By: Zaffirini S.B. No. 855
(Kuempel)
A BILL TO BE ENTITLED
AN ACT
relating to the territory and board of the Canyon Regional Water
Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.02(a), Chapter 670, Acts of the 71st
Legislature, Regular Session, 1989, is amended by adding
Subdivision (4-a) to read as follows:
(4-a) "Member entity" means an entity, including a
water supply corporation, or political subdivision whose territory
has been added to the authority by virtue of legislative action or
in accordance with the procedures provided for in Section 7.01 and
whose territory has not been removed from the authority.
SECTION 2. Section 2.03(a), Chapter 670, Acts of the 71st
Legislature, Regular Session, 1989, is amended to read as follows:
(a) The authority includes all the territory located in the
service area of the member entities [Crystal Clear Water Supply
Corporation, the East Central Water Supply Corporation, the Green
Valley Water Supply Corporation, and the Springs Hill Water Supply
Corporation] as provided by their respective certificates of
convenience and necessity [issued by the commission].
SECTION 3. Section 3.02, Chapter 670, Acts of the 71st
Legislature, Regular Session, 1989, is amended to read as follows:
Sec. 3.02. QUALIFICATIONS OF TRUSTEES. (a) To be
qualified to serve as a trustee, a person must be:
(1) at least 18 years old; and
(2) a resident of the territory located in the
authority.
(b) A trustee who also serves on the governing body of a
member entity is not a dual officeholder and is not prohibited by
the common law doctrine of incompatibility from serving on both the
board and the governing body.
(c) Service on the board by a public officeholder is an
additional duty of that person's office.
SECTION 4. Section 4.03(a), Chapter 670, Acts of the 71st
Legislature, Regular Session, 1989, is amended to read as follows:
(a) The authority may exercise the power of eminent domain
as provided by Section 49.222, Water Code, to acquire by
condemnation a fee simple or other interest in property located in
the territory of the authority if the property interest is
necessary to the exercise of the rights or authority conferred by
this Act.
SECTION 5. Sections 4.03(b) and (c), Chapter 670, Acts of
the 71st Legislature, Regular Session, 1989, are repealed.
SECTION 6. (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 7. 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.