By: Perry S.B. No. 2262
(In the Senate - Filed March 29, 2017; April 3, 2017, read
first time and referred to Committee on Agriculture, Water & Rural
Affairs; April 11, 2017, reported favorably by the following vote:
Yeas 7, Nays 0; April 11, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the dissolution of the Central Colorado River
Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Authority" means the Central Colorado River
Authority.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "County" means Coleman County.
SECTION 2. MEMORANDUM OF UNDERSTANDING; TRANSFER OF ASSETS.
(a) Not later than December 31, 2017, the authority and the county
shall enter into a memorandum of understanding that governs the
transfer of the following by the authority to the county:
(1) the authority's remaining financial assets, after
the discharge of any debts of the authority, in the form of cash,
investments, and proceeds from the sale of the authority's personal
property and real property, including lakes, reservoirs, dams,
water rights, and other real property related to the lakes,
reservoirs, or dams of the authority; and
(2) the authority's remaining personal property and
real property, including lakes, reservoirs, dams, water rights, and
other real property related to the lakes, reservoirs, or dams of the
authority in the event the property does not sell before December
31, 2018.
(b) The memorandum of understanding must include:
(1) a timeline for the sale of the authority's personal
property and real property, including the authority's lakes,
reservoirs, dams, water rights, and other real property related to
the lakes, reservoirs, or dams of the authority;
(2) the acts necessary to complete the sale of the
authority's lakes, reservoirs, dams, water rights, and other real
property related to the lakes, reservoirs, or dams of the authority
to third parties before December 31, 2018, in accordance with state
law governing the sale of property by a political subdivision of
this state, including Chapter 272, Local Government Code; and
(3) the acts necessary to complete the transfer of the
authority's lakes, reservoirs, dams, water rights, and other real
property related to the lakes, reservoirs, or dams of the authority
to the county in accordance with the rules of the commission, the
Water Code, and other applicable law, in the event the property does
not sell before December 31, 2018.
(c) Section 8505.107, Special District Local Laws Code,
does not apply to a transfer, sale, conveyance, or owner
disposition of personal or real property by the authority in
accordance with the memorandum of understanding entered into under
this section.
(d) Notwithstanding Section 81.032, Local Government Code,
the county may accept the donation of:
(1) the authority's financial assets, including cash,
investments, and proceeds from the sale of the authority's personal
property and real property, including lakes, reservoirs, dams,
water rights, and other real property related to the lakes,
reservoirs, or dams of the authority; and
(2) the authority's personal property and real
property, including lakes, reservoirs, dams, water rights, and
other real property related to the lakes, reservoirs, or dams of the
authority, in the event the property does not sell before December
31, 2018.
(e) Not later than December 31, 2018, all actions described
in the memorandum of understanding entered into under this section
must be completed.
SECTION 3. DISSOLUTION OF DISTRICT. After the completion
of the activities in the memorandum of understanding described by
Section 2 of this Act, the authority is dissolved.
SECTION 4. AMENDMENT. Section 325.025(b), Government Code,
is amended to read as follows:
(b) This section applies to the:
(1) Angelina and Neches River Authority;
(2) Bandera County River Authority and Groundwater
District;
(3) Brazos River Authority;
(4) [Central Colorado River Authority;
[(5)] Guadalupe-Blanco River Authority;
(5) [(6)] Lavaca-Navidad River Authority;
(6) [(7)] Lower Colorado River Authority;
(7) [(8)] Lower Neches Valley Authority;
(8) [(9)] Nueces River Authority;
(9) [(10)] Palo Duro River Authority of Texas;
(10) [(11)] Red River Authority of Texas;
(11) [(12)] Sabine River Authority of Texas;
(12) [(13)] San Antonio River Authority;
(13) [(14)] San Jacinto River Authority;
(14) [(15)] Sulphur River Basin Authority;
(15) [(16)] Trinity River Authority of Texas;
(16) [(17)] Upper Colorado River Authority; and
(17) [(18)] Upper Guadalupe River Authority.
SECTION 5. REPEALER. Chapter 8505, Special District Local
Laws Code, is repealed.
SECTION 6. NOTICE. (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. EFFECTIVE DATE. (a) Except as provided by
Subsection (b) of this section, this Act takes effect September 1,
2017.
(b) Sections 4 and 5 of this Act take effect January 1, 2019.
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