Texas 2019 - 86th Regular

Texas House Bill HB3289 Compare Versions

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

Old	New	Differences
1	1	86R3448 BRG-D
2	2	By: Thompson of Harris H.B. No. 3289
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Nueces River Authority, following recommendations
8	8	of the Sunset Advisory Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 1.02(6), (7), (8), and (9), Chapter
11	11	427, Acts of the 44th Legislature, 1st Called Session, 1935, are
12	12	amended to read as follows:
13	13	(6) "Commission" means the Texas Commission on
14	14	Environmental Quality [Water Rights Commission].
15	15	(7) ["Quality board" means the Texas Water Quality
16	16	Board.]
17	17	[(8)] "Development board" means the Texas Water
18	18	Development Board.
19	19	(8) [(9)] "Waste" means sewage, industrial waste,
20	20	municipal waste, recreational waste, agricultural waste, waste
21	21	heat, solid waste, or any other waste.
22	22	SECTION 2. Section 1.02A(a), Chapter 427, Acts of the 44th
23	23	Legislature, 1st Called Session, 1935, is amended to read as
24	24	follows:
25	25	(a) The authority is subject to review under Chapter 325,
26	26	Government Code (Texas Sunset Act), but may not be abolished under
27	27	that chapter. The review shall be conducted under Section 325.025,
28	28	Government Code, as if the authority were a state agency scheduled
29	29	to be abolished September 1, 2031 [2019], and every 12th year after
30	30	that year.
31	31	SECTION 3. Section 2.02(c), Chapter 427, Acts of the 44th
32	32	Legislature, 1st Called Session, 1935, is amended to read as
33	33	follows:
34	34	(c) If the directors find any land included in the field
35	35	notes other than land in San Patricio, Nueces, and Jim Wells
36	36	counties, which is not actually included in the watershed of the
37	37	Nueces River, the board shall exclude the land from the authority
38	38	and file a certificate of exclusion with the county clerk of the
39	39	county in which the land is located. The certificate of exclusion
40	40	shall describe the boundaries of the land excluded so that the land
41	41	remaining in the authority may be adequately identified.
42	42	SECTION 4. Section 2.03(i), Chapter 427, Acts of the 44th
43	43	Legislature, 1st Called Session, 1935, is amended to read as
44	44	follows:
45	45	(i) The governor shall designate a member of the board as
46	46	the president of the board to serve in that capacity at the pleasure
47	47	of the governor. The board shall elect [a president,] one or more
48	48	vice-presidents, a secretary, a treasurer, and such other officers
49	49	as the members of the board may determine in the bylaws or
50	50	otherwise. The [president,] vice-presidents, secretary, and
51	51	treasurer shall be members of the board, but other officers need not
52	52	be members of the board. The offices of secretary and treasurer may
53	53	be combined, as may the offices of assistant secretary and
54	54	assistant treasurer.
55	55	SECTION 5. Subchapter 2, Chapter 427, Acts of the 44th
56	56	Legislature, 1st Called Session, 1935, is amended by adding Section
57	57	2.03A to read as follows:
58	58	Sec. 2.03A. DIRECTOR TRAINING. (a) A person who is
59	59	appointed to and qualifies for office as a director may not vote,
60	60	deliberate, or be counted as a director in attendance at a board
61	61	meeting until the person completes a training program that complies
62	62	with this section.
63	63	(b) The training program must provide the person with
64	64	information regarding:
65	65	(1) the law governing authority operations;
66	66	(2) the programs, functions, rules, and budget of the
67	67	authority;
68	68	(3) the scope of and limitations on the rulemaking
69	69	authority of the authority;
70	70	(4) the results of the most recent formal audit of the
71	71	authority;
72	72	(5) the requirements of:
73	73	(A) laws relating to open meetings, public
74	74	information, administrative procedure, and disclosure of conflicts
75	75	of interest; and
76	76	(B) other laws applicable to members of the
77	77	governing body of a river authority in performing their duties; and
78	78	(6) any applicable ethics policies adopted by the
79	79	authority or the Texas Ethics Commission.
80	80	(c) A person appointed to the board is entitled to
81	81	reimbursement for the travel expenses incurred in attending the
82	82	training program regardless of whether the attendance at the
83	83	program occurs before or after the person qualifies for office.
84	84	(d) The executive director shall create a training manual
85	85	that includes the information required by Subsection (b) of this
86	86	section. The executive director shall distribute a copy of the
87	87	training manual annually to each director. Each director shall
88	88	sign and submit to the executive director a statement acknowledging
89	89	that the director has received the training manual.
90	90	SECTION 6. Section 2.05, Chapter 427, Acts of the 44th
91	91	Legislature, 1st Called Session, 1935, is amended by amending
92	92	Subsection (a) and adding Subsection (c) to read as follows:
93	93	(a) A director is entitled to receive an allowance in an
94	94	amount not exceeding that provided under Section 49.060, Water Code
95	95	[general law of the State of Texas and reimbursement for actual and
96	96	necessary expenses incurred:
97	97	[(1) for each day he spends attending meetings of the
98	98	board; and
99	99	[(2) for each day he spends attending to the business
100	100	of the authority which is authorized by the board].
101	101	(c) In all areas of conflict with this section, Section
102	102	49.060, Water Code, takes precedence.
103	103	SECTION 7. Subchapter 2, Chapter 427, Acts of the 44th
104	104	Legislature, 1st Called Session, 1935, is amended by adding
105	105	Sections 2.06A and 2.08A to read as follows:
106	106	Sec. 2.06A. PUBLIC TESTIMONY. (a) The board shall develop
107	107	and implement policies that provide the public with a reasonable
108	108	opportunity to appear before the board and to speak on any issue
109	109	under the jurisdiction of the authority.
110	110	(b) At each regular meeting of the board, the board shall
111	111	include public testimony as a meeting agenda item and allow members
112	112	of the public to comment on other agenda items and other matters
113	113	under the jurisdiction of the authority. The board may not
114	114	deliberate on or decide a matter not included in the meeting agenda,
115	115	except that the board may discuss including the matter on the agenda
116	116	for a subsequent meeting.
117	117	Sec. 2.08A. SEPARATION OF POLICY AND MANAGEMENT
118	118	RESPONSIBILITIES. The board shall develop and implement policies
119	119	that clearly separate the policymaking responsibilities of the
120	120	board and the management responsibilities of the executive director
121	121	and the staff of the authority.
122	122	SECTION 8. Sections 3.02, 3.05, and 3.08, Chapter 427, Acts
123	123	of the 44th Legislature, 1st Called Session, 1935, are amended to
124	124	read as follows:
125	125	Sec. 3.02. (a) Subject to the provisions of the
126	126	constitution and statutes of the state and the continuing right of
127	127	supervision of the state through the commission, the Nueces River
128	128	Authority has and may exercise authority and power over the storm
129	129	water and floodwater of the Nueces River Basin, subject to the
130	130	applicable provisions of Chapters 5, 11, and 12 [6], Water Code[, as
131	131	amended].
132	132	(b) Subject to Chapters 5, 11, and 12 [6], Water Code, [as
133	133	amended,] the authority may exercise the powers of control and
134	134	employment of the state's water in the manner and for the particular
135	135	purposes as follows:
136	136	(1) to provide for the control and coordination of
137	137	water use in the Nueces River Basin as a unit;
138	138	(2) to provide by adequate organization and
139	139	administration for the preservation of the rights of the people of
140	140	the different sections of the river basin in the beneficial use of
141	141	water;
142	142	(3) to provide for conserving storm, flood, and
143	143	unappropriated flow water of the Nueces River Basin, including the
144	144	storing, controlling, transporting, treating, and distributing of
145	145	such water, and the prevention of the escape of any such water
146	146	without the maximum of public service and for the prevention of
147	147	devastation of land from recurrent overflows, and the protection of
148	148	life and property in the river basin from uncontrolled floodwater;
149	149	(4) to provide for the conservation of water essential
150	150	for domestic and other water uses of the people of the Nueces River
151	151	Basin, including all necessary water supplies for cities, towns,
152	152	and industrial districts;
153	153	(5) to provide for the irrigation of land in the Nueces
154	154	River Basin where irrigation is required for agricultural purposes
155	155	or may be deemed helpful to more profitable agricultural production
156	156	and for the equitable distribution of storm, flood, and
157	157	unappropriated flow water to the regional potential requirements
158	158	for all uses; all plans and all works provided by the authority and
159	159	all works which may be provided under authorization of the
160	160	authority should have primary regard to the necessary and potential
161	161	needs for water, by or within the respective areas constituting the
162	162	watershed of the Nueces River and its tributary streams;
163	163	(6) to provide for the encouragement and development
164	164	of drainage systems and provisions for drainage of land in the
165	165	valleys of the Nueces River and its tributary streams needing
166	166	drainage for profitable agricultural and livestock production and
167	167	industrial activities and drainage of other land in the watershed
168	168	area of the authority requiring drainage for the most advantageous
169	169	use;
170	170	(7) to provide for the conservation of all soils
171	171	against destructive erosion, thereby preventing the increased
172	172	flood menace incident thereto;
173	173	(8) to control and make available for employment,
174	174	flood, storm, and unappropriated flow water as may be authorized by
175	175	the commission, in the development of commercial and industrial
176	176	enterprises in all sections of the watershed area of the authority;
177	177	(9) to provide as set forth by Chapters 5, 11, and 12
178	178	[6], Water Code, [as amended,] for the control, storing, and
179	179	employment of flood, storm, and unappropriated flow water in the
180	180	development and distribution of hydroelectric power, where this use
181	181	may be economically coordinated with other and superior uses, and
182	182	subordinated to the uses declared by law to be superior; and
183	183	(10) to provide in the manner set forth in Chapters 5,
184	184	11, and 12 [6], Water Code, [as amended,] for each and every purpose
185	185	and use for which flood, storm, and unappropriated flow water when
186	186	controlled and conserved may be utilized in the performance of a
187	187	useful service as contemplated and authorized by the provisions of
188	188	the constitution and statutes.
189	189	(c) Subject to Chapters 5, 11, and 12 [6], Water Code, [as
190	190	amended,] the authority may control, store, and preserve the water
191	191	of the Nueces River and its tributaries within the boundaries of the
192	192	authority for any useful purpose, and may use, distribute, and sell
193	193	the water for any beneficial purpose inside and outside the
194	194	authority, and may acquire water and water rights inside and
195	195	outside the authority.
196	196	Sec. 3.05. (a) The authority has and may exercise all of
197	197	the powers vested in river authorities under Chapters 5, 7, 17, 26,
198	198	and 30, [Chapter 21 of the] Water Code, [as amended,] and Chapter
199	199	366, Health and Safety Code [25 of the Water Code, as amended].
200	200	(b) The authority is authorized to perform the licensing and
201	201	other functions authorized to be delegated to local governments by
202	202	the commission [quality board] in connection with the regulation of
203	203	private sewage facilities under Chapter 366, Health and Safety
204	204	[Section 21.083, Water] Code.
205	205	(c) The authority may serve as the entity to provide
206	206	regional or area-wide waste collection, treatment, and disposal
207	207	services, as provided in Subchapter C [D], Chapter 26 [21], Water
208	208	Code.
209	209	Sec. 3.08. In the manner provided by Chapters 5, 11, and 12
210	210	[6], Water Code, the [as amended, the authority shall apply for any
211	211	permits, licenses, franchises, and other grants of authority it may
212	212	require from the commission. The] authority may apply for any
213	213	permits, licenses, franchises, and other grants of authority it may
214	214	require from the commission [quality board], the development board,
215	215	or any other federal, state, or local governmental agencies in
216	216	exercising its powers and accomplishing the purposes under this
217	217	Act.
218	218	SECTION 9. Section 3.15(i), Chapter 427, Acts of the 44th
219	219	Legislature, 1st Called Session, 1935, is amended to read as
220	220	follows:
221	221	(i) The provisions of this section do not prohibit the
222	222	authority from purchasing or acquiring land or interests in land
223	223	from any person, or from acquiring, constructing, or improving
224	224	pollution control or waste collection and disposal facilities in
225	225	accordance with Chapter 30 [25], Water Code, [as amended,] the
226	226	Clean Air Financing Act (Chapter 4477-5a, Vernon's Texas Civil
227	227	Statutes), or other applicable statutes, or purchasing or acquiring
228	228	surplus property from any governmental entity by negotiated
229	229	contract and without necessity for advertising for bids.
230	230	SECTION 10. Subchapter 3, Chapter 427, Acts of the 44th
231	231	Legislature, 1st Called Session, 1935, is amended by adding Section
232	232	3.18A to read as follows:
233	233	Sec. 3.18A. ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION
234	234	PROCEDURES. (a) The board shall develop a policy to encourage the
235	235	use of:
236	236	(1) negotiated rulemaking procedures under Chapter
237	237	2008, Government Code, for the adoption of authority rules; and
238	238	(2) appropriate alternative dispute resolution
239	239	procedures under Chapter 2009, Government Code, to assist in the
240	240	resolution of internal and external disputes under the authority's
241	241	jurisdiction.
242	242	(b) The authority's procedures relating to alternative
243	243	dispute resolution must conform, to the extent possible, to any
244	244	model guidelines issued by the State Office of Administrative
245	245	Hearings for the use of alternative dispute resolution by state
246	246	agencies.
247	247	(c) The authority shall:
248	248	(1) coordinate the implementation of the policy
249	249	adopted under Subsection (a) of this section;
250	250	(2) provide training as needed to implement the
251	251	procedures for negotiated rulemaking or alternative dispute
252	252	resolution; and
253	253	(3) collect data concerning the effectiveness of those
254	254	procedures.
255	255	SECTION 11. Sections 3.22A and 3.23, Chapter 427, Acts of
256	256	the 44th Legislature, 1st Called Session, 1935, are amended to read
257	257	as follows:
258	258	Section 3.22A. CONSERVATION PROGRAM. The board shall adopt
259	259	and implement a program of water conservation that incorporates the
260	260	practices, techniques, and technologies that will reduce the
261	261	consumption of water, reduce the loss or waste of water, improve the
262	262	efficiency in the use of water, or increase the recycling and reuse
263	263	of water so that a water supply is made available for future or
264	264	alternative uses and that the commission and development board
265	265	determine [Texas Department of Water Resources determines] will
266	266	meet reasonably anticipated local needs and conditions.
267	267	Sec. 3.23. The authority has and may exercise all the powers
268	268	vested in political subdivisions under Chapters 5, 16, and 17
269	269	[Chapter 11], Water Code, [as amended,] including [without
270	270	limitation] the powers necessary to enable the authority to
271	271	participate in:
272	272	(1) [the] programs administered by the development
273	273	board for:
274	274	(A) the acquisition and development of
275	275	facilities; [,]
276	276	(B) the sale or lease of facilities; and [,]
277	277	(C) financial assistance to political
278	278	subdivisions; [,] and
279	279	(2) other programs as are now or may hereafter be
280	280	authorized.
281	281	SECTION 12. Subchapter 3, Chapter 427, Acts of the 44th
282	282	Legislature, 1st Called Session, 1935, is amended by adding
283	283	Sections 3.27 and 3.28 to read as follows:
284	284	Sec. 3.27. COMPLAINTS. (a) The authority shall maintain a
285	285	system to promptly and efficiently act on complaints filed with the
286	286	authority. The authority shall maintain information about the
287	287	parties to and subject matter of the complaint, a summary of the
288	288	results of the review or investigation of the complaint, and the
289	289	disposition of the complaint.
290	290	(b) The authority shall make information available
291	291	describing its procedures for complaint investigation and
292	292	resolution.
293	293	(c) The authority shall periodically notify the complaint
294	294	parties of the status of the complaint until final disposition.
295	295	Sec. 3.28. FIVE-YEAR STRATEGIC PLAN. (a) The authority
296	296	shall adopt and promptly publish on the authority's Internet
297	297	website a written, five-year strategic plan that:
298	298	(1) sets the authority's goals for the following five
299	299	years;
300	300	(2) establishes the authority's mission; and
301	301	(3) describes the anticipated activities that the
302	302	authority will perform in the Nueces River Basin over the following
303	303	five years.
304	304	(b) The authority shall update the five-year strategic plan
305	305	regularly and publish the updated versions of the plan on the
306	306	authority's Internet website.
307	307	SECTION 13. Section 5.01(a), Chapter 427, Acts of the 44th
308	308	Legislature, 1st Called Session, 1935, is amended to read as
309	309	follows:
310	310	(a) For the purpose of carrying out any power or authority
311	311	conferred by this Act, including [the expense of] preparing the
312	312	master plan and [the] payment of engineering and related [other]
313	313	expenses [in connection with this], the authority may issue its
314	314	bonds in three general classes:
315	315	(1) bonds secured by ad valorem taxes;
316	316	(2) bonds secured by a pledge of all or part of the
317	317	revenues accruing to the authority, including without limitation
318	318	those received from sale of water or other products, rendition of
319	319	service, tolls, charges, and from all other sources other than ad
320	320	valorem taxes;
321	321	(3) bonds secured by a combination pledge of all or
322	322	part of the revenues described in Subdivision (2) of this
323	323	subsection, and taxes.
324	324	SECTION 14. Section 2, Chapter 699, Acts of the 64th
325	325	Legislature, Regular Session, 1975, is amended to read as follows:
326	326	Sec. 2. The rights, privileges, authority, and functions
327	327	herein granted to the authority and the authority itself are
328	328	expressly subject to Chapters 5, 7, 17 [6], and 26 [21], Water Code,
329	329	and Chapter 366, Health and Safety Code.
330	330	SECTION 15. Section 5.03, Chapter 427, Acts of the 44th
331	331	Legislature, 1st Called Session, 1935, is repealed.
332	332	SECTION 16. (a) The term of the president of the board of
333	333	directors of the Nueces River Authority serving on the effective
334	334	date of this Act expires September 1, 2019. The director serving as
335	335	president on the effective date of this Act may continue to serve on
336	336	the board of directors until the expiration of that director's
337	337	term.
338	338	(b) Not later than September 2, 2019, the governor shall
339	339	designate a director as president of the board of directors of the
340	340	Nueces River Authority as required by Section 2.03(i), Chapter 427,
341	341	Acts of the 44th Legislature, 1st Called Session, 1935, as amended
342	342	by this Act.
343	343	SECTION 17. (a) Notwithstanding Section 2.03A, Chapter
344	344	427, Acts of the 44th Legislature, 1st Called Session, 1935, as
345	345	added by this Act, a person serving on the board of directors of the
346	346	Nueces River Authority may vote, deliberate, and be counted as a
347	347	director in attendance at a meeting of the board until December 1,
348	348	2019.
349	349	(b) This section expires January 1, 2020.
350	350	SECTION 18. (a) The legal notice of the intention to
351	351	introduce this Act, setting forth the general substance of this
352	352	Act, has been published as provided by law, and the notice and a
353	353	copy of this Act have been furnished to all persons, agencies,
354	354	officials, or entities to which they are required to be furnished
355	355	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
356	356	Government Code.
357	357	(b) The governor, one of the required recipients, has
358	358	submitted the notice and Act to the Texas Commission on
359	359	Environmental Quality.
360	360	(c) The Texas Commission on Environmental Quality has filed
361	361	its recommendations relating to this Act with the governor, the
362	362	lieutenant governor, and the speaker of the house of
363	363	representatives within the required time.
364	364	(d) All requirements of the constitution and laws of this
365	365	state and the rules and procedures of the legislature with respect
366	366	to the notice, introduction, and passage of this Act are fulfilled
367	367	and accomplished.
368	368	SECTION 19. This Act takes effect September 1, 2019.