By: Crownover (Senate Sponsor - Nelson) H.B. No. 4176
(In the Senate - Received from the House May 18, 2015;
May 18, 2015, read first time and referred to Committee on
Intergovernmental Relations; May 22, 2015, reported favorably by
the following vote: Yeas 6, Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the territory, board, and operation of the Lake Cities
Municipal Utility Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3(a), Chapter 1137, Acts of the 76th
Legislature, Regular Session, 1999, is amended to read as follows:
(a) LCMUA consists of the territory, as specifically
described in the official records of LCMUA, that is contained in the
boundaries or extraterritorial jurisdiction of:
(1) the City of Lake Dallas;
(2) the Town [and that part of the City] of Shady
Shores; and
(3) the Town of Hickory Creek [specifically described
in the official records of LCMUA].
SECTION 2. Section 6, Chapter 1137, Acts of the 76th
Legislature, Regular Session, 1999, is amended by adding Subsection
(d-1) to read as follows:
(d-1) The director for:
(1) place 1 must reside in the City of Lake Dallas or
its extraterritorial jurisdiction;
(2) place 2 must reside within the boundaries of
LCMUA;
(3) place 3 must reside in the Town of Shady Shores or
its extraterritorial jurisdiction;
(4) place 4 must reside within the boundaries of
LCMUA; and
(5) place 5 must reside in the Town of Hickory Creek or
its extraterritorial jurisdiction.
SECTION 3. Section 7(a), Chapter 1137, Acts of the 76th
Legislature, Regular Session, 1999, is amended to read as follows:
(a) The board shall elect from its number a president and
vice president and any other officers the board considers necessary
or appropriate. Not more than two officers may reside in the same
municipality.
SECTION 4. Section 13(d), Chapter 1137, Acts of the 76th
Legislature, Regular Session, 1999, is amended to read as follows:
(d) LCMUA may apply as necessary for any permit, license, or
other authorization from the Texas [Natural Resource Conservation]
Commission on Environmental Quality or any other regulatory body in
order to conduct any of its operations.
SECTION 5. Sections 16(c) and (l), Chapter 1137, Acts of the
76th Legislature, Regular Session, 1999, are amended to read as
follows:
(c) Bonds shall be issued in the name of Lake Cities
Municipal Utility Authority and[,] signed by the president or vice
president[, and attested by the secretary] and shall bear the seal,
or a facsimile seal, of LCMUA. The facsimile signature of the
president or vice president [secretary] or both may be printed or
lithographed on the bonds if authorized by the board, and the seal
of LCMUA may be impressed, printed, or lithographed on the bonds.
(l) Any provision in this Act to the contrary
notwithstanding, before issuing any construction bonds, LCMUA
shall submit plans, specifications, and other necessary
information and documents to the appropriate authorities and shall
obtain the necessary permits or other authorizations from the
appropriate regulatory bodies, including the Texas [Natural
Resource Conservation] Commission on Environmental Quality.
SECTION 6. Section 7(d), Chapter 1137, Acts of the 76th
Legislature, Regular Session, 1999, is repealed.
SECTION 7. Section 6(d-1), Chapter 1137, Acts of the 76th
Legislature, Regular Session, 1999, as added by this Act, does not
affect the entitlement of a member serving on the board of directors
of the Lake Cities Municipal Utility Authority immediately before
the effective date of this Act to continue to carry out the board's
functions for the remainder of the member's term. The changes in
law apply only to a member elected on or after the effective date of
this Act. This Act does not prohibit a person who is a member of the
board on the effective date of this Act from being reelected to the
board if the person has the qualifications required for a member
under Section 6(d-1), Chapter 1137, Acts of the 76th Legislature,
Regular Session, 1999, as added by this Act.
SECTION 8. (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 9. This Act takes effect September 1, 2015.
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