Texas 2017 - 85th Regular

Texas House Bill HB2180 Compare Versions

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1		-	By: Flynn, VanDeaver (Senate Sponsor - Nichols) H.B. No. 2180
2		-	(In the Senate - Received from the House May 3, 2017;
3		-	May 4, 2017, read first time and referred to Committee on
4		-	Agriculture, Water & Rural Affairs; May 16, 2017, reported
5		-	favorably by the following vote: Yeas 7, Nays 0; May 16, 2017,
6		-	sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 2180
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to the Sulphur River Basin Authority, following
13	6		recommendations of the Sunset Advisory Commission.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Section 1A(a), Chapter 3, Acts of the 69th
16	9		Legislature, 1st Called Session, 1985, as repealed by Chapter 938
17	10		(H.B. 3123), Acts of the 84th Legislature, Regular Session, 2015,
18	11		and amended by Chapter 1148 (S.B. 523), Acts of the 84th
19	12		Legislature, Regular Session, 2015, is reenacted and amended to
20	13		read as follows:
21	14		(a) The authority is subject to review under Chapter 325,
22	15		Government Code (Texas Sunset Act), but may not be abolished under
23	16		that chapter. The review shall be conducted under Section 325.025,
24	17		Government Code, as if the authority were a state agency scheduled
25	18		to be abolished September 1, 2029 [2017], and every 12th year after
26	19		that year.
27	20		SECTION 2. Section 2(11), Chapter 3, Acts of the 69th
28	21		Legislature, 1st Called Session, 1985, is amended to read as
29	22		follows:
30	23		(11) "Waste" means sewage, industrial waste,
31	24		municipal waste, recreational waste, agricultural waste, or waste
32	25		heat[, solid waste, or any other waste].
33	26		SECTION 3. Section 3(a), Chapter 3, Acts of the 69th
34	27		Legislature, 1st Called Session, 1985, is amended to read as
35	28		follows:
36	29		(a) The authority is composed of the territory in each
37	30		county in Texas, other than Fannin County, that is located in whole
38	31		or in part within the watershed of the Sulphur River and its
39	32		tributaries with confluences with the Sulphur River upstream from
40	33		the eastern boundary of Texas, as those watersheds and tributaries
41	34		are defined by maps now on file with the development board [Texas
42	35		Department of Water Resources].
43	36		SECTION 4. Section 4, Chapter 3, Acts of the 69th
44	37		Legislature, 1st Called Session, 1985, is amended to read as
45	38		follows:
46	39		Sec. 4. AUTHORITY PURPOSES. The purpose of this Act is to
47	40		authorize the authority to provide for the conservation and
48	41		development of the state's natural resources within the basin of
49	42		Sulphur River, including:
50	43		(1) the control, storage, preservation, and
51	44		distribution of the state's water for domestic and municipal uses,
52	45		industrial uses, irrigation, mining and recovery of minerals, stock
53	46		raising, underground water recharge, electric power generation,
54	47		navigation, [recreation and pleasure,] and other beneficial uses
55	48		and purposes;
56	49		(2) the reclamation and irrigation of land needing
57	50		irrigation;
58	51		(3) the reclamation and drainage of overflowed land
59	52		and other land needing drainage;
60	53		(4) the maintenance and enhancement of the quality of
61	54		the water;
62	55		(5) the conservation and development of the [forests,]
63	56		water[, and hydroelectric power];
64	57		(6) the navigation of inland water; and
65	58		(7) the provision of systems, facilities, and
66	59		procedures for the collection, transportation, handling,
67	60		treatment, and disposal of waste [of all types].
68	61		SECTION 5. Section 6, Chapter 3, Acts of the 69th
69	62		Legislature, 1st Called Session, 1985, is amended by amending
70	63		Subsections (a), (b), (c), and (i) and adding Subsection (j) to read
71	64		as follows:
72	65		(a) The authority shall be governed by a board of directors
73	66		composed of seven [six] members. The members of the board shall be
74	67		appointed by the governor with the advice and consent of the senate.
75	68		One member of the board shall be appointed to represent the
76	69		authority at large. Two members of the board shall be appointed
77	70		from each of the following regions:
78	71		(1) Region 1: Bowie and Red River counties;
79	72		(2) Region 2: Cass, Franklin, Hunt, Morris, and Titus
80	73		counties; and
81	74		(3) Region 3: Delta, Hopkins, and Lamar counties.
82	75		(b) Each member of the board must be a qualified elector. A
83	76		member of the board appointed to represent a region under
84	77		Subsection (a) must be [and] a resident of a county in the region
85	78		for which the member [he] is appointed.
86	79		(c) Each [Except for the initial members of the board, each]
87	80		member of the board shall serve for a term of six years and until the
88	81		member's [his] successor has qualified. [Of the six initial
89	82		members appointed by the governor, the governor shall designate two
90	83		members to serve for terms that expire on February 1, 1987, two
91	84		members to serve for terms that expire on February 1, 1989, and two
92	85		members to serve for terms that expire on February 1, 1991.]
93	86		(i) The governor shall designate a member of the board as
94	87		the presiding officer of the board to serve in that capacity at the
95	88		pleasure of the governor.
96	89		(j) The board shall elect [a president,] one or more
97	90		vice-presidents, a secretary, a treasurer, and other officers as
98	91		the members of the board consider necessary. The presiding officer
99	92		[president] and vice-president must be members of the board, but
100	93		other officers are not required to be members of the board. The
101	94		offices of the secretary and treasurer may be combined, and the
102	95		offices of assistant secretary and assistant treasurer may be
103	96		combined.
104	97		SECTION 6. Chapter 3, Acts of the 69th Legislature, 1st
105	98		Called Session, 1985, is amended by adding Sections 6A and 6B to
106	99		read as follows:
107	100		Sec. 6A. BOARD MEMBER TRAINING. (a) A person who is
108	101		appointed to and qualifies for office as a member of the board may
109	102		not vote, deliberate, or be counted as a member in attendance at a
110	103		meeting of the board until the person completes a training program
111	104		that complies with this section.
112	105		(b) The training program must provide the person with
113	106		information regarding:
114	107		(1) the law governing authority operations;
115	108		(2) the programs, functions, rules, and budget of the
116	109		authority;
117	110		(3) the scope of and limitations on the rulemaking
118	111		authority of the authority;
119	112		(4) the results of the most recent formal audit of the
120	113		authority;
121	114		(5) the requirements of:
122	115		(A) laws relating to open meetings, public
123	116		information, administrative procedure, and disclosing conflicts of
124	117		interest; and
125	118		(B) other laws applicable to members of the
126	119		governing body of a river authority in performing their duties; and
127	120		(6) any applicable ethics policies adopted by the
128	121		board or the Texas Ethics Commission.
129	122		(c) A person appointed to the board is entitled to
130	123		reimbursement for the travel expenses incurred in attending the
131	124		training program regardless of whether the attendance at the
132	125		program occurs before or after the person qualifies for office.
133	126		(d) The board shall create a training manual that includes
134	127		the information required by Subsection (b). The board shall
135	128		distribute a copy of the training manual annually to each member of
136	129		the board. On receipt of the training manual, each member of the
137	130		board shall sign a statement acknowledging receipt of the training
138	131		manual.
139	132		Sec. 6B. USE OF ALTERNATIVE RULEMAKING AND DISPUTE
140	133		RESOLUTION. (a) The board shall develop a policy to encourage the
141	134		use of:
142	135		(1) negotiated rulemaking procedures under Chapter
143	136		2008, Government Code, for the adoption of authority rules; and
144	137		(2) appropriate alternative dispute resolution
145	138		procedures under Chapter 2009, Government Code, to assist in the
146	139		resolution of internal and external disputes under the authority's
147	140		jurisdiction.
148	141		(b) The authority's procedures relating to alternative
149	142		dispute resolution must conform, to the extent possible, to any
150	143		model guidelines issued by the State Office of Administrative
151	144		Hearings for the use of alternative dispute resolution by state
152	145		agencies.
153	146		(c) The authority shall:
154	147		(1) coordinate the implementation of the policy
155	148		adopted under Subsection (a);
156	149		(2) provide training as needed to implement the
157	150		procedures for negotiated rulemaking or alternative dispute
158	151		resolution; and
159	152		(3) collect data concerning the effectiveness of those
160	153		procedures.
161	154		SECTION 7. Section 8, Chapter 3, Acts of the 69th
162	155		Legislature, 1st Called Session, 1985, is amended by adding
163	156		Subsection (c) to read as follows:
164	157		(c) A director's compensation may be increased as
165	158		authorized by Section 49.060, Water Code, by resolution adopted by
166	159		the board in accordance with Subsection (e) of that section on or
167	160		after September 1, 1995.
168	161		SECTION 8. Chapter 3, Acts of the 69th Legislature, 1st
169	162		Called Session, 1985, is amended by adding Sections 10A and 13A to
170	163		read as follows:
171	164		Sec. 10A. SEPARATION OF POLICYMAKING AND MANAGEMENT
172	165		FUNCTIONS. The board shall develop and implement policies that
173	166		clearly separate the policymaking responsibilities of the board and
174	167		the management responsibilities of the executive director and staff
175	168		of the authority.
176	169		Sec. 13A. COMPLAINTS. (a) The authority shall maintain a
177	170		system to promptly and efficiently act on complaints filed with the
178	171		authority. The authority shall maintain information about parties
179	172		to the complaint, the subject matter of the complaint, a summary of
180	173		the results of the review or investigation of the complaint, and its
181	174		disposition.
182	175		(b) The authority shall make information available
183	176		describing its procedures for complaint investigation and
184	177		resolution.
185	178		(c) The authority shall periodically notify the complaint
186	179		parties of the status of the complaint until final disposition.
187	180		SECTION 9. Sections 17(b) and (d), Chapter 3, Acts of the
188	181		69th Legislature, 1st Called Session, 1985, are amended to read as
189	182		follows:
190	183		(b) The authority may exercise the powers of control and use
191	184		of the state's water in the manner and for the following purposes:
192	185		(1) to provide for the control and coordination of
193	186		water use in the basin as a unit;
194	187		(2) to provide by adequate organization and
195	188		administration for the preservation of the rights of the people of
196	189		the different sections of the basin in the beneficial use of water;
197	190		(3) to provide for conserving storm water, floodwater,
198	191		and unappropriated flow of the basin, including the storage,
199	192		control, transportation, treatment, and distribution of that
200	193		water, and the prevention of the escape of water without the maximum
201	194		of public service and for the prevention of devastation of land from
202	195		recurrent overflows, and the protection of life and property in the
203	196		river basin from uncontrolled floodwater;
204	197		(4) to provide for the conservation of water essential
205	198		for domestic and other water uses of the people of the basin,
206	199		including necessary water supplies for cities, towns, and
207	200		industrial districts;
208	201		(5) to provide for the irrigation of land in the basin
209	202		where irrigation is required for agricultural purposes or is
210	203		considered helpful to more profitable agricultural production and
211	204		for the equitable distribution of storm water, floodwater, and
212	205		unappropriated flow water to the regional potential requirements
213	206		for all uses;
214	207		(6) to provide for the encouragement and development
215	208		of drainage systems and provisions for drainage of land in the
216	209		valleys of the basin needing drainage for profitable agricultural
217	210		and livestock production and industrial activities, and other
218	211		drainage of land for the most advantageous use;
219	212		(7) to provide for the conservation of soil against
220	213		destructive erosion, thereby preventing the increased flood menace
221	214		incident to erosion;
222	215		(8) to control and make available for use storm water,
223	216		floodwater, and unappropriated flow water as authorized by the
224	217		commission, in the development of commercial and industrial
225	218		enterprises in all sections of the watershed area of the authority;
226	219		(9) [to provide for the control, storage, and use of
227	220		storm water, floodwater, and unappropriated flow water in the
228	221		development and distribution of hydroelectric power, where this use
229	222		may be economically coordinated with other and superior uses, and
230	223		subordinated to the uses declared by law to be superior;
231	224		[(10)] to provide for each purpose and use for which
232	225		storm water, floodwater, and unappropriated flow water when
233	226		controlled and conserved may be used in the performance of a useful
234	227		service as contemplated and authorized by the provisions of the
235	228		constitution and laws of this state;
236	229		(10) [(11)] to control, store, and preserve the water
237	230		of the basin inside the boundaries of the authority for any useful
238	231		purpose;
239	232		(11) [(12)] to use, distribute, and sell water for any
240	233		beneficial purpose inside and outside the authority; and
241	234		(12) [(13)] to acquire water and water rights inside
242	235		and outside the authority.
243	236		(d) The authority shall adopt and implement a program of
244	237		water conservation consistent with rules and criteria duly adopted
245	238		and enforceable by the commission and development board
246	239		[department] for similarly situated authorities. A program of
247	240		water conservation means the use of practices, techniques, and
248	241		technologies that will reduce the consumption of water, reduce the
249	242		loss or waste of water, improve efficiency in the use of water, or
250	243		increase the recycling and reuse of water so that a water supply is
251	244		made available for future uses.
252	245		SECTION 10. Sections 20 and 23, Chapter 3, Acts of the 69th
253	246		Legislature, 1st Called Session, 1985, are amended to read as
254	247		follows:
255	248		Sec. 20. WATER QUALITY CONTROL. The authority is a river
256	249		authority for the purposes and definitions of Chapter 30, Water
257	250		Code, and the Clean Air Financing Act (Article 4477-5a, Vernon's
258	251		Texas Civil Statutes)[, and the Solid Waste Resource Recovery
259	252		Financing Act (Article 4477-7a, Vernon's Texas Civil Statutes)] as
260	253		they apply to the authority. If a provision of the Clean Air
261	254		Financing Act [one of those Acts] conflicts with this Act, this Act
262	255		prevails.
263	256		Sec. 23. PERMITS AND LICENSES. (a) The authority shall
264	257		apply for any permits, licenses, [franchises,] and other grants of
265	258		authority required from the commission.
266	259		(b) The authority may apply for any permits, licenses,
267	260		[franchises,] and financial assistance it may need from [the
268	261		department or] any federal, state, or local governmental agency.
269	262		(c) Before voting on a proposed project for which the board
270	263		will seek a permit, the board shall obtain advice on the proposed
271	264		project from the county judge of each county in which the proposed
272	265		project is proposed to be located.
273	266		SECTION 11. Section 24(a), Chapter 3, Acts of the 69th
274	267		Legislature, 1st Called Session, 1985, is amended to read as
275	268		follows:
276	269		(a) The authority may enter into service contracts and may
277	270		adopt resolutions and orders establishing rates and providing for
278	271		the collection of fees and charges for the sale or use of water, the
279	272		services of water transmission, treatment, and storage facilities,
280	273		[solid and] liquid waste collection, treatment and disposal
281	274		facilities and services, [the use of park and recreational
282	275		facilities,] the sale of power and electric energy, and any other
283	276		services or facilities sold, furnished, or supplied by the
284	277		authority.
285	278		SECTION 12. Sections 29(b) and (c), Chapter 3, Acts of the
286	279		69th Legislature, 1st Called Session, 1985, are amended to read as
287	280		follows:
288	281		(b) Notwithstanding any other law, the authority may:
289	282		(1) undertake and carry out any activities that are
290	283		related to or necessary in carrying out or performing any power or
291	284		function of the authority;
292	285		(2) [,] enter into contracts, loan agreements, leases,
293	286		or installment sales agreements;[, and]
294	287		(3) acquire, purchase, construct, own, operate,
295	288		maintain, repair, improve, or extend, and loan, lease, sell, or
296	289		otherwise dispose of, including by such methods as loan payments,
297	290		rentals, sales, and installment sales, as the parties may agree,
298	291		any facilities, plants, buildings, structures, equipment, and
299	292		appliances and [,] property or any interest in property;[,] and
300	293		(4) use any or all money or proceeds of bonds and other
301	294		obligations. [This may be accomplished by such methods as loan
302	295		payments, rentals, sales, and installment sales.]
303	296		(c) All persons are authorized to contract with the
304	297		authority in any manner authorized by this Act, Chapter 30, Water
305	298		Code, and the Clean Air Financing Act (Article 4477-5a, Vernon's
306	299		Texas Civil Statutes)[, and the Solid Waste Resource Recovery
307	300		Financing Act (Article 4477-7a, Vernon's Texas Civil Statutes),]
308	301		with respect to water, waste, pollution control, or any other
309	302		facilities and any services provided by the authority. A public
310	303		agency also may enter into and execute such a contract with the
311	304		authority and may determine, agree, and pledge that all or any part
312	305		of its payments under the contract is payable from the source
313	306		described in Section 30.030(c), Water Code, subject only to the
314	307		authorization of the contract, pledge, and payments by the
315	308		governing body of the public agency. A public agency also may use
316	309		and pledge any other available revenues or resources for payment of
317	310		amounts due under those contracts, as an additional source or
318	311		sources of payment or as the sole source or sources of payment.
319	312		SECTION 13. Section 37, Chapter 3, Acts of the 69th
320	313		Legislature, 1st Called Session, 1985, is amended to read as
321	314		follows:
322	315		Sec. 37. WORK WITH DEVELOPMENT BOARD. (a) The authority
323	316		has and may exercise all the powers vested in political
324	317		subdivisions under Title 2, Water Code.
325	318		(b) The authority has and may exercise[, including] the
326	319		powers necessary to enable the authority to participate in the
327	320		programs administered by the development board [department] for the
328	321		acquisition and development of facilities, the sale or lease of
329	322		facilities, financial assistance to political subdivisions, and
330	323		other programs administered by the development board.
331	324		SECTION 14. The following sections of Chapter 3, Acts of the
332	325		69th Legislature, 1st Called Session, 1985, are repealed:
333	326		(1) Section 2(5);
334	327		(2) Section 18;
335	328		(3) Section 21; and
336	329		(4) Section 22.
337	330		SECTION 15. (a) The terms of the members of the board of
338	331		directors of the Sulphur River Basin Authority serving on the
339	332		effective date of this Act expire on September 1, 2017.
340	333		(b) Not later than September 2, 2017, the governor shall
341	334		make the appointments required by Section 6, Chapter 3, Acts of the
342	335		69th Legislature, 1st Called Session, 1985, as amended by this Act.
343	336		(c) Notwithstanding Section 6(c), Chapter 3, Acts of the
344	337		69th Legislature, 1st Called Session, 1985, as amended by this Act,
345	338		of the seven initial members appointed by the governor under that
346	339		section, the governor shall designate two members to serve for
347	340		terms that expire on February 1, 2019, two members to serve for
348	341		terms that expire on February 1, 2021, and three members to serve
349	342		for terms that expire on February 1, 2023.
350	343		(d) The governor may appoint to the board of directors under
351	344		Subsection (b) of this section a member whose term expires under
352	345		Subsection (a) of this section.
353	346		SECTION 16. (a) Notwithstanding Section 6A, Chapter 3,
354	347		Acts of the 69th Legislature, 1st Called Session, 1985, as added by
355	348		this Act, a person serving on the board of directors of the Sulphur
356	349		River Basin Authority may vote, deliberate, and be counted as a
357	350		director in attendance at a meeting of the board until December 1,
358	351		2017.
359	352		(b) This section expires January 1, 2018.
360	353		SECTION 17. (a) The legal notice of the intention to
361	354		introduce this Act, setting forth the general substance of this
362	355		Act, has been published as provided by law, and the notice and a
363	356		copy of this Act have been furnished to all persons, agencies,
364	357		officials, or entities to which they are required to be furnished
365	358		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
366	359		Government Code.
367	360		(b) The governor, one of the required recipients, has
368	361		submitted the notice and Act to the Texas Commission on
369	362		Environmental Quality.
370	363		(c) The Texas Commission on Environmental Quality has filed
371	364		its recommendations relating to this Act with the governor, the
372	365		lieutenant governor, and the speaker of the house of
373	366		representatives within the required time.
374	367		(d) All requirements of the constitution and laws of this
375	368		state and the rules and procedures of the legislature with respect
376	369		to the notice, introduction, and passage of this Act are fulfilled
377	370		and accomplished.
378	371		SECTION 18. This Act takes effect September 1, 2017.
379		-	* * * * *
	372	+	______________________________ ______________________________
	373	+	President of the Senate Speaker of the House
	374	+	I certify that H.B. No. 2180 was passed by the House on May 2,
	375	+	2017, by the following vote: Yeas 144, Nays 2, 1 present, not
	376	+	voting.
	377	+	______________________________
	378	+	Chief Clerk of the House
	379	+	I certify that H.B. No. 2180 was passed by the Senate on May
	380	+	19, 2017, by the following vote: Yeas 31, Nays 0.
	381	+	______________________________
	382	+	Secretary of the Senate
	383	+	APPROVED: _____________________
	384	+	Date
	385	+	_____________________
	386	+	Governor