85R12381 SLB-F
By: Bell H.B. No. 4183
A BILL TO BE ENTITLED
AN ACT
relating to the administration of certain water districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49.105, Water Code, is amended by adding
Subsection (e) to read as follows:
(e) Not later than the 30th day after the date the
commission receives a request to appoint a director to fill a
vacancy under this section, the commission shall respond to the
request.
SECTION 2. Section 49.181, Water Code, is amended by
amending Subsection (f) and adding Subsections (i), (j), (k), (l),
(m), (n), (o), (p), (q), (r), (s), and (t) to read as follows:
(f) The commission shall determine whether the project to be
financed by the bonds is feasible and issue an order either
approving or disapproving, as appropriate, the issuance of the
bonds. The commission may not disapprove the issuance of bonds for
all or a portion of a project or require that the funding for all or
a portion of a project be escrowed on the basis that the
construction of the project is not complete at the time of the
commission's determination. The commission shall retain a copy of
the order and send a copy of the order to the district.
(i) In reviewing an engineer's report submitted with an
application for approval under this section, the commission shall
give deference to the professional opinions and determinations of
the licensed civil engineer who signed and sealed the application,
the engineer's report, or documents included in the application or
engineer's report.
(j) An application for the approval of bonds under this
section may include financing for payment of creation and
organization expenses. Expenses are creation and organization
expenses if the expenses were incurred through the date of the
canvassing of the confirmation election. A commission rule
regarding continuous construction periods or the length of time for
the payment of expenses during construction periods does not apply
to expenses described by this section.
(k) The commission shall issue a notice of deficiency before
issuing an order disapproving an application for expedited review
of the issuance of bonds. The commission shall issue the notice not
later than the 45th day after the date the application for expedited
review is considered administratively complete. A notice of
deficiency under this subsection must contain:
(1) a description of the deficiency;
(2) an explanation of the reasoning for the
disapproval; and
(3) a citation to the specific statute or rule that
supports the reasoning for the disapproval.
(l) The commission shall issue a notice of deficiency before
issuing an order disapproving the issuance of bonds to finance all
or a portion of a project. In the event that the commission fails to
issue the notice of deficiency, the commission may only disapprove
the issuance of bonds if the project financed fails to meet the
requirements for economic feasibility. The commission shall issue
the notice of deficiency:
(1) not later than the 90th day after the date the
application for approval is considered administratively complete
for an application for approval that qualifies for expedited review
under commission rule; or
(2) not later than the 45th day after the date the
application for approval is considered administratively complete
for an application for approval that does not qualify for expedited
review under commission rule.
(m) A notice of deficiency under Subsection (l) must
contain:
(1) a description of the deficiency;
(2) an explanation of the reasoning for the
disapproval; and
(3) a citation to the specific statute or rule that
authorizes the disapproval.
(n) A citation to this section or to 30 T.A.C. Section
293.43(6) is not sufficient for the purposes of Subsection (k) or
(m).
(o) The district may respond to a notice of deficiency
issued under Subsection (k) or (l) not later than the 10th day after
the date the district receives the notice.
(p) On receipt of a memorandum and draft order issued by the
commission recommending disapproval of the issuance of bonds to
finance all or a portion of a project, the district may:
(1) concur with all or part of the recommendations;
(2) respond to the recommendations; or
(3) dispute all or part of the recommendations.
(q) If the district disputes a portion of the recommendation
under Subsection (p), the commission shall provide for the escrow
of the funding for the disputed portion. This subsection does not
apply if the disputed portion of the financing would result in
noncompliance with the commission's rules regarding economic
feasibility.
(r) The commission shall approve an application to issue
bonds to finance the costs of spreading and compacting fill to
remove property from the 100-year floodplain made by a levee
improvement district.
(s) The commission shall approve an application to issue
bonds to finance the costs of spreading and compacting fill to
provide drainage that is made by a municipal utility district or a
district with the powers of a municipal utility district if the
costs are less than the cost of constructing or improving drainage
facilities.
(t) If a district is approved for the issuance of bonds by
the commission to use a certain return flow of wastewater, the
approval applies to subsequent authorizations unless the district
seeks approval to use a different return flow of wastewater.
SECTION 3. Section 49.273(i), Water Code, is amended to
read as follows:
(i) If changes in plans or specifications are necessary or
convenient, as determined by the board, after the performance of
the contract is begun, or if it is necessary or convenient, as
determined by the board, to decrease or increase the quantity of the
work to be performed or of the materials, equipment, or supplies to
be furnished, the board may approve change orders making the
changes. A change order may be outside the scope of the original
project. The board may grant authority to an official or employee
responsible for purchasing or for administering a contract to
approve a change order that involves an increase or decrease of
$50,000 or less. The aggregate of the change orders that [may not]
increase the original contract price by more than 25
percent[. Additional change orders] may be issued only as a result
of unanticipated conditions encountered during construction,
repair, or renovation or changes in regulatory criteria or to
facilitate project coordination with other political entities. A
change order is not subject to the requirements of Subsection (d) or
(e).
SECTION 4. 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, 2017.