Texas 2015 - 84th Regular

Texas House Bill HB1290 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R20581 AAF-D
2	1		By: Keffer, Howard H.B. No. 1290
3		-	Substitute the following for H.B. No. 1290:
4		-	By: Ashby C.S.H.B. No. 1290
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the sunset review of river authorities.
10	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	8		SECTION 1. SUNSET ACT. Chapter 325, Government Code, is
12	9		amended by adding Section 325.025 to read as follows:
13	10		Sec. 325.025. RIVER AUTHORITIES SUBJECT TO REVIEW. (a) A
14	11		river authority listed in Subsection (b) is subject to a limited
15	12		review under this chapter as if it were a state agency but may not be
16	13		abolished.
17	14		(b) This section applies to the:
18	15		(1) Angelina and Neches River Authority;
19	16		(2) Bandera County River Authority and Groundwater
20	17		District;
21	18		(3) Brazos River Authority;
22	19		(4) Central Colorado River Authority;
23	20		(5) Guadalupe-Blanco River Authority;
24	21		(6) Lavaca-Navidad River Authority;
25	22		(7) Lower Colorado River Authority;
26	23		(8) Lower Neches Valley Authority;
27	24		(9) Nueces River Authority;
28	25		(10) Palo Duro River Authority;
29	26		(11) Red River Authority of Texas;
30	27		(12) Sabine River Authority of Texas;
31	28		(13) San Antonio River Authority;
32	29		(14) San Jacinto River Authority;
33	30		(15) Sulphur River Basin Authority;
34	31		(16) Trinity River Authority of Texas;
35	32		(17) Upper Colorado River Authority; and
36	33		(18) Upper Guadalupe River Authority.
37	34		(c) The limited review under this chapter must assess each
38	35		river authority's:
39	36		(1) governance;
40	37		(2) management;
41	38		(3) operating structure; and
42	39		(4) compliance with legislative requirements.
43	40		(d) A river authority shall pay the cost incurred by the
44	41		commission in performing a review of the authority under this
45	42		section. The commission shall determine the cost, and the
46	43		authority shall pay the amount promptly on receipt of a statement
47	44		from the commission detailing the cost.
48	45		(e) A river authority reviewed by the commission under this
49	46		section may not be required to conduct a management audit under
50		-	Chapter 292, Title 30, Texas Administrative Code, during the
51		-	five-year period after the year in which, if the authority were a
52		-	state agency, the authority would be scheduled to be abolished
53		-	under this chapter.
	47	+	Chapter 292, Title 30, Texas Administrative Code.
54	48		SECTION 2. ANGELINA AND NECHES RIVER AUTHORITY. Subchapter
55	49		A, Chapter 8501, Special District Local Laws Code, is amended by
56	50		adding Section 8501.0015 to read as follows:
57	51		Sec. 8501.0015. APPLICATION OF SUNSET ACT. (a) The
58	52		authority is subject to review under Chapter 325, Government Code
59	53		(Texas Sunset Act), but may not be abolished under that chapter.
60	54		The review shall be conducted under Section 325.025, Government
61	55		Code, as if the authority were a state agency scheduled to be
62		-	abolished September 1, ~~2017~~, and every 12th year after that year.
	56	+	abolished September 1, 2019, and every 12th year after that year.
63	57		(b) The authority shall pay the cost incurred by the Sunset
64	58		Advisory Commission in performing the review. The Sunset Advisory
65	59		Commission shall determine the cost, and the authority shall pay
66	60		the amount promptly on receipt of a statement from the Sunset
67	61		Advisory Commission detailing the cost.
68	62		SECTION 3. BANDERA COUNTY RIVER AUTHORITY AND GROUNDWATER
69	63		DISTRICT. Chapter 629, Acts of the 62nd Legislature, Regular
70	64		Session, 1971, is amended by adding Section 1A to read as follows:
71	65		Sec. 1A. (a) The district is subject to review under Chapter
72	66		325, Government Code (Texas Sunset Act), but may not be abolished
73	67		under that chapter. The review shall be conducted under Section
74	68		325.025, Government Code, as if the district were a state agency
75	69		scheduled to be abolished September 1, 2023, and every 12th year
76	70		after that year.
77	71		(b) The district shall pay the cost incurred by the Sunset
78	72		Advisory Commission in performing the review. The Sunset Advisory
79	73		Commission shall determine the cost, and the district shall pay the
80	74		amount promptly on receipt of a statement from the Sunset Advisory
81	75		Commission detailing the cost.
82	76		SECTION 4. CENTRAL COLORADO RIVER AUTHORITY. Subchapter A,
83	77		Chapter 8505, Special District Local Laws Code, is amended by
84	78		adding Section 8505.0021 to read as follows:
85	79		Sec. 8505.0021. APPLICATION OF SUNSET ACT. (a) The
86	80		authority is subject to review under Chapter 325, Government Code
87	81		(Texas Sunset Act), but may not be abolished under that chapter.
88	82		The review shall be conducted under Section 325.025, Government
89	83		Code, as if the authority were a state agency scheduled to be
90	84		abolished September 1, 2017, and every 12th year after that year.
91	85		(b) The authority shall pay the cost incurred by the Sunset
92	86		Advisory Commission in performing the review. The Sunset Advisory
93	87		Commission shall determine the cost, and the authority shall pay
94	88		the amount promptly on receipt of a statement from the Sunset
95	89		Advisory Commission detailing the cost.
96	90		SECTION 5. GUADALUPE-BLANCO RIVER AUTHORITY. Chapter 75,
97	91		Acts of the 43rd Legislature, 1st Called Session, 1933, is amended
98	92		by adding Section 1A to read as follows:
99	93		Sec. 1A. (a) The District is subject to review under Chapter
100	94		325, Government Code (Texas Sunset Act), but may not be abolished
101	95		under that chapter. The review shall be conducted under Section
102	96		325.025, Government Code, as if the District were a state agency
103	97		scheduled to be abolished September 1, 2017, and every 12th year
104	98		after that year.
105	99		(b) The District shall pay the cost incurred by the Sunset
106	100		Advisory Commission in performing the review. The Sunset Advisory
107	101		Commission shall determine the cost, and the District shall pay the
108	102		amount promptly on receipt of a statement from the Sunset Advisory
109	103		Commission detailing the cost.
110	104		SECTION 6. LAVACA-NAVIDAD RIVER AUTHORITY. Chapter 186,
111	105		Acts of the 50th Legislature, Regular Session, 1947, is amended by
112	106		adding Section 1A to read as follows:
113	107		Sec. 1A. (a) The District is subject to review under Chapter
114	108		325, Government Code (Texas Sunset Act), but may not be abolished
115	109		under that chapter. The review shall be conducted under Section
116	110		325.025, Government Code, as if the District were a state agency
117	111		scheduled to be abolished September 1, 2019, and every 12th year
118	112		after that year.
119	113		(b) The District shall pay the cost incurred by the Sunset
120	114		Advisory Commission in performing the review. The Sunset Advisory
121	115		Commission shall determine the cost, and the District shall pay the
122	116		amount promptly on receipt of a statement from the Sunset Advisory
123	117		Commission detailing the cost.
124	118		SECTION 7. LOWER COLORADO RIVER AUTHORITY. Chapter 8503,
125	119		Special District Local Laws Code, is amended by adding Section
126	120		8503.0021 to read as follows:
127	121		Sec. 8503.0021. APPLICATION OF SUNSET ACT. (a) The
128	122		authority is subject to review under Chapter 325, Government Code
129	123		(Texas Sunset Act), but may not be abolished under that chapter.
130		-	The review shall not include the management of or the generation or
	124	+	The review shall not include the management of the generation or
131	125		transmission of electricity under the wholesale electricity
132		-	operation of the authority. The review shall be conducted under
133		-	Section 325.025, Government Code, as if the authority were a state
134		-	agency scheduled to be abolished September 1, 2019, and every 12th
135		-	year after that year.
	126	+	operation of the authority and the authority's affiliated nonprofit
	127	+	corporations. The review shall be conducted under Section 325.025,
	128	+	Government Code, as if the authority were a state agency scheduled
	129	+	to be abolished September 1, 2019, and every 12th year after that
	130	+	year.
136	131		(b) The authority shall pay the cost incurred by the Sunset
137	132		Advisory Commission in performing the review. The Sunset Advisory
138	133		Commission shall determine the cost, and the authority shall pay
139	134		the amount promptly on receipt of a statement from the Sunset
140	135		Advisory Commission detailing the cost.
141	136		SECTION 8. LOWER NECHES VALLEY AUTHORITY. Subchapter A,
142	137		Chapter 8504, Special District Local Laws Code, is amended by
143	138		adding Section 8504.0021 to read as follows:
144	139		Sec. 8504.0021. APPLICATION OF SUNSET ACT. (a) The
145	140		authority is subject to review under Chapter 325, Government Code
146	141		(Texas Sunset Act), but may not be abolished under that chapter.
147	142		The review shall be conducted under Section 325.025, Government
148	143		Code, as if the authority were a state agency scheduled to be
149	144		abolished September 1, 2019, and every 12th year after that year.
150	145		(b) The authority shall pay the cost incurred by the Sunset
151	146		Advisory Commission in performing the review. The Sunset Advisory
152	147		Commission shall determine the cost, and the authority shall pay
153	148		the amount promptly on receipt of a statement from the Sunset
154	149		Advisory Commission detailing the cost.
155	150		SECTION 9. NUECES RIVER AUTHORITY. Chapter 427, Acts of the
156	151		44th Legislature, 1st Called Session, 1935, is amended by adding
157	152		Section 1.02A to read as follows:
158	153		Sec. 1.02A. APPLICATION OF SUNSET ACT. (a) The authority
159	154		is subject to review under Chapter 325, Government Code (Texas
160	155		Sunset Act), but may not be abolished under that chapter. The
161	156		review shall be conducted under Section 325.025, Government Code,
162	157		as if the authority were a state agency scheduled to be abolished
163	158		September 1, 2019, and every 12th year after that year.
164	159		(b) The authority shall pay the cost incurred by the Sunset
165	160		Advisory Commission in performing the review. The Sunset Advisory
166	161		Commission shall determine the cost, and the authority shall pay
167	162		the amount promptly on receipt of a statement from the Sunset
168	163		Advisory Commission detailing the cost.
169	164		SECTION 10. PALO DURO RIVER AUTHORITY. Chapter 438, Acts of
170	165		the 63rd Legislature, Regular Session, 1973, is amended by adding
171	166		Section 1A to read as follows:
172	167		Sec. 1A. (a) The Authority is subject to review under
173	168		Chapter 325, Government Code (Texas Sunset Act), but may not be
174	169		abolished under that chapter. The review shall be conducted under
175	170		Section 325.025, Government Code, as if the Authority were a state
176	171		agency scheduled to be abolished September 1, 2021, and every 12th
177	172		year after that year.
178	173		(b) The Authority shall pay the cost incurred by the Sunset
179	174		Advisory Commission in performing the review. The Sunset Advisory
180	175		Commission shall determine the cost, and the Authority shall pay
181	176		the amount promptly on receipt of a statement from the Sunset
182	177		Advisory Commission detailing the cost.
183	178		SECTION 11. RED RIVER AUTHORITY OF TEXAS. Chapter 279, Acts
184	179		of the 56th Legislature, Regular Session, 1959, is amended by
185	180		adding Section 1A to read as follows:
186	181		Sec. 1A. (a) The Authority is subject to review under
187	182		Chapter 325, Government Code (Texas Sunset Act), but may not be
188	183		abolished under that chapter. The review shall be conducted under
189	184		Section 325.025, Government Code, as if the Authority were a state
190	185		agency scheduled to be abolished September 1, 2021, and every 12th
191	186		year after that year.
192	187		(b) The Authority shall pay the cost incurred by the Sunset
193	188		Advisory Commission in performing the review. The Sunset Advisory
194	189		Commission shall determine the cost, and the Authority shall pay
195	190		the amount promptly on receipt of a statement from the Sunset
196	191		Advisory Commission detailing the cost.
197	192		SECTION 12. SABINE RIVER AUTHORITY OF TEXAS. Chapter 110,
198	193		Acts of the 51st Legislature, Regular Session, 1949, is amended by
199	194		adding Section 2A to read as follows:
200	195		Sec. 2A. (a) The district is subject to review under Chapter
201	196		325, Government Code (Texas Sunset Act), but may not be abolished
202	197		under that chapter. The review shall be conducted under Section
203	198		325.025, Government Code, as if the district were a state agency
204	199		scheduled to be abolished September 1, 2021, and every 12th year
205	200		after that year.
206	201		(b) The district shall pay the cost incurred by the Sunset
207	202		Advisory Commission in performing the review. The Sunset Advisory
208	203		Commission shall determine the cost, and the district shall pay the
209	204		amount promptly on receipt of a statement from the Sunset Advisory
210	205		Commission detailing the cost.
211	206		SECTION 13. BRAZOS RIVER AUTHORITY. Chapter 8502, Special
212	207		District Local Laws Code, is amended by adding Section 8502.0021 to
213	208		read as follows:
214	209		Sec. 8502.0021. APPLICATION OF SUNSET ACT. (a) The
215	210		authority is subject to review under Chapter 325, Government Code
216	211		(Texas Sunset Act), but may not be abolished under that chapter.
217	212		The review shall be conducted under Section 325.025, Government
218	213		Code, as if the authority were a state agency scheduled to be
219		-	abolished September 1, 2023, and every 12th year after that year.
	214	+	abolished September 1, 2017
	215	+	, and every 12th year after that year.
220	216		(b) The authority shall pay the cost incurred by the Sunset
221	217		Advisory Commission in performing the review. The Sunset Advisory
222	218		Commission shall determine the cost, and the authority shall pay
223	219		the amount promptly on receipt of a statement from the Sunset
224	220		Advisory Commission detailing the cost.
225	221		SECTION 14. SAN ANTONIO RIVER AUTHORITY. Chapter 276, Acts
226	222		of the 45th Legislature, Regular Session, 1937, is amended by
227	223		adding Section 1-a to read as follows:
228	224		Sec. 1-a. APPLICATION OF SUNSET ACT. (a) The District is
229	225		subject to review under Chapter 325, Government Code (Texas Sunset
230	226		Act), but may not be abolished under that chapter. The review shall
231	227		be conducted under Section 325.025, Government Code, as if the
232	228		District were a state agency scheduled to be abolished September 1,
233	229		2023, and every 12th year after that year.
234	230		(b) The District shall pay the cost incurred by the Sunset
235	231		Advisory Commission in performing the review. The Sunset Advisory
236	232		Commission shall determine the cost, and the District shall pay the
237	233		amount promptly on receipt of a statement from the Sunset Advisory
238	234		Commission detailing the cost.
239	235		SECTION 15. SAN JACINTO RIVER AUTHORITY. Chapter 426, Acts
240	236		of the 45th Legislature, Regular Session, 1937, is amended by
241	237		adding Section 1A to read as follows:
242	238		Sec. 1A. (a) The District is subject to review under Chapter
243	239		325, Government Code (Texas Sunset Act), but may not be abolished
244	240		under that chapter. The review shall be conducted under Section
245	241		325.025, Government Code, as if the District were a state agency
246	242		scheduled to be abolished September 1, 2023, and every 12th year
247	243		after that year.
248	244		(b) The District shall pay the cost incurred by the Sunset
249	245		Advisory Commission in performing the review. The Sunset Advisory
250	246		Commission shall determine the cost, and the District shall pay the
251	247		amount promptly on receipt of a statement from the Sunset Advisory
252	248		Commission detailing the cost.
253	249		SECTION 16. SULPHUR RIVER BASIN AUTHORITY. Sections 1A(a)
254	250		and (c), Chapter 3, Acts of the 69th Legislature, 1st Called
255	251		Session, 1985, are amended to read as follows:
256	252		(a) The authority is subject to review under Chapter 325,
257	253		Government Code (Texas Sunset Act), but may not be abolished under
258	254		that chapter [as if it were a state agency]. The review shall be
259	255		conducted under Section 325.025, Government Code, as if the
260	256		authority were a state agency scheduled to be abolished September
261	257		1, 2023, and every 12th year after that year [Unless the authority
262	258		is continued in existence, the authority is abolished and this Act
263	259		expires September 1, 2017].
264	260		(c) The authority shall pay the costs incurred by the Sunset
265	261		Advisory Commission in performing the [a] review [of the authority
266	262		under this section]. The Sunset Advisory Commission shall
267	263		determine the costs, and the authority shall pay the amount
268	264		promptly on receipt of a statement from the Sunset Advisory
269	265		Commission detailing the costs.
270	266		SECTION 17. TRINITY RIVER AUTHORITY OF TEXAS. Chapter 518,
271	267		Acts of the 54th Legislature, Regular Session, 1955, is amended by
272	268		adding Section 1A to read as follows:
273	269		Sec. 1A. (a) The Authority is subject to review under
274	270		Chapter 325, Government Code (Texas Sunset Act), but may not be
275	271		abolished under that chapter. The review shall be conducted under
276	272		Section 325.025, Government Code, as if the Authority were a state
277	273		agency scheduled to be abolished September 1, 2023, and every 12th
278	274		year after that year.
279	275		(b) The Authority shall pay the cost incurred by the Sunset
280	276		Advisory Commission in performing the review. The Sunset Advisory
281	277		Commission shall determine the cost, and the Authority shall pay
282	278		the amount promptly on receipt of a statement from the Sunset
283	279		Advisory Commission detailing the cost.
284	280		SECTION 18. UPPER COLORADO RIVER AUTHORITY. Chapter 126,
285	281		General Laws, Acts of the 44th Legislature, Regular Session, 1935,
286	282		is amended by adding Section 1A to read as follows:
287	283		Sec. 1A. (a) The District is subject to review under
288	284		Chapter 325, Government Code (Texas Sunset Act), but may not be
289	285		abolished under that chapter. The review shall be conducted under
290	286		Section 325.025, Government Code, as if the District were a state
291	287		agency scheduled to be abolished September 1, 2021, and every 12th
292	288		year after that year.
293	289		(b) The District shall pay the cost incurred by the Sunset
294	290		Advisory Commission in performing the review. The Sunset Advisory
295	291		Commission shall determine the cost, and the District shall pay the
296	292		amount promptly on receipt of a statement from the Sunset Advisory
297	293		Commission detailing the cost.
298	294		SECTION 19. UPPER GUADALUPE RIVER AUTHORITY. Chapter 5,
299	295		page 1062, Special Laws, Acts of the 46th Legislature, Regular
300	296		Session, 1939, is amended by adding Section 1A to read as follows:
301	297		Sec. 1A. (a) The District is subject to review under Chapter
302	298		325, Government Code (Texas Sunset Act), but may not be abolished
303	299		under that chapter. The review shall be conducted under Section
304	300		325.025, Government Code, as if the District were a state agency
305	301		scheduled to be abolished September 1, 2021, and every 12th year
306	302		after that year.
307	303		(b) The District shall pay the cost incurred by the Sunset
308	304		Advisory Commission in performing the review. The Sunset Advisory
309	305		Commission shall determine the cost, and the District shall pay the
310	306		amount promptly on receipt of a statement from the Sunset Advisory
311	307		Commission detailing the cost.
312	308		SECTION 20. REPEALER. Sections 1A(b) and (d), Chapter 3,
313	309		Acts of the 69th Legislature, 1st Called Session, 1985, are
314	310		repealed.
315	311		SECTION 21. EFFECTIVE DATE. This Act takes effect
316	312		immediately if it receives a vote of two-thirds of all the members
317	313		elected to each house, as provided by Section 39, Article III, Texas
318	314		Constitution. If this Act does not receive the vote necessary for
319	315		immediate effect, this Act takes effect September 1, 2015.