85R27083 SLB-F
By: Bell H.B. No. 4183
Substitute the following for H.B. No. 4183:
By: Larson C.S.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 49.181, Water Code, is amended by
amending Subsection (f) and adding Subsections (i), (j), (k), and
(l) 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. If the commission determines that an application for the
approval of bonds complies with the requirements for financial
feasibility and the district submitting the application is not
required to comply with rules regarding project completion, 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 solely 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) 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.
(j) 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 if the application otherwise meets all
applicable requirements for bond applications.
(k) 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.
(l) 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 bond authorizations unless the
district seeks approval to use a different return flow of
wastewater.
SECTION 2. Section 49.273(i), Water Code, is amended to
read as follows:
(i) If changes in plans, [or] specifications, or scope of
work are necessary or beneficial to the district, as determined by
the board, after the performance of the contract is begun, or if it
is necessary or beneficial to the district, 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.
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 3. 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.