Texas 2017 - 85th Regular

Texas Senate Bill SB308 Compare Versions

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1	1	85R2250 TSR-D
2	2	By: Nichols, Taylor of Collin S.B. No. 308
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Sulphur River Basin Authority, following
8	8	recommendations of the Sunset Advisory Committee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1A(a), Chapter 3, Acts of the 69th
11	11	Legislature, 1st Called Session, 1985, is amended to read as
12	12	follows:
13	13	(a) The authority is subject to review under Chapter 325,
14	14	Government Code (Texas Sunset Act), but may not be abolished under
15	15	that chapter. The review shall be conducted under Section 325.025,
16	16	Government Code, as if the authority were a state agency scheduled
17	17	to be abolished September 1, 2029 [2017], and every 12th year after
18	18	that year.
19	19	SECTION 2. Section 2(11), Chapter 3, Acts of the 69th
20	20	Legislature, 1st Called Session, 1985, is amended to read as
21	21	follows:
22	22	(11) "Waste" means sewage, industrial waste,
23	23	municipal waste, recreational waste, agricultural waste, or waste
24	24	heat[, solid waste, or any other waste].
25	25	SECTION 3. Section 3(a), Chapter 3, Acts of the 69th
26	26	Legislature, 1st Called Session, 1985, is amended to read as
27	27	follows:
28	28	(a) The authority is composed of the territory in each
29	29	county in Texas, other than Fannin County, that is located in whole
30	30	or in part within the watershed of the Sulphur River and its
31	31	tributaries with confluences with the Sulphur River upstream from
32	32	the eastern boundary of Texas, as those watersheds and tributaries
33	33	are defined by maps now on file with the development board [Texas
34	34	Department of Water Resources].
35	35	SECTION 4. Section 4, Chapter 3, Acts of the 69th
36	36	Legislature, 1st Called Session, 1985, is amended to read as
37	37	follows:
38	38	Sec. 4. AUTHORITY PURPOSES. The purpose of this Act is to
39	39	authorize the authority to provide for the conservation and
40	40	development of the state's natural resources within the basin of
41	41	Sulphur River, including:
42	42	(1) the control, storage, preservation, and
43	43	distribution of the state's water for domestic and municipal uses,
44	44	industrial uses, irrigation, mining and recovery of minerals, stock
45	45	raising, underground water recharge, electric power generation,
46	46	navigation, [recreation and pleasure,] and other beneficial uses
47	47	and purposes;
48	48	(2) the reclamation and irrigation of land needing
49	49	irrigation;
50	50	(3) the reclamation and drainage of overflowed land
51	51	and other land needing drainage;
52	52	(4) the maintenance and enhancement of the quality of
53	53	the water;
54	54	(5) the conservation and development of the [forests,]
55	55	water[, and hydroelectric power];
56	56	(6) the navigation of inland water; and
57	57	(7) the provision of systems, facilities, and
58	58	procedures for the collection, transportation, handling,
59	59	treatment, and disposal of waste [of all types].
60	60	SECTION 5. Section 6, Chapter 3, Acts of the 69th
61	61	Legislature, 1st Called Session, 1985, is amended by amending
62	62	Subsections (a), (b), (c), and (i) and adding Subsections (j) and
63	63	(k) to read as follows:
64	64	(a) The authority shall be governed by a board of directors
65	65	composed of seven [six] members. The members of the board shall be
66	66	appointed by the governor with the advice and consent of the senate.
67	67	One member of the board shall be appointed to represent the
68	68	authority at large. Two members of the board shall be appointed
69	69	from each of the following regions:
70	70	(1) Region 1: Bowie and Red River counties;
71	71	(2) Region 2: Cass, Franklin, Hunt, Morris, and Titus
72	72	counties; and
73	73	(3) Region 3: Delta, Hopkins, and Lamar counties.
74	74	(b) Each member of the board must be a qualified elector. A
75	75	member of the board appointed to represent a region under
76	76	Subsection (a) must be [and] a resident of a county in the region
77	77	for which the member [he] is appointed.
78	78	(c) Each [Except for the initial members of the board, each]
79	79	member of the board shall serve for a term of six years and until the
80	80	member's [his] successor has qualified. [Of the six initial
81	81	members appointed by the governor, the governor shall designate two
82	82	members to serve for terms that expire on February 1, 1987, two
83	83	members to serve for terms that expire on February 1, 1989, and two
84	84	members to serve for terms that expire on February 1, 1991.]
85	85	(i) The governor shall designate a member of the board as
86	86	the presiding officer of the board to serve in that capacity at the
87	87	pleasure of the governor.
88	88	(j) The board shall elect [a president,] one or more
89	89	vice-presidents, a secretary, a treasurer, and other officers as
90	90	the members of the board consider necessary. The presiding officer
91	91	[president] and vice-president must be members of the board, but
92	92	other officers are not required to be members of the board. The
93	93	offices of the secretary and treasurer may be combined, and the
94	94	offices of assistant secretary and assistant treasurer may be
95	95	combined.
96	96	(k) A person appointed to the board on or before January 1,
97	97	2016, is not eligible for reappointment to the board. A person
98	98	appointed to the board after January 1, 2016, is eligible for
99	99	reappointment.
100	100	SECTION 6. Chapter 3, Acts of the 69th Legislature, 1st
101	101	Called Session, 1985, is amended by adding Sections 6A and 6B to
102	102	read as follows:
103	103	Sec. 6A. BOARD MEMBER TRAINING. (a) A person who is
104	104	appointed to and qualifies for office as a member of the board may
105	105	not vote, deliberate, or be counted as a member in attendance at a
106	106	meeting of the board until the person completes a training program
107	107	that complies with this section.
108	108	(b) The training program must provide the person with
109	109	information regarding:
110	110	(1) the law governing authority operations;
111	111	(2) the programs, functions, rules, and budget of the
112	112	authority;
113	113	(3) the scope of and limitations on the rulemaking
114	114	authority of the authority;
115	115	(4) the results of the most recent formal audit of the
116	116	authority;
117	117	(5) the requirements of:
118	118	(A) laws relating to open meetings, public
119	119	information, administrative procedure, and disclosing conflicts of
120	120	interest; and
121	121	(B) other laws applicable to members of the
122	122	governing body of a river authority in performing their duties; and
123	123	(6) any applicable ethics policies adopted by the
124	124	board or the Texas Ethics Commission.
125	125	(c) A person appointed to the board is entitled to
126	126	reimbursement for the travel expenses incurred in attending the
127	127	training program regardless of whether the attendance at the
128	128	program occurs before or after the person qualifies for office.
129	129	(d) The board shall create a training manual that includes
130	130	the information required by Subsection (b). The board shall
131	131	distribute a copy of the training manual annually to each member of
132	132	the board. On receipt of the training manual, each member of the
133	133	board shall sign a statement acknowledging receipt of the training
134	134	manual.
135	135	Sec. 6B. USE OF ALTERNATIVE RULEMAKING AND DISPUTE
136	136	RESOLUTION. (a) The board shall develop a policy to encourage the
137	137	use of:
138	138	(1) negotiated rulemaking procedures under Chapter
139	139	2008, Government Code, for the adoption of authority rules; and
140	140	(2) appropriate alternative dispute resolution
141	141	procedures under Chapter 2009, Government Code, to assist in the
142	142	resolution of internal and external disputes under the authority's
143	143	jurisdiction.
144	144	(b) The authority's procedures relating to alternative
145	145	dispute resolution must conform, to the extent possible, to any
146	146	model guidelines issued by the State Office of Administrative
147	147	Hearings for the use of alternative dispute resolution by state
148	148	agencies.
149	149	(c) The authority shall:
150	150	(1) coordinate the implementation of the policy
151	151	adopted under Subsection (a);
152	152	(2) provide training as needed to implement the
153	153	procedures for negotiated rulemaking or alternative dispute
154	154	resolution; and
155	155	(3) collect data concerning the effectiveness of those
156	156	procedures.
157	157	SECTION 7. Section 8, Chapter 3, Acts of the 69th
158	158	Legislature, 1st Called Session, 1985, is amended by adding
159	159	Subsection (c) to read as follows:
160	160	(c) A director's compensation may be increased as
161	161	authorized by Section 49.060, Water Code, by resolution adopted by
162	162	the board in accordance with Subsection (e) of that section on or
163	163	after September 1, 1995.
164	164	SECTION 8. Chapter 3, Acts of the 69th Legislature, 1st
165	165	Called Session, 1985, is amended by adding Sections 10A and 13A to
166	166	read as follows:
167	167	Sec. 10A. SEPARATION OF POLICYMAKING AND MANAGEMENT
168	168	FUNCTIONS. The board shall develop and implement policies that
169	169	clearly separate the policymaking responsibilities of the board and
170	170	the management responsibilities of the executive director and staff
171	171	of the authority.
172	172	Sec. 13A. COMPLAINTS. (a) The authority shall maintain a
173	173	system to promptly and efficiently act on complaints filed with the
174	174	authority. The authority shall maintain information about parties
175	175	to the complaint, the subject matter of the complaint, a summary of
176	176	the results of the review or investigation of the complaint, and its
177	177	disposition.
178	178	(b) The authority shall make information available
179	179	describing its procedures for complaint investigation and
180	180	resolution.
181	181	(c) The authority shall periodically notify the complaint
182	182	parties of the status of the complaint until final disposition.
183	183	SECTION 9. Sections 17(b) and (d), Chapter 3, Acts of the
184	184	69th Legislature, 1st Called Session, 1985, are amended to read as
185	185	follows:
186	186	(b) The authority may exercise the powers of control and use
187	187	of the state's water in the manner and for the following purposes:
188	188	(1) to provide for the control and coordination of
189	189	water use in the basin as a unit;
190	190	(2) to provide by adequate organization and
191	191	administration for the preservation of the rights of the people of
192	192	the different sections of the basin in the beneficial use of water;
193	193	(3) to provide for conserving storm water, floodwater,
194	194	and unappropriated flow of the basin, including the storage,
195	195	control, transportation, treatment, and distribution of that
196	196	water, and the prevention of the escape of water without the maximum
197	197	of public service and for the prevention of devastation of land from
198	198	recurrent overflows, and the protection of life and property in the
199	199	river basin from uncontrolled floodwater;
200	200	(4) to provide for the conservation of water essential
201	201	for domestic and other water uses of the people of the basin,
202	202	including necessary water supplies for cities, towns, and
203	203	industrial districts;
204	204	(5) to provide for the irrigation of land in the basin
205	205	where irrigation is required for agricultural purposes or is
206	206	considered helpful to more profitable agricultural production and
207	207	for the equitable distribution of storm water, floodwater, and
208	208	unappropriated flow water to the regional potential requirements
209	209	for all uses;
210	210	(6) to provide for the encouragement and development
211	211	of drainage systems and provisions for drainage of land in the
212	212	valleys of the basin needing drainage for profitable agricultural
213	213	and livestock production and industrial activities, and other
214	214	drainage of land for the most advantageous use;
215	215	(7) to provide for the conservation of soil against
216	216	destructive erosion, thereby preventing the increased flood menace
217	217	incident to erosion;
218	218	(8) to control and make available for use storm water,
219	219	floodwater, and unappropriated flow water as authorized by the
220	220	commission, in the development of commercial and industrial
221	221	enterprises in all sections of the watershed area of the authority;
222	222	(9) [to provide for the control, storage, and use of
223	223	storm water, floodwater, and unappropriated flow water in the
224	224	development and distribution of hydroelectric power, where this use
225	225	may be economically coordinated with other and superior uses, and
226	226	subordinated to the uses declared by law to be superior;
227	227	[(10)] to provide for each purpose and use for which
228	228	storm water, floodwater, and unappropriated flow water when
229	229	controlled and conserved may be used in the performance of a useful
230	230	service as contemplated and authorized by the provisions of the
231	231	constitution and laws of this state;
232	232	(10) [(11)] to control, store, and preserve the water
233	233	of the basin inside the boundaries of the authority for any useful
234	234	purpose;
235	235	(11) [(12)] to use, distribute, and sell water for any
236	236	beneficial purpose inside and outside the authority; and
237	237	(12) [(13)] to acquire water and water rights inside
238	238	and outside the authority.
239	239	(d) The authority shall adopt and implement a program of
240	240	water conservation consistent with rules and criteria duly adopted
241	241	and enforceable by the commission and development board
242	242	[department] for similarly situated authorities. A program of
243	243	water conservation means the use of practices, techniques, and
244	244	technologies that will reduce the consumption of water, reduce the
245	245	loss or waste of water, improve efficiency in the use of water, or
246	246	increase the recycling and reuse of water so that a water supply is
247	247	made available for future uses.
248	248	SECTION 10. Sections 20 and 23, Chapter 3, Acts of the 69th
249	249	Legislature, 1st Called Session, 1985, are amended to read as
250	250	follows:
251	251	Sec. 20. WATER QUALITY CONTROL. The authority is a river
252	252	authority for the purposes and definitions of Chapter 30, Water
253	253	Code, and the Clean Air Financing Act (Article 4477-5a, Vernon's
254	254	Texas Civil Statutes)[, and the Solid Waste Resource Recovery
255	255	Financing Act (Article 4477-7a, Vernon's Texas Civil Statutes)] as
256	256	they apply to the authority. If a provision of the Clean Air
257	257	Financing Act [one of those Acts] conflicts with this Act, this Act
258	258	prevails.
259	259	Sec. 23. PERMITS AND LICENSES. (a) The authority shall
260	260	apply for any permits, licenses, [franchises,] and other grants of
261	261	authority required from the commission.
262	262	(b) The authority may apply for any permits, licenses,
263	263	[franchises,] and financial assistance it may need from [the
264	264	department or] any federal, state, or local governmental agency.
265	265	(c) Before voting on a proposed project for which the board
266	266	will seek a permit, the board shall obtain advice on the proposed
267	267	project from the county judge of each county in which the proposed
268	268	project is proposed to be located.
269	269	SECTION 11. Section 24(a), Chapter 3, Acts of the 69th
270	270	Legislature, 1st Called Session, 1985, is amended to read as
271	271	follows:
272	272	(a) The authority may enter into service contracts and may
273	273	adopt resolutions and orders establishing rates and providing for
274	274	the collection of fees and charges for the sale or use of water, the
275	275	services of water transmission, treatment, and storage facilities,
276	276	[solid and] liquid waste collection, treatment and disposal
277	277	facilities and services, [the use of park and recreational
278	278	facilities,] the sale of power and electric energy, and any other
279	279	services or facilities sold, furnished, or supplied by the
280	280	authority.
281	281	SECTION 12. Sections 29(b) and (c), Chapter 3, Acts of the
282	282	69th Legislature, 1st Called Session, 1985, are amended to read as
283	283	follows:
284	284	(b) Notwithstanding any other law, the authority may:
285	285	(1) undertake and carry out any activities that are
286	286	related to or necessary in carrying out or performing any power or
287	287	function of the authority;
288	288	(2) [,] enter into contracts, loan agreements, leases,
289	289	or installment sales agreements;[, and]
290	290	(3) acquire, purchase, construct, own, operate,
291	291	maintain, repair, improve, or extend, and loan, lease, sell, or
292	292	otherwise dispose of, including by such methods as loan payments,
293	293	rentals, sales, and installment sales, as the parties may agree,
294	294	any facilities, plants, buildings, structures, equipment, and
295	295	appliances, property or any interest in property;[,] and
296	296	(4) use any or all money or proceeds of bonds and other
297	297	obligations. [This may be accomplished by such methods as loan
298	298	payments, rentals, sales, and installment sales.]
299	299	(c) All persons are authorized to contract with the
300	300	authority in any manner authorized by this Act, Chapter 30, Water
301	301	Code, and the Clean Air Financing Act (Article 4477-5a, Vernon's
302	302	Texas Civil Statutes)[, and the Solid Waste Resource Recovery
303	303	Financing Act (Article 4477-7a, Vernon's Texas Civil Statutes),]
304	304	with respect to water, waste, pollution control, or any other
305	305	facilities and any services provided by the authority. A public
306	306	agency also may enter into and execute such a contract with the
307	307	authority and may determine, agree, and pledge that all or any part
308	308	of its payments under the contract is payable from the source
309	309	described in Section 30.030(c), Water Code, subject only to the
310	310	authorization of the contract, pledge, and payments by the
311	311	governing body of the public agency. A public agency also may use
312	312	and pledge any other available revenues or resources for payment of
313	313	amounts due under those contracts, as an additional source or
314	314	sources of payment or as the sole source or sources of payment.
315	315	SECTION 13. Section 37, Chapter 3, Acts of the 69th
316	316	Legislature, 1st Called Session, 1985, is amended to read as
317	317	follows:
318	318	Sec. 37. WORK WITH DEVELOPMENT BOARD. (a) The authority
319	319	has and may exercise all the powers vested in political
320	320	subdivisions under Title 2, Water Code.
321	321	(b) The authority has and may exercise[, including] the
322	322	powers necessary to enable the authority to participate in the
323	323	programs administered by the development board [department] for the
324	324	acquisition and development of facilities, the sale or lease of
325	325	facilities, financial assistance to political subdivisions, and
326	326	other programs administered by the development board.
327	327	SECTION 14. The following sections of Chapter 3, Acts of the
328	328	69th Legislature, 1st Called Session, 1985, are repealed:
329	329	(1) Section 2(5);
330	330	(2) Section 18;
331	331	(3) Section 21; and
332	332	(4) Section 22.
333	333	SECTION 15. (a) The terms of the members of the board of
334	334	directors of the Sulphur River Basin Authority serving on the
335	335	effective date of this Act expire on September 1, 2017.
336	336	(b) Not later than September 2, 2017, the governor shall
337	337	make the appointments required by Section 6, Chapter 3, Acts of the
338	338	69th Legislature, 1st Called Session, 1985, as amended by this Act.
339	339	(c) Notwithstanding Section 6(c), Chapter 3, Acts of the
340	340	69th Legislature, 1st Called Session, 1985, as amended by this Act,
341	341	of the seven initial members appointed by the governor under that
342	342	section, the governor shall designate two members to serve for
343	343	terms that expire on February 1, 2019, two members to serve for
344	344	terms that expire on February 1, 2021, and three members to serve
345	345	for terms that expire on February 1, 2023.
346	346	SECTION 16. (a) Notwithstanding Section 6A, Chapter 3,
347	347	Acts of the 69th Legislature, 1st Called Session, 1985, as added by
348	348	this Act, a person serving on the board of directors of the Sulphur
349	349	River Basin Authority may vote, deliberate, and be counted as a
350	350	director in attendance at a meeting of the board until December 1,
351	351	2017.
352	352	(b) This section expires January 1, 2018.
353	353	SECTION 17. (a) The legal notice of the intention to
354	354	introduce this Act, setting forth the general substance of this
355	355	Act, has been published as provided by law, and the notice and a
356	356	copy of this Act have been furnished to all persons, agencies,
357	357	officials, or entities to which they are required to be furnished
358	358	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
359	359	Government Code.
360	360	(b) The governor, one of the required recipients, has
361	361	submitted the notice and Act to the Texas Commission on
362	362	Environmental Quality.
363	363	(c) The Texas Commission on Environmental Quality has filed
364	364	its recommendations relating to this Act with the governor, the
365	365	lieutenant governor, and the speaker of the house of
366	366	representatives within the required time.
367	367	(d) All requirements of the constitution and laws of this
368	368	state and the rules and procedures of the legislature with respect
369	369	to the notice, introduction, and passage of this Act are fulfilled
370	370	and accomplished.
371	371	SECTION 18. This Act takes effect September 1, 2017.