84R20581 AAF-D
By: Keffer, Howard H.B. No. 1290
Substitute the following for H.B. No. 1290:
By: Ashby C.S.H.B. No. 1290
A BILL TO BE ENTITLED
AN ACT
relating to the sunset review of river authorities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. SUNSET ACT. Chapter 325, Government Code, is
amended by adding Section 325.025 to read as follows:
Sec. 325.025. RIVER AUTHORITIES SUBJECT TO REVIEW. (a) A
river authority listed in Subsection (b) is subject to a limited
review under this chapter as if it were a state agency but may not be
abolished.
(b) This section applies to the:
(1) Angelina and Neches River Authority;
(2) Bandera County River Authority and Groundwater
District;
(3) Brazos River Authority;
(4) Central Colorado River Authority;
(5) Guadalupe-Blanco River Authority;
(6) Lavaca-Navidad River Authority;
(7) Lower Colorado River Authority;
(8) Lower Neches Valley Authority;
(9) Nueces River Authority;
(10) Palo Duro River Authority;
(11) Red River Authority of Texas;
(12) Sabine River Authority of Texas;
(13) San Antonio River Authority;
(14) San Jacinto River Authority;
(15) Sulphur River Basin Authority;
(16) Trinity River Authority of Texas;
(17) Upper Colorado River Authority; and
(18) Upper Guadalupe River Authority.
(c) The limited review under this chapter must assess each
river authority's:
(1) governance;
(2) management;
(3) operating structure; and
(4) compliance with legislative requirements.
(d) A river authority shall pay the cost incurred by the
commission in performing a review of the authority under this
section. The commission shall determine the cost, and the
authority shall pay the amount promptly on receipt of a statement
from the commission detailing the cost.
(e) A river authority reviewed by the commission under this
section may not be required to conduct a management audit under
Chapter 292, Title 30, Texas Administrative Code, during the
five-year period after the year in which, if the authority were a
state agency, the authority would be scheduled to be abolished
under this chapter.
SECTION 2. ANGELINA AND NECHES RIVER AUTHORITY. Subchapter
A, Chapter 8501, Special District Local Laws Code, is amended by
adding Section 8501.0015 to read as follows:
Sec. 8501.0015. APPLICATION OF SUNSET ACT. (a) The
authority 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 authority were a state agency scheduled to be
abolished September 1, 2017, and every 12th year after that year.
(b) The authority shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the authority shall pay
the amount promptly on receipt of a statement from the Sunset
Advisory Commission detailing the cost.
SECTION 3. BANDERA COUNTY RIVER AUTHORITY AND GROUNDWATER
DISTRICT. Chapter 629, Acts of the 62nd Legislature, Regular
Session, 1971, is amended by adding Section 1A to read as follows:
Sec. 1A. (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, 2023, and every 12th year
after that year.
(b) The district shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the district shall pay the
amount promptly on receipt of a statement from the Sunset Advisory
Commission detailing the cost.
SECTION 4. CENTRAL COLORADO RIVER AUTHORITY. Subchapter A,
Chapter 8505, Special District Local Laws Code, is amended by
adding Section 8505.0021 to read as follows:
Sec. 8505.0021. APPLICATION OF SUNSET ACT. (a) The
authority 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 authority were a state agency scheduled to be
abolished September 1, 2017, and every 12th year after that year.
(b) The authority shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the authority shall pay
the amount promptly on receipt of a statement from the Sunset
Advisory Commission detailing the cost.
SECTION 5. GUADALUPE-BLANCO RIVER AUTHORITY. Chapter 75,
Acts of the 43rd Legislature, 1st Called Session, 1933, is amended
by adding Section 1A to read as follows:
Sec. 1A. (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, 2017, and every 12th year
after that year.
(b) The District shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the District shall pay the
amount promptly on receipt of a statement from the Sunset Advisory
Commission detailing the cost.
SECTION 6. LAVACA-NAVIDAD RIVER AUTHORITY. Chapter 186,
Acts of the 50th Legislature, Regular Session, 1947, is amended by
adding Section 1A to read as follows:
Sec. 1A. (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, 2019, and every 12th year
after that year.
(b) The District shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the District shall pay the
amount promptly on receipt of a statement from the Sunset Advisory
Commission detailing the cost.
SECTION 7. LOWER COLORADO RIVER AUTHORITY. Chapter 8503,
Special District Local Laws Code, is amended by adding Section
8503.0021 to read as follows:
Sec. 8503.0021. APPLICATION OF SUNSET ACT. (a) The
authority is subject to review under Chapter 325, Government Code
(Texas Sunset Act), but may not be abolished under that chapter.
The review shall not include the management of or the generation or
transmission of electricity under the wholesale electricity
operation of the authority. The review shall be conducted under
Section 325.025, Government Code, as if the authority were a state
agency scheduled to be abolished September 1, 2019, and every 12th
year after that year.
(b) The authority shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the authority shall pay
the amount promptly on receipt of a statement from the Sunset
Advisory Commission detailing the cost.
SECTION 8. LOWER NECHES VALLEY AUTHORITY. Subchapter A,
Chapter 8504, Special District Local Laws Code, is amended by
adding Section 8504.0021 to read as follows:
Sec. 8504.0021. APPLICATION OF SUNSET ACT. (a) The
authority 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 authority were a state agency scheduled to be
abolished September 1, 2019, and every 12th year after that year.
(b) The authority shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the authority shall pay
the amount promptly on receipt of a statement from the Sunset
Advisory Commission detailing the cost.
SECTION 9. NUECES RIVER AUTHORITY. Chapter 427, Acts of the
44th Legislature, 1st Called Session, 1935, is amended by adding
Section 1.02A to read as follows:
Sec. 1.02A. APPLICATION OF SUNSET ACT. (a) The authority
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 authority were a state agency scheduled to be abolished
September 1, 2019, and every 12th year after that year.
(b) The authority shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the authority shall pay
the amount promptly on receipt of a statement from the Sunset
Advisory Commission detailing the cost.
SECTION 10. PALO DURO RIVER AUTHORITY. Chapter 438, Acts of
the 63rd Legislature, Regular Session, 1973, is amended by adding
Section 1A to read as follows:
Sec. 1A. (a) The Authority 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 Authority were a state
agency scheduled to be abolished September 1, 2021, and every 12th
year after that year.
(b) The Authority shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the Authority shall pay
the amount promptly on receipt of a statement from the Sunset
Advisory Commission detailing the cost.
SECTION 11. RED RIVER AUTHORITY OF TEXAS. Chapter 279, Acts
of the 56th Legislature, Regular Session, 1959, is amended by
adding Section 1A to read as follows:
Sec. 1A. (a) The Authority 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 Authority were a state
agency scheduled to be abolished September 1, 2021, and every 12th
year after that year.
(b) The Authority shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the Authority shall pay
the amount promptly on receipt of a statement from the Sunset
Advisory Commission detailing the cost.
SECTION 12. SABINE RIVER AUTHORITY OF TEXAS. Chapter 110,
Acts of the 51st Legislature, Regular Session, 1949, is amended by
adding Section 2A to read as follows:
Sec. 2A. (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, 2021, and every 12th year
after that year.
(b) The district shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the district shall pay the
amount promptly on receipt of a statement from the Sunset Advisory
Commission detailing the cost.
SECTION 13. BRAZOS RIVER AUTHORITY. Chapter 8502, Special
District Local Laws Code, is amended by adding Section 8502.0021 to
read as follows:
Sec. 8502.0021. APPLICATION OF SUNSET ACT. (a) The
authority 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 authority were a state agency scheduled to be
abolished September 1, 2023, and every 12th year after that year.
(b) The authority shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the authority shall pay
the amount promptly on receipt of a statement from the Sunset
Advisory Commission detailing the cost.
SECTION 14. SAN ANTONIO RIVER AUTHORITY. Chapter 276, Acts
of the 45th Legislature, Regular Session, 1937, is amended by
adding Section 1-a to read as follows:
Sec. 1-a. APPLICATION OF SUNSET ACT. (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,
2023, and every 12th year after that year.
(b) The District shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the District shall pay the
amount promptly on receipt of a statement from the Sunset Advisory
Commission detailing the cost.
SECTION 15. SAN JACINTO RIVER AUTHORITY. Chapter 426, Acts
of the 45th Legislature, Regular Session, 1937, is amended by
adding Section 1A to read as follows:
Sec. 1A. (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, 2023, and every 12th year
after that year.
(b) The District shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the District shall pay the
amount promptly on receipt of a statement from the Sunset Advisory
Commission detailing the cost.
SECTION 16. SULPHUR RIVER BASIN AUTHORITY. Sections 1A(a)
and (c), Chapter 3, Acts of the 69th Legislature, 1st Called
Session, 1985, are amended to read as follows:
(a) The authority is subject to review under Chapter 325,
Government Code (Texas Sunset Act), but may not be abolished under
that chapter [as if it were a state agency]. The review shall be
conducted under Section 325.025, Government Code, as if the
authority were a state agency scheduled to be abolished September
1, 2023, and every 12th year after that year [Unless the authority
is continued in existence, the authority is abolished and this Act
expires September 1, 2017].
(c) The authority shall pay the costs incurred by the Sunset
Advisory Commission in performing the [a] review [of the authority
under this section]. The Sunset Advisory Commission shall
determine the costs, and the authority shall pay the amount
promptly on receipt of a statement from the Sunset Advisory
Commission detailing the costs.
SECTION 17. TRINITY RIVER AUTHORITY OF TEXAS. Chapter 518,
Acts of the 54th Legislature, Regular Session, 1955, is amended by
adding Section 1A to read as follows:
Sec. 1A. (a) The Authority 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 Authority were a state
agency scheduled to be abolished September 1, 2023, and every 12th
year after that year.
(b) The Authority shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the Authority shall pay
the amount promptly on receipt of a statement from the Sunset
Advisory Commission detailing the cost.
SECTION 18. UPPER COLORADO RIVER AUTHORITY. Chapter 126,
General Laws, Acts of the 44th Legislature, Regular Session, 1935,
is amended by adding Section 1A to read as follows:
Sec. 1A. (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, 2021, and every 12th
year after that year.
(b) The District shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the District shall pay the
amount promptly on receipt of a statement from the Sunset Advisory
Commission detailing the cost.
SECTION 19. UPPER GUADALUPE RIVER AUTHORITY. Chapter 5,
page 1062, Special Laws, Acts of the 46th Legislature, Regular
Session, 1939, is amended by adding Section 1A to read as follows:
Sec. 1A. (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, 2021, and every 12th year
after that year.
(b) The District shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the District shall pay the
amount promptly on receipt of a statement from the Sunset Advisory
Commission detailing the cost.
SECTION 20. REPEALER. Sections 1A(b) and (d), Chapter 3,
Acts of the 69th Legislature, 1st Called Session, 1985, are
repealed.
SECTION 21. EFFECTIVE DATE. 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, 2015.