Texas 2017 - 85th Regular

Texas Senate Bill SB309 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R7373 SLB-D
2	2	By: Nichols, Taylor of Collin S.B. No. 309
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Palo Duro River Authority, following
8	8	recommendations of the Sunset Advisory Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, and 12,
11	11	Chapter 438, Acts of the 63rd Legislature, Regular Session, 1973,
12	12	are amended to read as follows:
13	13	Sec. 1. By virtue of Section 59, Article XVI of the
14	14	Constitution of the State of Texas, there is hereby created a
15	15	conservation and reclamation district to be known as "Palo Duro
16	16	Water District," [River Authority of Texas" (hereinafter sometimes
17	17	referred to as the "Authority")] which shall be a governmental
18	18	agency, a body politic and corporate, and a political subdivision
19	19	of this state.
20	20	Sec. 2. The district [Authority] hereby created and
21	21	established shall comprise all of the territory contained within
22	22	the Counties of Hansford and Moore and the City of Stinnett
23	23	[Ochiltree]. It is hereby found and determined that all of the land
24	24	thus included in the district [Authority] will be benefited by the
25	25	improvements to be acquired and constructed by the district
26	26	[Authority], and that the district [Authority] is created to serve
27	27	a public use and benefit.
28	28	Sec. 3. The district, inside or outside its boundaries,
29	29	[Authority within its limits] is hereby empowered: (a) to develop,
30	30	construct or purchase dams and reservoirs. The district
31	31	[Authority] is empowered to construct or to purchase all plants and
32	32	other facilities necessary or useful for the purpose of providing a
33	33	source of water supply and storing, processing such water and
34	34	transporting and distributing it for irrigation, livestock
35	35	raising, agricultural, municipal, domestic and industrial
36	36	purposes. The district [Authority] shall at all times have power to
37	37	develop or purchase additional sources of water and to improve,
38	38	enlarge and extend its water system. The district [Authority] is
39	39	also empowered to make contracts for the purchase of water; (b) in
40	40	order to preserve and protect the purity of the waters of the state
41	41	and of the district [Authority] and conserve and reclaim said
42	42	waters for beneficial use by the inhabitants of the district
43	43	[Authority], to provide all plants, works, facilities and
44	44	appliances incident to or helpful or necessary to the collection,
45	45	transportation, processing, disposal, and control of such waters
46	46	for agricultural, municipal, domestic, oil field flooding, mining
47	47	and industrial purposes; and (c) the district [Authority] is
48	48	empowered to impound, store, control and conserve the storm and
49	49	flood waters and the unappropriated flow waters [within the limits
50	50	of the Authority], including but not limited to the storm and flood
51	51	waters and unappropriated flow waters of Palo Duro Creek and Horse
52	52	Creek, [River and the tributaries thereof within and without its
53	53	watershed] by complying with the provisions of Chapter 1, Title
54	54	128, Revised Civil Statutes of Texas, as amended.
55	55	Sec. 5. No dam or other facilities for impounding water
56	56	shall be constructed until the plans therefor are approved by the
57	57	commission [Texas Water Rights Commission]. The district
58	58	[Authority] is not authorized to develop or otherwise acquire
59	59	underground sources of water. The district [Authority] may sell,
60	60	trade, or otherwise dispose of any real or personal property deemed
61	61	by the district [this Commission] not to be needed for district
62	62	[Authority] purposes, subject to the terms of any deed of trust or
63	63	other indenture [issued by the Commission].
64	64	Sec. 6. The district [Authority] is authorized to enter
65	65	into contracts with cities and others for supplying water to them.
66	66	The district [Authority] is also authorized to contract with any
67	67	city for the rental or leasing of, or for the operation of the water
68	68	production, water supply, and water filtration or purification [and
69	69	water supply] facilities of such city upon such consideration as
70	70	the district [Authority] and the city may agree. Any such contract
71	71	may be upon such terms and for such time as the parties may agree,
72	72	and it may provide that it shall continue in effect until bonds
73	73	specified therein and refunding bonds issued in lieu of such bonds
74	74	are paid.
75	75	Sec. 7. The district [Authority] is empowered to obtain
76	76	through appropriate hearings an appropriation permit or permits
77	77	from the commission [Texas Water Rights Commission], as provided in
78	78	Chapter 1 of Title 128, Revised Civil Statutes of 1925, as amended.
79	79	Thereafter such permit, either upon application of the district
80	80	[Authority] or at the will of the commission [Texas Water Rights
81	81	Commission], may be modified by the commission [said Commission]
82	82	after an appropriate hearing to increase or decrease the amount of
83	83	water which may be appropriated[,] and the amount which may be
84	84	stored by the district [Authority] to meet fluctuating demands.
85	85	On[, either upon] application by the district [Authority] or by its
86	86	own action the commission [Texas Water Rights Commission] shall
87	87	redetermine the maximum amount of water which the district
88	88	[Authority] may store in its reservoir and in making such
89	89	determination it shall consider the needs of the cities and others
90	90	that purchase water from the district [Authority].
91	91	Sec. 8. The district [Authority] is authorized to acquire
92	92	or construct within or without the boundaries of the district
93	93	[Authority,] a dam or dams and all works, plants and other
94	94	facilities necessary or useful for the purpose of impounding,
95	95	processing and transporting water to cities and others for
96	96	municipal, agricultural, domestic, industrial, oil field flooding,
97	97	and mining purposes. The size of the dam and reservoir shall be
98	98	determined by the board [Board of Directors], taking into
99	99	consideration probable future increases in water requirements, and
100	100	the size of the dam shall not be limited by the amount of water
101	101	initially authorized by the commission [Texas Water Commission] to
102	102	be impounded therein. [No dam or other facilities for impounding
103	103	water shall be constructed until the plans therefor are approved by
104	104	the Texas Department of Water Resources.]
105	105	Sec. 9. The district [Authority] is empowered to acquire
106	106	land within or without the boundaries of the district [Authority],
107	107	and to construct, lease or otherwise acquire all works, plants and
108	108	other facilities necessary or useful for the purpose of diverting,
109	109	further impounding or storing water, processing such water and
110	110	transporting it to cities and others for agricultural, municipal,
111	111	domestic, industrial, oil field flooding, and mining purposes.
112	112	Sec. 10. (a) For the purpose of carrying out any power or
113	113	authority conferred by this Act the district [Authority] shall have
114	114	the right to acquire by condemnation in the manner provided by Title
115	115	52, Revised Statutes, as amended, relating to eminent domain:
116	116	(1) the fee simple title to land and other property and
117	117	easements (including land needed for the reservoir and dam and
118	118	flood easements above the probable high water line around any such
119	119	reservoirs) within the boundaries of the district [Authority]; and
120	120	(2) the fee simple title to land and other property and
121	121	easements (except for land, other property, and easements to be
122	122	used for a dam or dams or facilities for the impoundment or storage
123	123	of water) outside the boundaries of the district [Authority].
124	124	(b) The district [Authority] is hereby declared to be a
125	125	municipal corporation within the meaning of Article 3268 of said
126	126	Title 52, except that the district [Authority] shall not have the
127	127	right to so condemn any property which may be owned by any other
128	128	political subdivision, city or town; provided, however, that as
129	129	against persons, firms and corporations, or receivers or trustees
130	130	thereof, who have the power of eminent domain, the fee title may not
131	131	be condemned, but the district [Authority] may condemn only an
132	132	easement. The amount of and character of interest in land, other
133	133	property and easements thus to be acquired shall be determined by
134	134	the board [Board of Directors].
135	135	Sec. 11. The district [Authority] herein created shall be
136	136	and it is hereby empowered to control, store, conserve, protect,
137	137	distribute and utilize the storm and flood waters within the area of
138	138	the district [Authority] for all useful purposes permitted by law;
139	139	also, to carry out flood prevention and control measures within the
140	140	district [Authority] and to prevent or aid in preventing damage to
141	141	the lands of the district [Authority] and the soil and fertility
142	142	thereof; to cooperate with all other districts, departments or
143	143	agencies of the State Government, or any agency, representative,
144	144	instrumentality or department of the United States Government; and
145	145	to receive and accept technical and financial assistance therefrom
146	146	in the accomplishment of the [said] purposes described by this
147	147	section. The district [said Authority] is further authorized and
148	148	empowered to purchase, construct, maintain, or in any other lawful
149	149	manner to acquire, provide and develop all works, facilities,
150	150	improvements, lands, easements and properties, which may be
151	151	necessary or useful in fulfilling the purposes of the district
152	152	[Authority] or any of them.
153	153	Sec. 12. The district [Authority] is authorized to acquire
154	154	water appropriation permits from owners of permits. The district
155	155	[Authority] is hereby empowered to lease or acquire rights in and to
156	156	storage and storage capacity in any reservoir constructed or to be
157	157	constructed by any person, firm, corporation or public agency or
158	158	from the United States Government or any of its agencies.
159	159	SECTION 2. Sections 13(a), (b), (c), and (d), Chapter 438,
160	160	Acts of the 63rd Legislature, Regular Session, 1973, are amended to
161	161	read as follows:
162	162	(a) The board [Board of Directors of the Authority] shall
163	163	have the power to adopt and promulgate all reasonable regulations
164	164	to secure, maintain, and preserve the sanitary condition of all
165	165	water in and to flow into any reservoir owned by the district,
166	166	[Authority] to prevent waste of water or the unauthorized use
167	167	thereof, and to regulate residence, hunting, fishing, boating and
168	168	camping, and all recreational and business privileges, along or
169	169	around any such reservoir, [or any] body of land, or easement owned
170	170	by the district [Authority].
171	171	(b) The district [Such Authority] may prescribe reasonable
172	172	penalties for the breach of any regulation of the district
173	173	[Authority], which penalties shall not exceed fines of more than
174	174	Two Hundred Dollars ($200.)[, or imprisonment for not more than
175	175	thirty (30) days, or may provide both such fine and such
176	176	imprisonment]. The penalties hereby authorized shall be in
177	177	addition to any other penalties provided by the laws of Texas and
178	178	may be enforced by complaints filed in the appropriate court of
179	179	jurisdiction, provided, however, that no rule or regulation which
180	180	provides a penalty for the violation thereof shall be in effect, as
181	181	to enforcement of the penalty, until five (5) days next after the
182	182	district [Authority] may have caused a substantive statement of the
183	183	particular rule or regulation and the penalty for the violation
184	184	thereof to be published, once a week for two (2) consecutive weeks
185	185	in the county in which such reservoir is situated, or in any county
186	186	in which it is partly situated. The substantive statement so to be
187	187	published shall be as condensed as is possible to afford an
188	188	intelligent direction of the mind to the act forbidden by the rule
189	189	or regulation; one (1) notice may embrace any number of
190	190	regulations; there must be embraced in the notice advice that
191	191	breach of the particular regulation, or regulations, will subject
192	192	the violator to the infliction of a penalty and there also shall be
193	193	included in the notice advice that the full text of the regulations
194	194	sought to be enforced is on file in the principal office of the
195	195	district [Authority], where the same may be read by any interested
196	196	person. Five (5) days after the second publication of the notice
197	197	hereby required, the advertised regulation shall be in effect, and
198	198	ignorance of any such regulation shall not constitute a defense to a
199	199	prosecution for the enforcement of a penalty and, the rules and
200	200	regulations authorized hereby, after the required publication,
201	201	shall judicially be known to the courts and shall be considered of a
202	202	nature like unto that of valid penal ordinance of a city of the
203	203	state.
204	204	(c) Any duly constituted peace officer, provided such
205	205	officers meet the Texas Law Officers minimum certification
206	206	requirements, shall have the power to make arrests when necessary
207	207	to prevent or abate the commission of any offense against the
208	208	regulations of the district [Authority], and against the laws of
209	209	the State of Texas, when any such offense or threatened offense
210	210	occurs upon any land, water or easement owned or controlled by the
211	211	district [Authority], or to make such arrest at any place, in case
212	212	of an offense involving injury or detriment to any property owned or
213	213	controlled by such district [Authority].
214	214	(d) Territory may be annexed to the district [Authority],
215	215	whether or not contiguous to the district [Authority], in the
216	216	following manner:
217	217	(1) A petition praying for such annexation signed by
218	218	fifty (50) or a majority, whichever number is smaller, of the
219	219	resident, qualified voters of the territory or of duly incorporated
220	220	cities or towns sought to be annexed shall be filed with the board.
221	221	The petition shall describe the territory to be annexed by metes and
222	222	bounds, or otherwise, unless such territory is the same as that
223	223	contained within the boundaries of such city or town, in which event
224	224	it shall be sufficient to state that the territory to be annexed is
225	225	that which is contained within the boundaries of such city or town.
226	226	(2) If the board [Board of Directors] finds that the
227	227	petition complies with and is signed by the number of qualified
228	228	persons required by Subdivision (1) of this subsection, that the
229	229	annexation would be to the best interest of the territory, city or
230	230	town, and the district [Authority], and that the district
231	231	[Authority] will be able to supply water, or cause water to be
232	232	supplied to the territory, city, or town, it shall adopt a
233	233	resolution stating the conditions, if any, under which such
234	234	territory, city, or town may be annexed to the district
235	235	[Authority], and shall fix a time and place when and where a hearing
236	236	shall be held by the board on the question of whether the territory,
237	237	city, or town sought to be annexed will be benefited by the
238	238	improvements, works, and facilities then owned or operated or
239	239	contemplated to be owned or operated by the district [Authority] or
240	240	by the other functions of the district [Authority]. Notice of the
241	241	adoption of such resolution stating the time and place of such
242	242	hearing shall be published one (1) time in a newspaper of general
243	243	circulation in the territory, city, or town sought to be annexed at
244	244	least ten (10) days prior to the date of such hearing. The notice
245	245	shall describe the territory in the same manner in which it is
246	246	required or permitted by this Act to be described in the petition.
247	247	All persons interested may appear at such hearing and offer
248	248	evidence for or against the proposed annexation. Such hearing may
249	249	proceed in such order and under such rules as may be prescribed by
250	250	said board, and the hearing may be recessed from time to time. If,
251	251	at the conclusion of the hearing, the board [Board of Directors]
252	252	finds that the property in such territory, city, or town will be
253	253	benefited by the present or contemplated improvements, works, or
254	254	facilities of the district [Authority], the board [Board of
255	255	Directors] shall adopt a resolution making a finding of such
256	256	benefit and calling an election in the territory, city, or town
257	257	proposed to be annexed stating therein the date of the election, the
258	258	place or places of holding the same, the proposition to be voted on,
259	259	and appointing a presiding judge for each voting place who shall
260	260	appoint the necessary assistant judges and clerks to assist in
261	261	holding the election.
262	262	Notice of such election shall be given by publishing a
263	263	substantial copy of the resolution calling the election one (1)
264	264	time in a newspaper of general circulation in the territory sought
265	265	to be annexed to the district [Authority] at least ten (10) days
266	266	before the date set for the election. Only constitutionally
267	267	qualified electors who reside in the territory, city, or town
268	268	sought to be annexed shall be qualified to vote in said election.
269	269	Returns of the result of said election shall be made to the board.
270	270	The board shall canvass the returns of the election and adopt a
271	271	resolution declaring the results thereof. If such resolution shows
272	272	that a majority of the votes cast are in favor of annexation, the
273	273	board shall by resolution annex said territory to the district
274	274	[Authority], and such annexation shall thereafter be incontestable
275	275	except in the manner and within the time for contesting the
276	276	elections under the Texas Election Code, as amended.
277	277	(3) The board [Board of Directors], in calling an
278	278	election on the proposition for annexation of territory, city, or
279	279	town, may include as a part of the same proposition or a separate
280	280	proposition for the assumption of its part of the tax-supported
281	281	bonds of the district [Authority] then outstanding and those
282	282	theretofore voted but not yet sold, and for the levy of an ad
283	283	valorem tax on taxable property in said territory along with the tax
284	284	in the rest of the district [Authority] for the payment thereof and
285	285	the levying of maintenance taxes permitted by Section 27 of this
286	286	Act, in which event the voting shall be restricted to
287	287	constitutionally qualified electors. If such election fails, the
288	288	annexed territory, city, or town shall be excluded from the
289	289	district [Authority].
290	290	SECTION 3. Sections 14, 15, 16, 17, 18, and 19, Chapter 438,
291	291	Acts of the 63rd Legislature, Regular Session, 1973, are amended to
292	292	read as follows:
293	293	Sec. 14. The district [Authority] is authorized to
294	294	establish or otherwise provide for public parks and recreation
295	295	facilities, and to acquire land for such purposes within the
296	296	district [Authority].
297	297	Sec. 15. In the event that the district [Authority], in the
298	298	exercise of the power of eminent domain or power of relocation, or
299	299	any other power granted hereunder, makes necessary the relocation,
300	300	raising, rerouting or changing the grade of, or altering the
301	301	construction of any highway, railroad, electric transmission line,
302	302	telephone or telegraph properties and facilities, or pipeline, all
303	303	such necessary relocation, raising, rerouting, changing of grade or
304	304	alteration of construction shall be accomplished at the sole
305	305	expense of the district [Authority].
306	306	Sec. 16. It shall not be necessary for the board [Board of
307	307	Directors] to call a confirmation election or to hold a hearing on
308	308	the exclusion of lands or a hearing on the adoption of a plan of
309	309	taxation, but the ad valorem plan of taxation shall be used by the
310	310	district [Authority].
311	311	Sec. 17. (a) All powers of the district [Authority] shall
312	312	be exercised by the board. Each director of the board [a Board of
313	313	Directors (sometimes herein referred to as the "Board"), each of
314	314	whom] shall serve staggered, two-year terms that expire on December
315	315	31 of each year. [for a term of two (2) years except for the
316	316	directors appointed by this Act. The following directors are hereby
317	317	appointed:
318	318	[DIRECTOR RESIDENCE TERM EXPIRING [DIRECTOR RESIDENCE TERM EXPIRING
319	319	[DIRECTOR RESIDENCE TERM EXPIRING
320	320	[Dee Jackson Spearman, Hansford County, Texas December 31, 1973 [Dee Jackson Spearman, Hansford County, Texas December 31, 1973
321	321	[Dee Jackson Spearman, Hansford County, Texas December 31, 1973
322	322	[N. F. (Gus) Renner Spearman, Hansford County, Texas December 31, 1974 [N. F. (Gus) Renner Spearman, Hansford County, Texas December 31, 1974
323	323	[N. F. (Gus) Renner Spearman, Hansford County, Texas December 31, 1974
324	324	[Robert V. Skinner Spearman, Hansford County, Texas December 31, 1973 [Robert V. Skinner Spearman, Hansford County, Texas December 31, 1973
325	325	[Robert V. Skinner Spearman, Hansford County, Texas December 31, 1973
326	326	[Bill Logsdon Gruver, Hansford County, Texas December 31, 1974 [Bill Logsdon Gruver, Hansford County, Texas December 31, 1974
327	327	[Bill Logsdon Gruver, Hansford County, Texas December 31, 1974
328	328	[Bob Urban Perryton, Ochiltree County, Texas December 31, 1973 [Bob Urban Perryton, Ochiltree County, Texas December 31, 1973
329	329	[Bob Urban Perryton, Ochiltree County, Texas December 31, 1973
330	330	[Delbert Timmons Perryton, Ochiltree County, Texas December 31, 1974 [Delbert Timmons Perryton, Ochiltree County, Texas December 31, 1974
331	331	[Delbert Timmons Perryton, Ochiltree County, Texas December 31, 1974
332	332	[Jerry Garrison Perryton, Ochiltree County, Texas December 31, 1973 [Jerry Garrison Perryton, Ochiltree County, Texas December 31, 1973
333	333	[Jerry Garrison Perryton, Ochiltree County, Texas December 31, 1973
334	334	[Robert D. Lemon Perryton, Ochiltree County, Texas December 31, 1974] [Robert D. Lemon Perryton, Ochiltree County, Texas December 31, 1974]
335	335	[Robert D. Lemon Perryton, Ochiltree County, Texas December 31, 1974]
336	336	(b) In [December of 1973 and in] December of each year,
337	337	[hereafter] the Commissioners Court of each county contained in the
338	338	district, except for Hutchinson County, and the city council of the
339	339	City of Stinnett [Authority] shall appoint a director or directors
340	340	[from such county] whose term or terms are about to expire. Any
341	341	vacancy shall be filled for the unexpired term by the governing body
342	342	of the appropriate county or city. Four (4) directors [members of
343	343	the Board of Directors] shall be appointed by the Commissioners
344	344	Court of each county contained in the district, except for
345	345	Hutchinson County, and one director shall be appointed by the city
346	346	council of the City of Stinnett. Each [Authority, and each]
347	347	director shall reside in the county from which the director [he] is
348	348	appointed.
349	349	(c) Each director shall serve for the director's [his] term
350	350	of office as herein provided, and thereafter until the director's
351	351	[his] successor shall be appointed and qualified. No person shall
352	352	be appointed a director unless the person [he] resides in and owns
353	353	taxable property in the county or city from which the person [he] is
354	354	appointed. No member of a governing body of a county or the City of
355	355	Stinnett, and no employee of a county or the City of Stinnett shall
356	356	be appointed as director. Such directors shall subscribe the
357	357	Constitutional oath of office, and each shall give bond for the
358	358	faithful performance of the director's [his] duties in the amount
359	359	of Five Thousand Dollars ($5,000.), the cost of which shall be paid
360	360	by the district [Authority]. A majority shall constitute a quorum.
361	361	If any director moves from the county or city from which the
362	362	director [he] is appointed or otherwise ceases to be a director, the
363	363	Commissioners Court of such county or the city council of the City
364	364	of Stinnett, as appropriate, shall appoint a director to succeed in
365	365	the position [him,] for the unexpired term.
366	366	(d) Unless the board by resolution increases the fee to an
367	367	amount authorized by Section 49.060, Water Code, each [Each]
368	368	director shall receive a fee of not to exceed Twenty-Five Dollars
369	369	($25.) for attending each meeting of the board [Board], provided
370	370	that no more than Fifty Dollars ($50.) shall be paid to any director
371	371	for meetings held in any one (1) calendar month. Each director
372	372	shall also be entitled to receive not to exceed Twenty-Five Dollars
373	373	($25.) per day devoted to the business of the district [Authority]
374	374	and to reimbursement for actual expenses incurred in attending to
375	375	district [Authority] business provided that such service and
376	376	expense are expressly approved by the board [Board].
377	377	Sec. 18. The board [Board of Directors] shall elect from its
378	378	number a president and a vice president of the district
379	379	[Authority], and such other officers as in the judgment of the board
380	380	[Board] are necessary. The president shall be the chief executive
381	381	officer of the district [Authority] and the presiding officer of
382	382	the board [Board], and shall have the same right to vote as any
383	383	other director. The vice president shall perform all duties and
384	384	exercise all powers conferred by this Act upon the president when
385	385	the president is absent or fails or declines to act except the
386	386	president's right to vote. The board [Board] shall also appoint a
387	387	secretary and a treasurer who may or may not be members of the board
388	388	[Board], and it may combine those offices. The treasurer shall give
389	389	bond in such amount as may be required by the board [Board of
390	390	Directors]. The condition of such bond shall be that the treasurer
391	391	[he] will faithfully account for all money which shall come into the
392	392	treasurer's [his] custody as treasurer of the district [Authority],
393	393	and the board [Board] may adopt a seal for the district [Authority].
394	394	Sec. 19. The board [Board of Directors], from time to time,
395	395	shall be authorized to make or cause to be made surveys and
396	396	engineering investigations for the information of the district
397	397	[Authority] to facilitate the accomplishment of the purposes for
398	398	which the district [Authority] is created; and may employ a general
399	399	manager, attorneys, accountants, engineers, or other technical or
400	400	nontechnical employees or assistants; fix the amount and manner of
401	401	their compensation; and may provide for the payment of expenditures
402	402	deemed essential to the proper maintenance of the district
403	403	[Authority] and its affairs. The power to employ and discharge
404	404	employees may be conferred upon the general manager.
405	405	SECTION 4. Sections 20(a), (b), (d), (e), (f), (g), (h), and
406	406	(i), Chapter 438, Acts of the 63rd Legislature, Regular Session,
407	407	1973, are amended to read as follows:
408	408	(a) For the purpose of providing a source of water supply
409	409	for cities and other users for agricultural, municipal, domestic,
410	410	industrial, oil field flooding, and mining purposes, as authorized
411	411	by this Act, and for the purpose of carrying out any other power or
412	412	authority conferred by this Act, the district [Authority] is
413	413	empowered to issue its negotiable bonds to be payable from revenues
414	414	or taxes or both revenues and taxes of the district [Authority] as
415	415	are pledged by resolution of the board [Board of Directors].
416	416	Pending the issuance of definitive bonds the board [Board] may
417	417	authorize the delivery of negotiable interim bonds or notes,
418	418	eligible for exchange or substitution by use of the definitive
419	419	bonds.
420	420	(b) Such bonds shall be authorized by resolution of the
421	421	board [Board of Directors] and shall be issued in the name of the
422	422	district [Authority], signed by the president or vice president,
423	423	attested by the secretary and shall bear the seal of the district
424	424	[Authority]. It is provided, however, that the signatures of the
425	425	president or of the secretary or of both may be printed or
426	426	lithographed on the bonds if authorized by the board [Board of
427	427	Directors], and that the seal of the district [Authority] may be
428	428	impressed on the bonds or may be printed or lithographed thereon.
429	429	The bonds shall mature serially or otherwise in not to exceed forty
430	430	(40) years and may be sold at a price and under terms determined by
431	431	the board [Board of Directors] to be the most advantageous
432	432	reasonably obtainable[, provided that the interest cost to the
433	433	Authority, including the discount, if any, shall bear interest at
434	434	any rate per annum permitted by the Constitution and laws of the
435	435	State as shall be determined by the Board of Directors,] and within
436	436	the discretion of the board [Board] may be made callable prior to
437	437	maturity at such times and prices as may be prescribed in the
438	438	resolution authorizing the bonds, and may be made registrable as to
439	439	principal or as to both principal and interest.
440	440	(d) The bonds may be secured by a pledge of all or part of
441	441	the net revenue of the district [Authority], or by the net revenues
442	442	of any one (1) or more contracts theretofore or thereafter made or
443	443	other revenue or income specified by resolution of the board [Board
444	444	of Directors] or in the trust indenture. Any such pledge may
445	445	reserve the right, under conditions therein specified, to issue
446	446	additional bonds which will be on a parity with or subordinate to
447	447	the bonds then being issued. The term "net revenues" as used in
448	448	this Section shall mean the gross revenues and income of the
449	449	district [Authority] from all sources after deduction of the amount
450	450	necessary to pay the cost of maintaining and operating the district
451	451	[Authority] and its properties.
452	452	(e) The district [Authority] is also empowered to issue
453	453	bonds payable from ad valorem taxes to be levied on all taxable
454	454	property therein, or to issue bonds secured by and payable from both
455	455	such taxes and the revenues of the district [Authority]. Where
456	456	bonds are issued payable wholly or partially from ad valorem taxes,
457	457	it shall be the duty of the board [Board of Directors] to levy a tax
458	458	sufficient to pay the bonds and the interest thereon as such bonds
459	459	and interest become due without limit as to the rate or the amount,
460	460	but the rate of the tax for any year may be fixed after giving
461	461	consideration to the money received from the pledged revenues which
462	462	may be available for payment of principal and interest to the extent
463	463	and in the manner permitted by the resolution authorizing the
464	464	issuance of the bonds.
465	465	(f) Where bonds payable wholly from revenues are issued, it
466	466	shall be the duty of the board [Board of Directors] to fix, and from
467	467	time to time to revise, the rates of compensation for water sold and
468	468	services rendered by the district [Authority] which will be
469	469	sufficient to pay the expense of operating and maintaining the
470	470	facilities of the district [Authority] and to pay the bonds as they
471	471	mature and the interest as it accrues and to maintain the reserve
472	472	and other funds as provided in the resolution authorizing the
473	473	bonds. Where bonds payable partially from revenues are issued it
474	474	shall be the duty of the board [Board] to fix, and from time to time
475	475	to revise, the rate of compensation for water sold and services
476	476	rendered by the district [Authority] which will be sufficient to
477	477	assure compliance with the resolution authorizing the bonds.
478	478	(g) From the proceeds from the sale of the bonds, the
479	479	district [Authority] may set aside an amount for the payment of
480	480	interest expected to accrue during construction and a reserve
481	481	interest and sinking fund, and such provision may be made in the
482	482	resolution authorizing the bonds. Proceeds from the sale of the
483	483	bonds may also be used for the payment of all expenses necessarily
484	484	incurred in accomplishing the purpose for which this district
485	485	[Authority] is created, including expenses of issuing and selling
486	486	the bonds. The proceeds from the sale of the bonds may be
487	487	temporarily invested in direct obligations of the United States
488	488	Government maturing in not more than one (1) year from the date of
489	489	investment.
490	490	(h) In the event of a default or a threatened default in the
491	491	payment of principal or of interest on bonds payable wholly or
492	492	partially from revenues, any court of competent jurisdiction may,
493	493	upon petition of the holders of outstanding bonds, appoint a
494	494	receiver with authority to collect and receive all income of the
495	495	district [Authority] except taxes, employ and discharge agents and
496	496	employees of the district [Authority], take charge of funds on hand
497	497	(except funds received from taxes unless commingled) and manage the
498	498	proprietary affairs of the district [Attorney] without consent or
499	499	hindrance by the directors [Directors]. Such receiver may also be
500	500	authorized to sell or make contracts for the sale of water or renew
501	501	such contracts with the approval of the court appointing him. The
502	502	court may vest the receiver with such other powers and duties as the
503	503	court may find necessary for the protection of the holders of the
504	504	bonds. The resolution authorizing the issuance of the bonds or the
505	505	trust indenture securing the bonds [them] may limit or qualify the
506	506	rights of the holders of less than all of the outstanding bonds
507	507	payable from the same source to institute or prosecute any
508	508	litigation affecting the district's [Authority's] property or
509	509	income.
510	510	(i) Before the district [Authority] shall issue any bonds
511	511	for improvements authorized herein, it shall secure prior approval
512	512	from the commission [Texas Water Rights Commission] in the manner
513	513	provided by Section 51.421, Texas Water Code.
514	514	SECTION 5. Sections 21 and 22, Chapter 438, Acts of the 63rd
515	515	Legislature, Regular Session, 1973, are amended to read as follows:
516	516	Sec. 21. The district [Authority] is authorized to issue
517	517	refunding bonds for the purpose of refunding any outstanding bonds
518	518	authorized by this Act and interest thereon. Such refunding bonds
519	519	may be issued to refund more than one (1) series of outstanding
520	520	bonds and combine the pledges for the outstanding bonds for the
521	521	security of the refunding bonds, and may be secured by other or
522	522	additional revenues and mortgage liens. The provisions of this law
523	523	with reference to the issuance by the district [Authority] of other
524	524	bonds, their security, and their approval by the Attorney General
525	525	and the remedies of the holders shall be applicable to refunding
526	526	bonds. Refunding bonds shall be registered by the Comptroller upon
527	527	surrender and cancellation of the bonds to be refunded, but in lieu
528	528	thereof, the resolution authorizing their issuance may provide that
529	529	they shall be sold and the proceeds thereof deposited in the bank
530	530	where the original bonds are payable, in which case the refunding
531	531	bonds may be issued in an amount sufficient to pay the principal of
532	532	and the interest on the original bonds to their option date or
533	533	maturity date, and the Comptroller shall register them without
534	534	concurrent surrender and cancellation of the original bonds.
535	535	Sec. 22. Any bonds (including refunding bonds) authorized
536	536	by this law, not payable wholly from ad valorem taxes, may be
537	537	additionally secured by a trust indenture under which the Trustee
538	538	may be a bank having trust powers situated either within or outside
539	539	of the State of Texas. Such bonds, within the discretion of the
540	540	board [Board of Directors], may be additionally secured by a deed of
541	541	trust or mortgage lien upon physical properties of the district
542	542	[Authority] and all franchises, easements, water rights and
543	543	appropriation permits, leases and contracts and all rights
544	544	appurtenant to such properties vesting in the trustee power to sell
545	545	the properties for the payment of the indebtedness, power to
546	546	operate the properties and all other powers and authority for the
547	547	further security of the bonds. Such trust indenture, regardless of
548	548	the existence of the deed of trust or mortgage lien on the
549	549	properties may contain any provisions prescribed by the board
550	550	[Board of Directors] for the security of the bonds and the
551	551	preservation of the trust estate, and may make provision for
552	552	amendment or modification thereof and the issuance of bonds to
553	553	replace lost or mutilated bonds, and may condition the right to
554	554	expend district [Authority] money or sell district [Authority]
555	555	property upon approval of a registered professional engineer
556	556	selected as provided therein, and may make provision for the
557	557	investment of funds of the district [Authority]. Any purchaser
558	558	under a sale under the deed of trust lien, where one is given, shall
559	559	be the absolute owner of the properties, facilities and rights so
560	560	purchased and shall have the right to maintain and operate the same.
561	561	SECTION 6. Sections 23(a), (b), and (c), Chapter 438, Acts
562	562	of the 63rd Legislature, Regular Session, 1973, are amended to read
563	563	as follows:
564	564	(a) No bonds payable wholly or partially from ad valorem
565	565	taxes (except refunding bonds) shall be issued unless authorized by
566	566	a majority vote of the constitutionally qualified electors voting
567	567	at such election. [No territory shall be detached from the
568	568	Authority after the issuance of bonds which are payable from
569	569	revenues or taxes or both.] Bonds not payable wholly or partially
570	570	from ad valorem taxes may be issued without an election.
571	571	(b) Such election may be called by the board [Board of
572	572	Directors] without a petition. The resolution calling the election
573	573	shall specify the time and places of holding the same, the purpose
574	574	for which the bonds are to be issued, the maximum amount thereof,
575	575	the maximum maturity thereof, the form of the ballot, and the
576	576	presiding judge for each voting place. The presiding judge serving
577	577	at each voting place shall appoint one (1) assistant judge and at
578	578	least two (2) clerks to assist in holding such election. Notice of
579	579	the election shall be given by publishing a substantial copy
580	580	thereof in one (1) newspaper published in each city contained in the
581	581	district [Authority] for two (2) consecutive weeks. The first
582	582	publication shall be at least twenty-one (21) days prior to the
583	583	election. In any city in which no newspaper is published, notice
584	584	shall be given by posting a copy of the resolution in three (3)
585	585	public places.
586	586	(c) The returns of the election shall be made to and
587	587	canvassed by the board [Board of Directors of the Authority].
588	588	SECTION 7. Sections 24, 25, 26, and 27, Chapter 438, Acts of
589	589	the 63rd Legislature, Regular Session, 1973, are amended to read as
590	590	follows:
591	591	Sec. 24. After any bonds (including refunding bonds) are
592	592	authorized by the district [Authority], such bonds and the record
593	593	relating to their issuance shall be submitted to the Attorney
594	594	General for [his] examination as to the validity thereof. Where
595	595	such bonds recite that they are secured by a pledge of the proceeds
596	596	of a contract theretofore made between the district [Authority] and
597	597	any city or other governmental agency, authority or district, a
598	598	copy of such contract and the proceedings of the city or other
599	599	governmental agency, authority or district authorizing such
600	600	contract shall also be submitted to the Attorney General. If such
601	601	bonds have been authorized and if such contracts have been made in
602	602	accordance with the Constitution and laws of the State of Texas he
603	603	shall approve the bonds and such contracts and the bonds then shall
604	604	be registered by the Comptroller of Public Accounts. Thereafter
605	605	the bonds, and the contracts, if any, shall be valid and binding and
606	606	shall be incontestable for any cause.
607	607	Sec. 25. All bonds of the district [Authority] shall be and
608	608	are hereby declared to be legal and authorized investments for
609	609	banks, savings banks, trust companies, building and loan
610	610	association, savings and loan association, insurance companies,
611	611	fiduciaries, trustees, guardians, and for the sinking fund of
612	612	cities, towns, villages, counties, school districts, or other
613	613	political corporations or subdivisions of the State of Texas. Such
614	614	bonds shall be eligible to secure the deposit of any and all public
615	615	funds of the State of Texas, and any and all public funds of cities,
616	616	towns, villages, counties, school districts, or other political
617	617	corporations or subdivision of the State of Texas; and such bonds
618	618	shall be lawful and sufficient security for said deposits to the
619	619	extent of their value, when accompanied by all unmatured coupons
620	620	appurtenant thereto.
621	621	Sec. 26. The accomplishment of the purposes stated in this
622	622	Act is for the benefit of the people of this state and for the
623	623	improvement of their properties and industries, and the district
624	624	[Authority], in carrying out the purposes of this Act will be
625	625	performing an essential public function under the Constitution.
626	626	The district [Authority] shall not be required to pay any tax or
627	627	assessment on the project or any part thereof, and the bonds issued
628	628	hereunder and their transfer and the income therefrom, including
629	629	the profits made on the sale thereof, shall at all times be free
630	630	from taxation within this state.
631	631	Sec. 27. The district [Authority] may upon a favorable
632	632	majority vote of the qualified property taxpaying electors of the
633	633	district [Authority,] voting at an election held within the
634	634	boundaries of the district [Authority] for that purpose, levy,
635	635	assess and collect annual taxes to provide funds necessary to
636	636	construct or acquire, maintain and operate dams, works, plants and
637	637	facilities deemed essential or beneficial to the district
638	638	[Authority] and its purposes, and also when so authorized may levy,
639	639	assess and collect annual taxes as provided by the Tax Code to
640	640	provide funds adequate to defray the cost of the maintenance,
641	641	operation and administration of the district [Authority];
642	642	provided, however, that the district [Authority] shall not have the
643	643	power to levy or collect a tax for the maintenance, operation, and
644	644	administration of the district [Authority] which exceeds fifty
645	645	cents (50¢) on the One Hundred Dollars ($100) assessed valuation on
646	646	the property subject to taxation. Elections for the levy of such
647	647	taxes shall be ordered by the board [Board of Directors] and shall
648	648	be held and conducted in the manner provided by this law relating to
649	649	elections for the authorization of bonds. The board [Board of
650	650	Directors] shall designate such polling places as they deem fitting
651	651	and proper. [All taxes levied by the Authority for any purpose
652	652	shall constitute a lien on the property against which levied and
653	653	shall not bar the enforcement or collection thereof.]
654	654	SECTION 8. Sections 28(a), (b), (d), (e), (f), and (h),
655	655	Chapter 438, Acts of the 63rd Legislature, Regular Session, 1973,
656	656	are amended to read as follows:
657	657	(a) The tax rolls of the counties situated within the
658	658	district [Authority,] are hereby adopted and shall constitute the
659	659	tax rolls of the district [Authority,] until assessment and tax
660	660	rolls shall be made by the district [Authority].
661	661	(b) If the district [Authority] issues and delivers bonds
662	662	which are payable wholly or partially from ad valorem taxes, or
663	663	votes the taxes as provided in Section 27 [of the Authority's Act],
664	664	the board annually shall cause the taxable property in the district
665	665	[Authority] to be rendered and assessed for ad valorem taxation,
666	666	and the value of such taxable property to be equalized, and the ad
667	667	valorem taxes in the district [Authority] to be collected, in
668	668	accordance with any of the methods set forth in this section, and
669	669	any method adopted shall remain in effect until changed by the
670	670	board.
671	671	(d) The laws of this State applicable to counties may be
672	672	adopted and shall be used to the extent pertinent and practicable,
673	673	provided that the board shall have the authority to act as its own
674	674	board of equalization or to appoint three resident, qualified
675	675	electors of the district [Authority] who own taxable property
676	676	therein to act as the board of equalization of the district
677	677	[Authority], and in either case the board of equalization shall
678	678	qualify and perform the duties prescribed by law for county
679	679	commissioners courts acting as boards of equalization.
680	680	(e) The board shall be authorized to have the taxable
681	681	property in the district [Authority] assessed, its values
682	682	equalized, and/or its taxes collected, in whole or in part, by the
683	683	tax assessors, board of equalization, and/or tax collectors,
684	684	respectively, of any county, city, taxing district, or other
685	685	governmental subdivision in which all or any part of the district
686	686	[Authority] is located; and such property may be assessed and the
687	687	values thereof equalized on the same basis or a different basis than
688	688	that used by any such governmental subdivision. Such property
689	689	shall be assessed, the values thereof equalized, and such taxes
690	690	collected in the manner and for such compensation as shall be agreed
691	691	on between the appropriate parties, and the functions thus assumed
692	692	by the officials of any such governmental subdivision shall be
693	693	additional duties pertaining to their offices, respectively. The
694	694	ad valorem tax law applicable to each such governmental subdivision
695	695	shall apply to its officials in carrying out such functions for the
696	696	district [Authority].
697	697	(f) It is specifically provided, however, that under any
698	698	method used all taxable property within the district [Authority]
699	699	shall be assessed on the same basis, and the values thereof shall be
700	700	equalized by only one board of equalization, in an equal and uniform
701	701	manner, as required by the Texas Constitution. If the board desires
702	702	that taxable property shall be assessed and taxes collected by the
703	703	tax assessors and/or collectors of more than one governmental
704	704	subdivision, the board shall either act as its own board of
705	705	equalization or appoint three resident, qualified electors of the
706	706	district [Authority] who own taxable property therein to act as the
707	707	board of equalization, and in either case the board of equalization
708	708	shall qualify and perform the duties prescribed by law for county
709	709	commissioners courts acting as boards of equalization.
710	710	(h) If the district [Authority] issues and delivers bonds
711	711	payable wholly or partially from ad valorem taxes, the board
712	712	[Board] shall levy and cause to be assessed and collected ad valorem
713	713	taxes sufficient to pay the interest on and principal of said bonds,
714	714	without limit as to the rate or the amount[, after giving
715	715	consideration to any revenues that may be pledged to the payment of
716	716	bonds].
717	717	SECTION 9. Chapter 438, Acts of the 63rd Legislature,
718	718	Regular Session, 1973, is amended by amending Section 29 and adding
719	719	Sections 1B, 13A, 19A, 19B, 19C, 19D, 19E, 19F, and 19G to read as
720	720	follows:
721	721	Sec. 29. (a) The board [Board of Directors] shall designate
722	722	one (1) or more banks within the district [Authority] to serve as
723	723	depository for the funds of the district [Authority]. All funds of
724	724	the district [Authority] shall be deposited in such depository bank
725	725	or banks except that funds pledged to pay bonds may be deposited
726	726	with the trustee bank named in the trust agreement, and except that
727	727	funds shall be remitted to the bank of payment for the payment of
728	728	principal of and interest on bonds. To the extent that funds in the
729	729	depository banks and the trustee bank are not insured by the
730	730	F.D.I.C. they shall be secured in the manner provided by law for the
731	731	security of county funds.
732	732	(b) Before designating a depository bank or banks, the board
733	733	[Board of Directors] shall issue a notice stating the time and place
734	734	when and where the board [Board] will meet for such purpose and
735	735	inviting the banks in the district [Authority] to submit
736	736	applications to be designated depositories. The term of service
737	737	for depositories shall be prescribed by the board [Board]. Such
738	738	notice shall be published one (1) time in a newspaper or newspapers
739	739	published in the district [Authority] and specified by the board
740	740	[Board].
741	741	(c) At the time mentioned in the notice, the board [Board]
742	742	shall consider the applications and the management and condition of
743	743	the banks filing them, and shall designate as depositories the bank
744	744	or banks which offer the most favorable terms and conditions for the
745	745	handling of the funds of the district [Authority] and which the
746	746	board [Board] finds have proper management and are in condition to
747	747	warrant handling of district [Authority] funds. Membership on the
748	748	board [Board of Directors] of an officer or director of a bank shall
749	749	not disqualify such bank from being designated as depository.
750	750	(d) If no applications are received by the time stated in
751	751	the notice, the board [Board] shall designate some bank or banks
752	752	within or without the district [Authority] upon such terms and
753	753	conditions as it may find advantageous to the district [Authority].
754	754	Sec. 1B. In this Act:
755	755	(1) "Board" means the district's board of directors.
756	756	(2) "Commission" means the Texas Commission on
757	757	Environmental Quality.
758	758	(3) "Director" means a member of the board.
759	759	(4) "District" means the Palo Duro Water District.
760	760	Sec. 13A. (a) A county or municipality may withdraw from
761	761	the district or the district may dissolve according to this
762	762	section.
763	763	(b) In order to withdraw from the district or to dissolve
764	764	the district, the governing body of a county or municipality that is
765	765	a member of the district must issue an order or pass a resolution
766	766	declaring the intent to withdraw from or dissolve the district. The
767	767	order or resolution must state:
768	768	(1) the intention to either withdraw from the district
769	769	or call for the dissolution of the district; and
770	770	(2) the reasons supporting the withdrawal or
771	771	dissolution.
772	772	(c) Not later than the 30th day after the date the district
773	773	receives an order or resolution under Subsection (b), the district
774	774	shall hold a public hearing on the matter described by the order or
775	775	resolution.
776	776	(d) In the event of a proposed withdrawal or dissolution
777	777	under this section, the member counties and municipality must reach
778	778	a financial agreement that:
779	779	(1) for a withdrawal of a county or municipality from
780	780	the district, provides for sufficient revenue for maintaining the
781	781	Palo Duro Reservoir and the dam that impounds the water in the
782	782	reservoir; or
783	783	(2) for a dissolution of the district, provides for
784	784	the transfer of:
785	785	(A) the ownership rights of the dam to an entity
786	786	that assumes responsibility for the maintenance of the dam and
787	787	liability for actions related to the dam;
788	788	(B) all assets and liabilities of the district to
789	789	other entities; and
790	790	(C) the responsibility for the continued
791	791	provision of services, if the district provides services.
792	792	(e) The board must provide an opportunity for the public to
793	793	comment on the financial agreement described by Subsection (d)
794	794	before the board votes as described by Subsection (f). The period
795	795	for public comment must last not less than 10 days.
796	796	(f) After consideration of the public comments submitted
797	797	under Subsection (e), the board shall vote on the issue described by
798	798	the order or resolution under Subsection (b). The board may proceed
799	799	with the withdrawal or dissolution only if two-thirds of all of the
800	800	members of the board vote in favor of withdrawal or dissolution.
801	801	(g) If the board votes in favor of withdrawal or dissolution
802	802	as provided by Subsection (f), the governing body of each county and
803	803	municipality that is a member of the district shall vote on the
804	804	matter of withdrawal or dissolution.
805	805	(h) A withdrawal or dissolution authorized under this
806	806	section does not take effect until:
807	807	(1) the governing body of each county and municipality
808	808	has voted in favor of withdrawal or dissolution;
809	809	(2) all conditions specified in the financial
810	810	agreement described by Subsection (d) have been met; and
811	811	(3) all actions described in the financial agreement
812	812	described by Subsection (d) have been completed.
813	813	Sec. 19A. The board shall develop and implement policies
814	814	that provide the public with a reasonable opportunity to appear
815	815	before the board and to speak on any agenda item at board meetings.
816	816	Sec. 19B. A director who has a financial interest in a
817	817	contract under consideration by the district for the purchase,
818	818	sale, lease, rental, or supply of property, including supplies,
819	819	materials, and equipment, or the construction of facilities, shall
820	820	disclose that fact to the other members of the board and may not
821	821	vote on or participate in discussions during board meetings on the
822	822	acceptance of the contract. A financial interest of a director does
823	823	not affect the validity of a contract if disclosure is made and the
824	824	director with the financial interest does not vote on the question
825	825	of entering into the contract.
826	826	Sec. 19C. Not earlier than the 10th day after the date a
827	827	director receives written notice of a charge against the director,
828	828	and after an opportunity to be heard in person or through the
829	829	appearance of counsel at a public hearing on the matter of the
830	830	charge described by the notice, the board may remove a director for:
831	831	(1) inefficiency;
832	832	(2) neglect of duty; or
833	833	(3) misconduct in office.
834	834	Sec. 19D. (a) A person who is appointed to and qualifies
835	835	for office as a director may not vote, deliberate, or be counted as
836	836	a director in attendance at a meeting of the board until the person
837	837	completes a training program that complies with this section.
838	838	(b) The training program must provide the person with
839	839	information regarding:
840	840	(1) the law governing district operations;
841	841	(2) the programs, functions, rules, and budget of the
842	842	district;
843	843	(3) the scope of and limitations on the rulemaking
844	844	authority of the district;
845	845	(4) the results of the most recent formal audit of the
846	846	district;
847	847	(5) the requirements of:
848	848	(A) laws relating to open meetings, public
849	849	information, administrative procedure, and disclosing conflicts of
850	850	interest; and
851	851	(B) other laws applicable to members of the
852	852	governing body of a water district in performing their duties; and
853	853	(6) any applicable ethics policies adopted by the
854	854	board or the Texas Ethics Commission.
855	855	(c) A person appointed to the board is entitled to
856	856	reimbursement for the travel expenses incurred in attending the
857	857	training program regardless of whether the attendance at the
858	858	program occurs before or after the person qualifies for office.
859	859	(d) The board shall create a training manual that includes
860	860	the information required by Subsection (b). The board shall
861	861	distribute a copy of the training manual annually to each director.
862	862	On receipt of the training manual, each director shall sign a
863	863	statement acknowledging receipt of the training manual.
864	864	Sec. 19E. The board shall develop and implement policies
865	865	that clearly separate the policymaking responsibilities of the
866	866	board and the management responsibilities of the general manager
867	867	and staff of the district.
868	868	Sec. 19F. (a) The district shall maintain a system to
869	869	promptly and efficiently act on complaints filed with the district.
870	870	The district shall maintain information about parties to the
871	871	complaint, the subject matter of the complaint, a summary of the
872	872	results of the review or investigation of the complaint, and its
873	873	disposition.
874	874	(b) The district shall make information available
875	875	describing its procedures for complaint investigation and
876	876	resolution.
877	877	(c) The district shall periodically notify the complaint
878	878	parties of the status of the complaint until final disposition.
879	879	Sec. 19G. (a) The district shall develop a policy to
880	880	encourage the use of:
881	881	(1) negotiated rulemaking procedures under Chapter
882	882	2008, Government Code, for the adoption of district rules; and
883	883	(2) appropriate alternative dispute resolution
884	884	procedures under Chapter 2009, Government Code, to assist in the
885	885	resolution of internal and external disputes under the district's
886	886	jurisdiction.
887	887	(b) The district's procedures relating to alternative
888	888	dispute resolution must conform, to the extent possible, to any
889	889	model guidelines issued by the State Office of Administrative
890	890	Hearings for the use of alternative dispute resolution by state
891	891	agencies.
892	892	(c) The district shall:
893	893	(1) coordinate the implementation of the policy
894	894	adopted under Subsection (a);
895	895	(2) provide training as needed to implement the
896	896	procedures for negotiated rulemaking or alternative dispute
897	897	resolution; and
898	898	(3) collect data concerning the effectiveness of those
899	899	procedures.
900	900	SECTION 10. Section 325.025(b), Government Code, is amended
901	901	to read as follows:
902	902	(b) This section applies to the:
903	903	(1) Angelina and Neches River Authority;
904	904	(2) Bandera County River Authority and Groundwater
905	905	District;
906	906	(3) Brazos River Authority;
907	907	(4) Central Colorado River Authority;
908	908	(5) Guadalupe-Blanco River Authority;
909	909	(6) Lavaca-Navidad River Authority;
910	910	(7) Lower Colorado River Authority;
911	911	(8) Lower Neches Valley Authority;
912	912	(9) Nueces River Authority;
913	913	(10) [Palo Duro River Authority of Texas;
914	914	[(11)] Red River Authority of Texas;
915	915	(11) [(12)] Sabine River Authority of Texas;
916	916	(12) [(13)] San Antonio River Authority;
917	917	(13) [(14)] San Jacinto River Authority;
918	918	(14) [(15)] Sulphur River Basin Authority;
919	919	(15) [(16)] Trinity River Authority of Texas;
920	920	(16) [(17)] Upper Colorado River Authority; and
921	921	(17) [(18)] Upper Guadalupe River Authority.
922	922	SECTION 11. (a) The following sections of Chapter 438, Acts
923	923	of the 63rd Legislature, Regular Session, 1973, are repealed:
924	924	(1) Section 1A;
925	925	(2) Section 2A;
926	926	(3) Section 2B;
927	927	(4) Section 4;
928	928	(5) Section 13(e);
929	929	(6) Section 28(i); and
930	930	(7) Section 30.
931	931	(b) The following sections are repealed:
932	932	(1) Section 9, Chapter 115, Acts of the 64th
933	933	Legislature, Regular Session, 1975;
934	934	(2) Section 6, Chapter 17, Acts of the 68th
935	935	Legislature, Regular Session, 1983; and
936	936	(3) Section 4, Chapter 651, Acts of the 70th
937	937	Legislature, Regular Session, 1987.
938	938	SECTION 12. (a) Notwithstanding Section 19D(a), Chapter
939	939	438, Acts of the 63rd Legislature, Regular Session, 1973, as added
940	940	by this Act, a person serving on the board of directors of the Palo
941	941	Duro Water District, as renamed by this Act, may vote, deliberate,
942	942	and be counted as a director in attendance at a meeting of the board
943	943	until December 1, 2017.
944	944	(b) This section expires January 1, 2018.
945	945	SECTION 13. (a) The legal notice of the intention to
946	946	introduce this Act, setting forth the general substance of this
947	947	Act, has been published as provided by law, and the notice and a
948	948	copy of this Act have been furnished to all persons, agencies,
949	949	officials, or entities to which they are required to be furnished
950	950	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
951	951	Government Code.
952	952	(b) The governor, one of the required recipients, has
953	953	submitted the notice and Act to the Texas Commission on
954	954	Environmental Quality.
955	955	(c) The Texas Commission on Environmental Quality has filed
956	956	its recommendations relating to this Act with the governor, the
957	957	lieutenant governor, and the speaker of the house of
958	958	representatives within the required time.
959	959	(d) All requirements of the constitution and laws of this
960	960	state and the rules and procedures of the legislature with respect
961	961	to the notice, introduction, and passage of this Act are fulfilled
962	962	and accomplished.
963	963	SECTION 14. This Act takes effect September 1, 2017.
964	964
965	965	[DIRECTOR RESIDENCE TERM EXPIRING
966	966
967	967	[Dee Jackson Spearman, Hansford County, Texas December 31, 1973
968	968
969	969	[N. F. (Gus) Renner Spearman, Hansford County, Texas December 31, 1974
970	970
971	971	[Robert V. Skinner Spearman, Hansford County, Texas December 31, 1973
972	972
973	973	[Bill Logsdon Gruver, Hansford County, Texas December 31, 1974
974	974
975	975	[Bob Urban Perryton, Ochiltree County, Texas December 31, 1973
976	976
977	977	[Delbert Timmons Perryton, Ochiltree County, Texas December 31, 1974
978	978
979	979	[Jerry Garrison Perryton, Ochiltree County, Texas December 31, 1973
980	980
981	981	[Robert D. Lemon Perryton, Ochiltree County, Texas December 31, 1974]