividing of each park
122	122	or park system into such zones or divisions as it may consider
123	123	appropriate and in the interest of such park or park system as a
124	124	whole, and it may restrict and prescribe the activities that may be
125	125	conducted in each such zone or division.
126	126	The board shall be authorized to fix, impose, and collect
127	127	such fees, tolls, rents, rates, and charges for entry to, or use of,
128	128	the park or park system and park facilities controlled by it as it
129	129	may deem necessary, with other sources of funds available to it, to
130	130	support the acquisition, maintenance, upkeep, repair, improvement,
131	131	and operation of such park or park system.
132	132	The board is hereby authorized to accept grants, gratuities,
133	133	advances, and loans in any form from any source approved by the
134	134	board including the United States Government or any agency thereof,
135	135	the State of Texas or any agency thereof, any private or public
136	136	corporation, and any other person, for the purpose of promoting,
137	137	establishing, and accomplishing the objectives and purposes and
138	138	powers herein set forth, and to make and enter into such
139	139	concessions, agreements, and covenants as the board considers
140	140	appropriate in connection therewith.
141	141	(b-1) The Authority may exercise any of its existing powers,
142	142	including its parks powers, to carry out a project or activity that
143	143	reduces, offsets, or captures and sequesters greenhouse gases or
144	144	other emissions as provided by law. The Authority may contract with
145	145	a private or public entity to sell or trade credits, offsets, tax
146	146	credits, or other similar marketable instruments authorized by law
147	147	and available to the Authority attributable to any such project or
148	148	activity. The Authority may pledge any stream of revenue from any
149	149	such transaction to the issuance of bonds or notes to fund any
150	150	authorized purpose of the Authority. The Authority may contract
151	151	with any other governmental entity to issue bonds or notes secured
152	152	by a stream of revenue from the entity attributable to any such
153	153	project or activity. The proceeds of the bonds may be used to fund
154	154	any authorized purpose of the Authority or any joint project with
155	155	the participating governmental entity.
156	156	SECTION 5. (a) The legal notice of the intention to
157	157	introduce this Act, setting forth the general substance of this
158	158	Act, has been published as provided by law, and the notice and a
159	159	copy of this Act have been furnished to all persons, agencies,
160	160	officials, or entities to which they are required to be furnished
161	161	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
162	162	Government Code.
163	163	(b) The governor, one of the required recipients, has
164	164	submitted the notice and Act to the Texas Commission on
165	165	Environmental Quality.
166	166	(c) The Texas Commission on Environmental Quality has filed
167	167	its recommendations relating to this Act with the governor, the
168	168	lieutenant governor, and the speaker of the house of
169	169	representatives within the required time.
170	170	(d) All requirements of the constitution and laws of this
171	171	state and the rules and procedures of the legislature with respect
172	172	to the notice, introduction, and passage of this Act are fulfilled
173	173	and accomplished.
174	174	SECTION 6. This Act takes effect immediately if it receives
175	175	a vote of two-thirds of all the members elected to each house, as
176	176	provided by Section 39, Article III, Texas Constitution. If this
177	177	Act does not receive the vote necessary for immediate effect, this
178	178	Act takes effect September 1, 2009.
179	179	* * * * *