Texas 2019 - 86th Regular

Texas House Bill HB4634 Compare Versions

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

Old	New	Differences
1	1	86R3445 GRM-D
2	2	By: Flynn H.B. No. 4634
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Guadalupe-Blanco River Authority; following the
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. Section 1A(a), Chapter 75, Acts of the 43rd
11	11	Legislature, 1st Called Session, 1933, is amended to read as
12	12	follows:
13	13	(a) The District 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 District were a state agency scheduled to
17	17	be abolished September 1, 2031 [2019], and every 12th year after
18	18	that year.
19	19	SECTION 2. Section 2, Chapter 75, Acts of the 43rd
20	20	Legislature, 1st Called Session, 1933, is amended to read as
21	21	follows:
22	22	Sec. 2. Except as expressly limited by this Act, the
23	23	District shall have and is hereby authorized to exercise all
24	24	powers, rights, privileges, and functions conferred by General Law,
25	25	now in force or hereafter enacted, upon any District or Districts
26	26	created pursuant to Section 59, of Article 16, of the Constitution
27	27	of the State of Texas (excluding underground water conservation
28	28	districts), and the same are adopted by reference. Without
29	29	limitation of the generality of the foregoing, the District shall
30	30	have and is hereby authorized to exercise the following powers,
31	31	rights, privileges, and functions;
32	32	(a) to control, store and preserve, within or adjoining the
33	33	boundaries of the District, the waters of any rivers and streams,
34	34	including the waters of the Guadalupe and Blanco Rivers and their
35	35	tributaries, for all useful purposes, and to use, distribute and
36	36	sell the same, within the boundaries of the District, for any such
37	37	purposes;
38	38	(b) to conserve, preserve and develop underground waters
39	39	within the boundaries of the District (subject to any applicable
40	40	regulation by the State or any political subdivision) for all
41	41	useful purposes, and to use, distribute and sell the same, within
42	42	the boundaries of the District for any such purposes;
43	43	(c) to acquire water, water supply facilities and
44	44	conservation storage capacity within or without the District from
45	45	any person, including the State or any of its agencies and
46	46	subdivisions and the United States of America and any of its
47	47	agencies and subdivisions;
48	48	(d) to use, distribute and sell, without the boundaries of
49	49	the District, any waters which may be controlled, stored,
50	50	preserved, conserved, developed or acquired by the District, if the
51	51	Board hereinafter referred to determines that adequate provision
52	52	can be made to continue to serve the water requirements within the
53	53	boundaries of the District, provided the District shall not enter
54	54	into any agreement which contemplates or results in the removal
55	55	from the watershed of the Guadalupe and Blanco Rivers and their
56	56	tributaries of any surface water of the District necessary to
57	57	supply the reasonably foreseeable future water requirements for
58	58	municipal uses during the next ensuing fifty-year period within
59	59	such watershed, except on a temporary, interim basis;
60	60	(e) to develop and generate water power and electric energy
61	61	within the boundaries of the District and to distribute and sell
62	62	water power and electric energy, within or without the boundaries
63	63	of the District;
64	64	(f) to prevent or aid in the prevention of damage to person
65	65	or property from the waters of the Guadalupe and Blanco Rivers and
66	66	their tributaries;
67	67	(g) to forest and reforest and to aid in the foresting and
68	68	reforesting of the watershed area of the Guadalupe and Blanco
69	69	Rivers and their tributaries and to prevent and to aid in the
70	70	prevention of soil erosion and floods within said watershed area;
71	71	(h) to develop the navigation of inland waters within the
72	72	boundaries of the District and any facilities in aid thereof;
73	73	(i) to develop the reclamation and drainage of overflowed
74	74	lands and other lands needing drainage within the boundaries of the
75	75	District and any facilities in aid thereof (but not to reclaim or
76	76	drain coastal wetlands or inland marshes);
77	77	(j) to develop the collection, transportation, treatment,
78	78	disposal and handling of any waste as such term may be defined by
79	79	General Law and any facilities in aid thereof (but only with the
80	80	consent of a city if sanitary sewer facilities for the collection,
81	81	treatment and disposal of sewage are to be constructed or acquired
82	82	within its corporate limits);
83	83	(k) to conserve and develop waters and lands for recreation
84	84	purposes and any facilities in aid thereof;
85	85	(l) to acquire by purchase, lease, gift or in any other
86	86	manner (otherwise than by condemnation) and to maintain, use and
87	87	operate any and all property of any kind, real, personal, or mixed,
88	88	or any interest therein, within or without the boundaries of the
89	89	District, necessary or convenient to the exercise of the powers,
90	90	rights, privileges and functions conferred upon it by this Act;
91	91	(m) to acquire by condemnation any and all property of any
92	92	kind, real, personal or mixed, or any interest therein, within or
93	93	without the boundaries of the District (other than such property or
94	94	any interest therein without the boundaries of the District as may
95	95	at the time be owned by any body politic) necessary or convenient to
96	96	the exercise of the powers, rights, privileges, and functions
97	97	conferred upon it by this Act, in the manner provided by General Law
98	98	with respect to condemnation or, at the option of the District, in
99	99	the manner provided by the Statutes relative to condemnation by
100	100	Districts organized under General Law pursuant to Section 59, of
101	101	Article 16, of the Constitution of the State of Texas;
102	102	(n) subject to the provisions of this Act from time to time
103	103	sell, lease, or otherwise dispose of any property of any kind, real,
104	104	personal, or mixed, or any interest therein, which shall not be
105	105	necessary to the carrying on of the business of the District or the
106	106	sale, lease, or disposition of which, in the judgment of the Board
107	107	hereinafter referred to, is necessary or convenient to the exercise
108	108	of the powers, rights, privileges and functions conferred upon the
109	109	District by this Act or by General Law;
110	110	(o) to overflow and inundate any public lands and public
111	111	property and to require the relocation of roads, pipelines,
112	112	transmission lines, railroads, cemeteries and highways in the
113	113	manner and to the extent permitted to Districts organized under
114	114	General Law pursuant to Section 59, of Article 16, of the
115	115	Constitution of the State of Texas; provided that if the District
116	116	requires the relocation, raising, lowering, rerouting, or change in
117	117	grade or alteration in the construction of any railroad,
118	118	transmission lines, conduits, poles, properties, or facilities, or
119	119	pipelines in the exercise of the power of eminent domain or any
120	120	other power, all of the relocation, raising, lowering, rerouting or
121	121	changes in grade or alteration of construction shall be the sole
122	122	expense of the District. The term 'sole expense' means the actual
123	123	cost of relocation, raising, lowering, rerouting, or change in
124	124	grade or alteration of construction to provide comparable
125	125	replacement without enhancement of facilities, after deducting the
126	126	net salvage value derived from the old facility;
127	127	(p) to construct, extend, improve, maintain, and
128	128	reconstruct, to cause to be constructed, extended, improved,
129	129	maintained and reconstructed, and to use and operate, any and all
130	130	facilities of any kind necessary or convenient to the exercise of
131	131	such powers, rights, privileges and functions;
132	132	(q) to sue and to be sued in its corporate name;
133	133	(r) to adopt, use and alter a corporate seal;
134	134	(s) to invest and re-invest its funds;
135	135	(t) to make by-laws for the management and regulation of its
136	136	affairs;
137	137	(u) to appoint officers, agents, and employees, to
138	138	prescribe their duties and to fix their compensation;
139	139	(v) to make contracts and to execute instruments necessary
140	140	or convenient to the exercise of the powers, rights, privileges,
141	141	and functions conferred upon it by this Act or General Law for such
142	142	term and with such provisions as the Board hereinafter referred to
143	143	may determine to be in the best interests of the District,
144	144	including, without in any way limiting the generality of the
145	145	foregoing, contracts with persons, including the State of Texas,
146	146	the United States of America and any corporation or agency thereof
147	147	and districts, cities, towns, persons, organizations,
148	148	associations, firms, corporations, entities or others, as such
149	149	Board may deem necessary or proper for, or in connection with, any
150	150	corporate purpose to provide for the construction, acquisition,
151	151	ownership, financing, operation, maintenance, sale, leasing to or
152	152	from, or other use or disposition of any facilities authorized to be
153	153	developed, preserved, conserved, acquired, or constructed under
154	154	this Act or General Law, including any improvements, structures,
155	155	facilities, equipment and all other property of any kind in
156	156	connection therewith and any lands, leaseholds, easements and any
157	157	interests in any of the foregoing;
158	158	(w) to authorize and allow any of such persons, including
159	159	the State of Texas, the United States of America and any corporation
160	160	or agency thereof and districts, agencies, cities, towns, persons,
161	161	organizations, associations, firms, corporations, entities or
162	162	others to participate with the District in the joint construction,
163	163	acquisition, ownership, financing, operation, and maintenance of
164	164	all of such improvements, structures, facilities, equipment and any
165	165	other property in connection therewith, and all such lands,
166	166	leaseholds, easements and interests therein as the Board
167	167	hereinafter referred to may determine is necessary or proper for,
168	168	or in connection with, any corporate purpose, and to allow such
169	169	persons to receive such portion of the revenues derived therefrom
170	170	as such Board shall deem just, equitable and proper;
171	171	(x) to borrow money for its corporate purposes and, without
172	172	limitation of the generality of the foregoing, to borrow money and
173	173	accept grants from persons, including the State of Texas, the
174	174	United States of America, or from any corporation or agency created
175	175	or designated by the State of Texas or the United States of America,
176	176	and, in connection with any such loan or grant, to enter into such
177	177	agreements as the State of Texas or the United States of America or
178	178	such corporations or agency may require; and to make and issue its
179	179	negotiable bonds or notes for moneys borrowed, in the manner and to
180	180	the extent provided in this Act, and to refund or refinance any
181	181	outstanding bonds or notes and to make and issue its negotiable
182	182	bonds or notes therefor in the manner and to the extent provided in
183	183	this Act. Nothing in this Act shall authorize the issuance of any
184	184	bonds, notes, or other evidences of indebtedness of the District,
185	185	except as specifically provided in this Act, and no issuance of
186	186	bonds, notes, or other evidences of indebtedness of the District
187	187	shall ever be authorized except by this Act or General Law;
188	188	(y) nothing herein shall be construed as conferring any
189	189	water rights on the District, or as fixing any priority of rights,
190	190	but said District shall obtain its water rights by application to
191	191	and permit from the Texas Water Rights Commission as provided by
192	192	General Statute; and nothing herein shall be construed as
193	193	authorizing the District to make any regulation of the withdrawal
194	194	of underground waters. To the extent the provisions of General Law
195	195	which are adopted by reference in this Act may be in conflict with
196	196	the express provisions of this Act, the provisions of this Act shall
197	197	prevail unless the General Law is made cumulative. The rights,
198	198	powers, privileges, authority, and functions granted to the
199	199	District under this Act, and the District itself, are expressly
200	200	subject to Chapters 5, 7, 11, 12, 17, 26, and 30 [5, 6 and 21], Water
201	201	Code, and Chapter 366, Health and Safety Code.
202	202	SECTION 3. Section 4, Chapter 75, Acts of the 43rd
203	203	Legislature, 1st Called Session, 1933, is amended to read as
204	204	follows:
205	205	Sec. 4. (a) The powers, rights, privileges and functions of
206	206	the District shall be exercised by a board of nine (9) directors
207	207	(herein called the Board), which is a state board of a state agency
208	208	as contemplated by Section 30a of Article XVI, Constitution of
209	209	Texas. Each member of the Board shall be a freehold property
210	210	taxpayer of the State of Texas and shall reside in one of the
211	211	counties which is included within the boundaries of the District,
212	212	but only one director shall be appointed from any county. The
213	213	directors shall be appointed by the Governor from nominations
214	214	furnished him by the Texas Water Rights Commission and the
215	215	appointments confirmed by the Senate as in other cases of
216	216	appointments by the Governor. Of the directors first appointed,
217	217	three (3) shall hold office for a term expiring February l, 1937,
218	218	three (3) for a term expiring February l, 1939, and three (3) for a
219	219	term expiring February l, 1941. Thereafter, directors shall hold
220	220	office for a term of six (6) years. Each director shall hold office
221	221	until the expiration of the term for which he was appointed and
222	222	thereafter, until his successor shall have been appointed and
223	223	qualified unless sooner removed as in this Act provided. Any
224	224	director may be removed by the authority which appointed him for
225	225	inefficiency, neglect of duty or misconduct in office, after at
226	226	least ten (10) days' written notice of the charge against him and an
227	227	opportunity to be heard in person or by counsel at public hearing. A
228	228	vacancy resulting from the death, resignation or removal of any
229	229	director shall be filled by the authority which appointed him for
230	230	the unexpired term. Each director shall qualify by taking the
231	231	official oath of office prescribed by General Statute.
232	232	[(a) Each director shall receive Twenty-five Dollars ($25)
233	233	per day, or such amount as may hereafter be prescribed by general
234	234	law, for each day spent in attending meetings of the Board, and any
235	235	other business of the District that the Board thinks necessary,
236	236	plus actual traveling and other expenses.]
237	237	(b) Until the adoption of by-laws fixing the time and place
238	238	of regular meetings and the manner in which special meetings may be
239	239	called, meetings of the Board shall be held at such times and places
240	240	as five (5) of the directors may designate in writing. Five (5)
241	241	directors shall constitute a quorum at any meeting and, except as
242	242	otherwise provided, in this Act or in the by-laws, all action may be
243	243	taken by the affirmative vote of a majority of the directors present
244	244	at any such meeting, except that no contracts which involve any
245	245	amount greater than Ten Thousand Dollars ($10,000) or which is to
246	246	run for a period longer than a year, and no bonds, notes or other
247	247	evidence of indebtedness and no amendment of the by-laws shall be
248	248	valid unless authorized or ratified by the affirmative vote of at
249	249	least five (5) directors.
250	250	SECTION 4. Chapter 75, Acts of the 43rd Legislature, 1st
251	251	Called Session, 1933, is amended by adding Section 4A to read as
252	252	follows:
253	253	Sec. 4A. (a) A person who is appointed to and qualifies for
254	254	office as a director may not vote, deliberate, or be counted as a
255	255	director in attendance at a Board meeting until the person
256	256	completes a training program that complies with this section.
257	257	(b) The training program must provide the person with
258	258	information regarding:
259	259	(1) the law governing District operations;
260	260	(2) the programs, functions, rules, and budget of the
261	261	District;
262	262	(3) the scope of and limitations on the rulemaking
263	263	authority of the District;
264	264	(4) the results of the most recent formal audit of the
265	265	District;
266	266	(5) the requirements of:
267	267	(A) laws relating to open meetings, public
268	268	information, administrative procedure, and disclosure of conflicts
269	269	of interest; and
270	270	(B) other laws applicable to members of the
271	271	governing body of a river authority in performing their duties; and
272	272	(6) any applicable ethics policies adopted by the
273	273	District or the Texas Ethics Commission.
274	274	(c) A person appointed to the Board is entitled to
275	275	reimbursement for the travel expenses incurred in attending the
276	276	training program regardless of whether the attendance at the
277	277	program occurs before or after the person qualifies for office.
278	278	(d) The general manager shall create a training manual that
279	279	includes the information required by Subsection (b) of this
280	280	section. The general manager shall distribute a copy of the
281	281	training manual annually to each director. Each director shall
282	282	sign and submit to the general manager a statement acknowledging
283	283	that the director has received the training manual.
284	284	SECTION 5. Section 5, Chapter 75, Acts of the 43rd
285	285	Legislature, 1st Called Session, 1933, is amended to read as
286	286	follows:
287	287	Sec. 5. The Governor shall designate a member of the Board
288	288	as the presiding officer of the Board to serve in that capacity at
289	289	the pleasure of the Governor. The Board shall select a Secretary
290	290	who shall keep true and complete records of all proceedings of the
291	291	Board. Until the appointment of a Secretary, or in the event of his
292	292	absence or inability to act, a secretary pro tem shall be selected
293	293	by the Board. The Board shall also select a General Manager, who
294	294	shall be the chief executive officer of the District, and a
295	295	treasurer. All such officers shall have such powers and duties,
296	296	shall hold office for such term and be subject to removal in such
297	297	manner as may be provided in the by-laws. The Board shall fix the
298	298	compensation of such officers. The Board may appoint such
299	299	officers, agents and employees, fix their compensation and term of
300	300	office and the method by which they may be removed, and delegate to
301	301	them such of its power and duties as it may deem proper.
302	302	SECTION 6. Chapter 75, Acts of the 43rd Legislature, 1st
303	303	Called Session, 1933, is amended by adding Section 5A to read as
304	304	follows:
305	305	Sec. 5A. The Board shall develop and implement policies
306	306	that clearly separate the policymaking responsibilities of the
307	307	Board and the management responsibilities of the general manager
308	308	and the staff of the District.
309	309	SECTION 7. Section 11, Chapter 75, Acts of the 43rd
310	310	Legislature, 1st Called Session, 1933, is amended to read as
311	311	follows:
312	312	Sec. 11. The District shall have power and is hereby
313	313	authorized to issue, from time to time, bonds or notes as herein
314	314	authorized for any corporate purpose. Such bonds or notes
315	315	(hereinafter called 'bonds') may either be (1) sold for cash, at
316	316	public or private sale, at such price or prices as the Board shall
317	317	determine, provided that the interest cost of the money received
318	318	therefor, computed to maturity, shall not exceed ten (10) percent
319	319	per annum, or (2) may be issued on such terms as the Board shall
320	320	determine in exchange for property of any kind, real, personal or
321	321	mixed or any interest therein which the Board shall deem necessary
322	322	or convenient for any such corporate purpose, or (3) may be issued
323	323	in exchange for like principal amounts of other obligations of the
324	324	District, matured or unmatured. The proceeds of sale of such bonds
325	325	shall be deposited in such bank or banks or trust company or trust
326	326	companies, and shall be paid out pursuant to such terms and
327	327	conditions, as may be agreed upon between the District and the
328	328	purchasers of such bonds. All such bonds shall be authorized by
329	329	resolution or resolutions of the Board concurred in by at least five
330	330	(5) of the members thereof, and shall bear such date or dates,
331	331	mature at such time or times, bear interest at such rate or rates
332	332	which may be fixed, variable, floating or otherwise (not exceeding
333	333	ten (10) per centum per annum), payable annually, semiannually or
334	334	otherwise, be in such denominations, be in such form, either coupon
335	335	or registered, carry such registration privileges as to principal
336	336	only or as to both principal and interest, and as to exchange of
337	337	coupon bonds for registered bonds or vice versa, and exchange of
338	338	bonds of one denomination for bonds of other denominations, be
339	339	executed in such manner and be payable at such place or places
340	340	within or without the State of Texas, as such resolution or
341	341	resolutions may provide. Any resolution or resolutions authorizing
342	342	any bonds may contain provisions, which shall be part of the
343	343	contract between the District and the holders thereof from time to
344	344	time.
345	345	(a) Reserving the right to redeem such bonds or requiring
346	346	the redemption of such bonds, at such time or times, in such amounts
347	347	and at such prices, not exceeding one hundred and five per centum
348	348	(105%) of the principal amount thereof, plus accrued interest, as
349	349	may be provided;
350	350	(b) Providing for the setting aside of sinking funds or
351	351	reserve funds and the regulation and disposition thereof;
352	352	(c) Pledging to secure the payment of the principal of and
353	353	interest on such bonds and of the sinking fund or reserve fund
354	354	payments agreed to be made in respect of such bonds all or any part
355	355	of the gross or net revenues thereafter received by the District in
356	356	respect of the property, real, personal or mixed, to be acquired
357	357	and/or constructed with such bonds or the proceeds thereof, or all
358	358	or any part of the gross or net revenues thereafter, received by the
359	359	District from whatever source derived;
360	360	(d) Prescribing the purposes to which such bonds or any
361	361	bonds thereafter to be issued, or the proceeds thereof, may be
362	362	applied;
363	363	(e) Agreeing to fix and collect rates and charges sufficient
364	364	to produce revenues adequate to pay the items specified in
365	365	subdivisions (a), (b), (c), (d), and (e) of Section 9 hereof, and
366	366	prescribing the use and disposition of all revenues;
367	367	(f) Prescribing limitations upon the issuance of additional
368	368	bonds and subordinate lien bonds and upon the agreements which may
369	369	be made with the purchasers and successive holders thereof;
370	370	(g) With regard to the construction, extension,
371	371	improvement, reconstruction, operation, maintenance and repair of
372	372	the properties of the District and carrying of insurance upon all or
373	373	any part of said properties covering loss or damage or loss of use
374	374	and occupancy resulting from specified risks;
375	375	(h) Fixing the procedure, if any, by which, if the District
376	376	shall so desire, the terms of any contract with the holders of such
377	377	bonds may be amended or abrogated, the amount of bonds the holders
378	378	of which must consent thereto, and the manner in which such consent
379	379	may be given;
380	380	(i) For the execution and delivery by the District to a bank
381	381	or trust company authorized by law to accept trusts, or to the
382	382	United States of America or any officer or agency thereof, of [or]
383	383	indentures and agreements for the benefit of the holders of such
384	384	bonds setting forth any or all of the agreements herein authorized
385	385	to be made with or for the benefit of the holders of such bonds and
386	386	such other provisions as may be customary in such indentures or
387	387	agreements; and
388	388	(j) Such other provisions, not inconsistent with the
389	389	provisions of this Act, as the Board may approve.
390	390	(1) Any such resolution and any indenture or agreement
391	391	entered into pursuant thereto may provide that in the event that:
392	392	(a) default shall be made in the payment of the
393	393	interest on any or all bonds when and as the same shall become due
394	394	and payable, or;
395	395	(b) default shall be made in the payment of the
396	396	principal of any or all bonds when and as the same shall become due
397	397	and payable, whether at the maturity thereof, by call for
398	398	redemption or otherwise, or;
399	399	(c) default shall be made in the performance of
400	400	any agreement made with the purchasers or successive holders of any
401	401	bonds;
402	402	(2) And such default shall have continued such period,
403	403	if any, as may be prescribed by said resolution in respect thereof,
404	404	the trustee under the indenture or indentures entered into in
405	405	respect of the bonds authorized thereby, or, if there shall be no
406	406	such indenture, a trustee appointed in the manner provided in such
407	407	resolution or resolutions by the holders of twenty-five per centum
408	408	(25%) in aggregate principal amount of the bonds authorized thereby
409	409	and at that time outstanding, and upon the written request of the
410	410	holders of twenty-five per centum (25%) in aggregate principal
411	411	amount of the bonds authorized by such resolution or resolutions at
412	412	the time outstanding, shall, in his or its own name, but for the
413	413	equal and proportionate benefit of the holders of all the such
414	414	bonds; and with or without having possession thereof;
415	415	(a) by mandamus or other suit, action or
416	416	proceeding at law or in equity, enforce all rights of the holders of
417	417	such bonds;
418	418	(b) bring suit upon such bonds and/or the
419	419	appurtenant coupons;
420	420	(c) by action or suit in equity, require the
421	421	District to account as if it were the trustee of an express trust
422	422	for the bondholders;
423	423	(d) by action or suit in equity, enjoin any acts
424	424	or things which may be unlawful or in violation of the rights of the
425	425	holders of such bonds, and/or;
426	426	(e) after such notice of the District as such
427	427	resolution may provide, declare the principal of all of such bonds
428	428	due and payable, and if all defaults shall have been made good, then
429	429	with the written consent of the holders of twenty-five (25) per
430	430	centum in aggregate principal amount of such bonds at the time
431	431	outstanding, annul such declaration and its consequences;
432	432	provided, however, that the holders of more than a majority in
433	433	principal amount of the bonds authorized thereby and at the time
434	434	outstanding shall by [be] instrument or instruments in writing
435	435	delivered to such trustee have the right to direct and control any
436	436	and all action taken or to be taken by such trustee under this
437	437	paragraph. Any such resolution, indenture or agreement may provide
438	438	that in any such suit, action, or proceeding, any such trustee,
439	439	whether or not all of such bonds shall have been declared due and
440	440	payable, and with or without possession of any thereof, shall be
441	441	entitled as of right to the appointment of a receiver who may enter
442	442	and take possession of all or any part of the properties of the
443	443	District, and operate and maintain the same, and fix, collect, and
444	444	receive rates and charges sufficient to provide revenues adequate
445	445	to pay the items set forth in subparagraphs (a), (b), (c), (d) and
446	446	(e) of Section 9 hereof and the costs and disbursements of such
447	447	suit, action or proceeding, and to apply such revenues in
448	448	conformity with the provisions of this Act and the resolution or
449	449	resolutions authorizing such bonds. In any suit, action or
450	450	proceeding by any such trustee, the reasonable fees, counsel fees
451	451	and expenses of such trustee and of the receiver or receivers, if
452	452	any, shall constitute taxable disbursements and all costs and
453	453	disbursements allowed by the Court shall be a first charge upon any
454	454	revenues pledged to secure the payment of such bonds. Subject to
455	455	the provisions of the Constitution of the State of Texas, the courts
456	456	of the County of Comal shall have jurisdiction of any suit, action
457	457	or proceeding by any such trustee on behalf of the bondholders and
458	458	of all property involved therein. In addition to the powers
459	459	hereinabove specifically provided for, each such trustee shall have
460	460	and possess all powers necessary or appropriate [appropriated] for
461	461	the exercise of any thereof, or incident to the general
462	462	representation of the bondholders in the enforcement of their
463	463	rights.
464	464	(3) Pending the issuance of definitive bonds, the
465	465	District is authorized to make and issue interim bonds. The interim
466	466	bonds so issued will be taken up with the proceeds of the definitive
467	467	bonds, or the definitive bonds may be issued and delivered in
468	468	exchange for and in substitution of such interim bonds. After any
469	469	such exchange and substitution the District shall file proper
470	470	certificates with the Comptroller of Public Accounts of the State
471	471	of Texas as to such exchange, substitution and cancellation, and
472	472	such certificates shall be recorded by the Comptroller of Public
473	473	Accounts in the same manner as the record of proceedings
474	474	authorizing the issuance of the bonds. The District is also
475	475	authorized to make and issue temporary bonds for the purpose of
476	476	interim financing and to make agreements or other provision to
477	477	refinance such temporary bonds with bonds to provide permanent
478	478	financing at such time, in such manner and on such conditions as may
479	479	be determined by the Board.
480	480	(4) Before any bonds shall be sold by the District, a
481	481	certified copy of the proceedings for the issuance thereof,
482	482	including the form of such bonds, together with any other
483	483	information which the Attorney General of the State of Texas may
484	484	require, shall be submitted to the Attorney General, and if he shall
485	485	find that such bonds have been issued in accordance with law, and if
486	486	he shall approve such bonds, he shall execute a certificate to that
487	487	effect which shall be filed in the office of the Comptroller of the
488	488	State of Texas and be recorded in a record kept for that purpose. No
489	489	bonds shall be issued until the same shall have been registered by
490	490	the Comptroller, who shall so register the same if the Attorney
491	491	General shall have filed with the Comptroller his certificate
492	492	approving the bonds and the proceedings for the issuance thereof as
493	493	hereinabove provided.
494	494	(5) All bonds approved by the Attorney General as
495	495	aforesaid, and registered by the Comptroller as aforesaid, and
496	496	issued in accordance with the proceedings so approved shall be
497	497	valid and binding obligations of the District and shall be
498	498	incontestable for any cause from and after the time of such
499	499	registration.
500	500	(6) If any bonds recite that they are secured by a
501	501	pledge of the proceeds of a contract, lease, sale or other agreement
502	502	(herein called 'contract'), a copy of such contract and the
503	503	proceedings of the contracting parties will also be submitted to
504	504	the Attorney General. If such bonds have been authorized and such
505	505	contracts made in compliance with law, the Attorney General shall
506	506	approve the bonds and contracts, and the bonds shall then be
507	507	registered by the Comptroller of Public Accounts. When so
508	508	approved, such bonds and the contracts shall be valid and binding
509	509	and shall be incontestable for any cause from and after the time of
510	510	such registration.
511	511	(7) The District is authorized to make and issue bonds
512	512	or notes (herein called 'refunding bonds') for the purpose of
513	513	refunding or refinancing any outstanding bonds or notes authorized
514	514	and issued by the District pursuant to this Act or other law (herein
515	515	called 'bonds') and the interest and premium, if any, thereon to
516	516	maturity or on any earlier redemption date specified in the
517	517	resolution authorizing the issuance of the refunding bonds. Such
518	518	refunding bonds may be issued to refund more than one series of
519	519	outstanding bonds, may combine the pledges of the outstanding bonds
520	520	for the security of the refunding bonds or may be secured by other
521	521	or additional revenues. All provisions of this Act with reference
522	522	to the issuance of bonds, the terms and provisions thereof, their
523	523	approval by the Attorney General, and the remedies of the
524	524	bondholders shall be applicable to refunding bonds. Refunding
525	525	bonds shall be registered by the Comptroller upon surrender and
526	526	cancellation of the bonds to be refunded, but in lieu thereof, the
527	527	resolution authorizing the issuance of refunding bonds may provide
528	528	that they shall be sold and the proceeds thereof deposited at the
529	529	places at which the original bonds are payable, in which case the
530	530	refunding bonds may be issued in an amount sufficient to pay the
531	531	interest and premium, if any, on the original bonds to their
532	532	maturity date or specified earlier redemption date, and the
533	533	Comptroller will register them without concurrence, surrender and
534	534	cancellation of the original bonds. The District may also refund
535	535	any outstanding bonds in the manner provided by any applicable
536	536	General Law.
537	537	SECTION 8. Chapter 75, Acts of the 43rd Legislature, 1st
538	538	Called Session, 1933, is amended by adding Sections 23, 24, and 25
539	539	to read as follows:
540	540	Sec. 23. (a) The Board shall develop a policy to encourage
541	541	the use of:
542	542	(1) negotiated rulemaking procedures under Chapter
543	543	2008, Government Code, for the adoption of District rules; and
544	544	(2) appropriate alternative dispute resolution
545	545	procedures under Chapter 2009, Government Code, to assist in the
546	546	resolution of internal and external disputes under the District's
547	547	jurisdiction.
548	548	(b) The District's procedures relating to alternative
549	549	dispute resolution must conform, to the extent possible, to any
550	550	model guidelines issued by the State Office of Administrative
551	551	Hearings for the use of alternative dispute resolution by state
552	552	agencies.
553	553	(c) The District shall:
554	554	(1) coordinate the implementation of the policy
555	555	adopted under Subsection (a) of this section;
556	556	(2) provide training as needed to implement the
557	557	procedures for negotiated rulemaking or alternative dispute
558	558	resolution; and
559	559	(3) collect data concerning the effectiveness of those
560	560	procedures.
561	561	Sec. 24. (a) The Board shall develop and implement policies
562	562	that provide the public with a reasonable opportunity to appear
563	563	before the Board and to speak on any issue under the jurisdiction of
564	564	the District.
565	565	(b) At each regular meeting of the Board, the Board shall
566	566	include public testimony as a meeting agenda item and allow members
567	567	of the public to comment on other agenda items and other matters
568	568	under the jurisdiction of the District. The Board may not
569	569	deliberate on or decide a matter not included in the meeting agenda,
570	570	except that the Board may discuss including the matter on the agenda
571	571	for a subsequent meeting.
572	572	Sec. 25. (a) The District shall maintain a system to
573	573	promptly and efficiently act on complaints filed with the District.
574	574	The District shall maintain information about the parties to and
575	575	subject matter of the complaint, a summary of the results of the
576	576	review or investigation of the complaint, and the disposition of
577	577	the complaint.
578	578	(b) The District shall make information available
579	579	describing its procedures for complaint investigation and
580	580	resolution.
581	581	(c) The District shall periodically notify the complaint
582	582	parties of the status of the complaint until final disposition.
583	583	SECTION 9. Section 8, Chapter 75, Acts of the 43rd
584	584	Legislature, 1st Called Session, 1933, is repealed.
585	585	SECTION 10. (a) The term of the president of the board of
586	586	directors of the Guadalupe-Blanco River Authority serving on the
587	587	effective date of this Act expires September 1, 2019. The director
588	588	serving as president on the effective date of this Act may continue
589	589	to serve on the board of directors until the expiration of that
590	590	director's term.
591	591	(b) Not later than September 2, 2019, the governor shall
592	592	designate a director as president of the board of directors of the
593	593	Guadalupe-Blanco River Authority as required by Section 5, Chapter
594	594	75, Acts of the 43rd Legislature, 1st Called Session, 1933, as
595	595	amended by this Act.
596	596	SECTION 11. (a) Notwithstanding Section 4A(a), Chapter 75,
597	597	Acts of the 43rd Legislature, 1st Called Session, 1933, as added by
598	598	this Act, a person serving on the board of directors of the
599	599	Guadalupe-Blanco River Authority may vote, deliberate, and be
600	600	counted as a director in attendance at a meeting of the board until
601	601	December 1, 2019.
602	602	(b) This section expires January 1, 2020.
603	603	SECTION 12. The repeal by this Act of Section 8, Chapter 75,
604	604	Acts of the 43rd Legislature, 1st Called Session, 1933, does not
605	605	apply to an offense committed before the effective date of this Act.
606	606	An offense committed before the effective date of this Act is
607	607	governed by the law as it existed on the date the offense was
608	608	committed, and the former law is continued in effect for that
609	609	purpose. For purposes of this section, an offense was committed
610	610	before the effective date of this Act if any element of the offense
611	611	occurred before that date.
612	612	SECTION 13. (a) The legal notice of the intention to
613	613	introduce this Act, setting forth the general substance of this
614	614	Act, has been published as provided by law, and the notice and a
615	615	copy of this Act have been furnished to all persons, agencies,
616	616	officials, or entities to which they are required to be furnished
617	617	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
618	618	Government Code.
619	619	(b) The governor, one of the required recipients, has
620	620	submitted the notice and Act to the Texas Commission on
621	621	Environmental Quality.
622	622	(c) The Texas Commission on Environmental Quality has filed
623	623	its recommendations relating to this Act with the governor, the
624	624	lieutenant governor, and the speaker of the house of
625	625	representatives within the required time.
626	626	(d) All requirements of the constitution and laws of this
627	627	state and the rules and procedures of the legislature with respect
628	628	to the notice, introduction, and passage of this Act are fulfilled
629	629	and accomplished.
630	630	SECTION 14. This Act takes effect September 1, 2019.