Texas 2019 - 86th Regular

Texas Senate Bill SB625 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 625
	1	+	By: Birdwell, et al. S.B. No. 625
	2	+	(Thompson of Harris)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the Nueces River Authority, following recommendations
6	8		of the Sunset Advisory Commission.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Sections 1.02(6), (7), (8), and (9), Chapter
9	11		427, Acts of the 44th Legislature, 1st Called Session, 1935, are
10	12		amended to read as follows:
11	13		(6) "Commission" means the Texas Commission on
12	14		Environmental Quality [Water Rights Commission].
13	15		(7) ["Quality board" means the Texas Water Quality
14	16		Board.
15	17		[(8)] "Development board" means the Texas Water
16	18		Development Board.
17	19		(8) [(9)] "Waste" means sewage, industrial waste,
18	20		municipal waste, recreational waste, agricultural waste, waste
19	21		heat, solid waste, or any other waste.
20	22		SECTION 2. Section 1.02A(a), Chapter 427, Acts of the 44th
21	23		Legislature, 1st Called Session, 1935, is amended to read as
22	24		follows:
23	25		(a) The authority is subject to review under Chapter 325,
24	26		Government Code (Texas Sunset Act), but may not be abolished under
25	27		that chapter. The review shall be conducted under Section 325.025,
26	28		Government Code, as if the authority were a state agency scheduled
27	29		to be abolished September 1, 2031 [2019], and every 12th year after
28	30		that year.
29	31		SECTION 3. Section 2.02(c), Chapter 427, Acts of the 44th
30	32		Legislature, 1st Called Session, 1935, is amended to read as
31	33		follows:
32	34		(c) If the directors find any land included in the field
33	35		notes other than land in San Patricio, Nueces, and Jim Wells
34	36		counties, which is not actually included in the watershed of the
35	37		Nueces River, the board shall exclude the land from the authority
36	38		and file a certificate of exclusion with the county clerk of the
37	39		county in which the land is located. The certificate of exclusion
38	40		shall describe the boundaries of the land excluded so that the land
39	41		remaining in the authority may be adequately identified.
40	42		SECTION 4. Section 2.03(i), Chapter 427, Acts of the 44th
41	43		Legislature, 1st Called Session, 1935, is amended to read as
42	44		follows:
43	45		(i) The governor shall designate a member of the board as
44	46		the president of the board to serve in that capacity at the pleasure
45	47		of the governor. The board shall elect [a president,] one or more
46	48		vice-presidents, a secretary, a treasurer, and such other officers
47	49		as the members of the board may determine in the bylaws or
48	50		otherwise. The [president,] vice-presidents, secretary, and
49	51		treasurer shall be members of the board, but other officers need not
50	52		be members of the board. The offices of secretary and treasurer may
51	53		be combined, as may the offices of assistant secretary and
52	54		assistant treasurer.
53	55		SECTION 5. Subchapter 2, Chapter 427, Acts of the 44th
54	56		Legislature, 1st Called Session, 1935, is amended by adding Section
55	57		2.03A to read as follows:
56	58		Sec. 2.03A. DIRECTOR TRAINING. (a) A person who is
57	59		appointed to and qualifies for office as a director may not vote,
58	60		deliberate, or be counted as a director in attendance at a board
59	61		meeting until the person completes a training program that complies
60	62		with this section.
61	63		(b) The training program must provide the person with
62	64		information regarding:
63	65		(1) the law governing authority operations;
64	66		(2) the programs, functions, rules, and budget of the
65	67		authority;
66	68		(3) the results of the most recent formal audit of the
67	69		authority;
68	70		(4) the requirements of:
69	71		(A) laws relating to open meetings, public
70	72		information, administrative procedure, and disclosure of conflicts
71	73		of interest; and
72	74		(B) other laws applicable to members of the
73	75		governing body of a river authority in performing their duties; and
74	76		(5) any applicable ethics policies adopted by the
75	77		authority or the Texas Ethics Commission.
76	78		(c) A person appointed to the board is entitled to
77	79		reimbursement for the travel expenses incurred in attending the
78	80		training program regardless of whether the attendance at the
79	81		program occurs before or after the person qualifies for office.
80	82		(d) The executive director shall create a training manual
81	83		that includes the information required by Subsection (b) of this
82	84		section. The executive director shall distribute a copy of the
83	85		training manual annually to each director. Each director shall
84	86		sign and submit to the executive director a statement acknowledging
85	87		that the director has received and reviewed the training manual.
86	88		SECTION 6. Section 2.05, Chapter 427, Acts of the 44th
87	89		Legislature, 1st Called Session, 1935, is amended by amending
88	90		Subsection (a) and adding Subsection (c) to read as follows:
89	91		(a) A director is entitled to receive an allowance in an
90	92		amount not exceeding that provided under Section 49.060, Water Code
91	93		[general law of the State of Texas and reimbursement for actual and
92	94		necessary expenses incurred:
93	95		[(1) for each day he spends attending meetings of the
94	96		board; and
95	97		[(2) for each day he spends attending to the business
96	98		of the authority which is authorized by the board].
97	99		(c) In all areas of conflict with this section, Section
98	100		49.060, Water Code, takes precedence.
99	101		SECTION 7. Subchapter 2, Chapter 427, Acts of the 44th
100	102		Legislature, 1st Called Session, 1935, is amended by adding
101	103		Sections 2.06A and 2.08A to read as follows:
102	104		Sec. 2.06A. PUBLIC TESTIMONY. (a) The board shall develop
103	105		and implement policies that provide the public with a reasonable
104	106		opportunity to appear before the board and to speak on any issue
105	107		under the jurisdiction of the authority.
106	108		(b) At each regular meeting of the board, the board shall
107	109		include public testimony as a meeting agenda item and allow members
108	110		of the public to comment on other agenda items and other matters
109	111		under the jurisdiction of the authority. The board may not
110	112		deliberate on or decide a matter not included in the meeting agenda,
111	113		except that the board may discuss including the matter on the agenda
112	114		for a subsequent meeting.
113	115		Sec. 2.08A. SEPARATION OF POLICY AND MANAGEMENT
114	116		RESPONSIBILITIES. The board shall develop and implement policies
115	117		that clearly separate the policymaking responsibilities of the
116	118		board and the management responsibilities of the executive director
117	119		and the staff of the authority.
118	120		SECTION 8. Sections 3.02, 3.05, and 3.08, Chapter 427, Acts
119	121		of the 44th Legislature, 1st Called Session, 1935, are amended to
120	122		read as follows:
121	123		Sec. 3.02. CONTROL AND EMPLOYMENT OF WATERS. (a) Subject
122	124		to the provisions of the constitution and statutes of the state and
123	125		the continuing right of supervision of the state through the
124	126		commission, the Nueces River Authority has and may exercise
125	127		authority and power over the storm water and floodwater of the
126	128		Nueces River Basin, subject to the applicable provisions of
127	129		Chapters 5, 11, and 12 [6], Water Code[, as amended].
128	130		(b) Subject to Chapters 5, 11, and 12 [6], Water Code, [as
129	131		amended,] the authority may exercise the powers of control and
130	132		employment of the state's water in the manner and for the particular
131	133		purposes as follows:
132	134		(1) to provide for the control and coordination of
133	135		water use in the Nueces River Basin as a unit;
134	136		(2) to provide by adequate organization and
135	137		administration for the preservation of the rights of the people of
136	138		the different sections of the river basin in the beneficial use of
137	139		water;
138	140		(3) to provide for conserving storm, flood, and
139	141		unappropriated flow water of the Nueces River Basin, including the
140	142		storing, controlling, transporting, treating, and distributing of
141	143		such water, and the prevention of the escape of any such water
142	144		without the maximum of public service and for the prevention of
143	145		devastation of land from recurrent overflows, and the protection of
144	146		life and property in the river basin from uncontrolled floodwater;
145	147		(4) to provide for the conservation of water essential
146	148		for domestic and other water uses of the people of the Nueces River
147	149		Basin, including all necessary water supplies for cities, towns,
148	150		and industrial districts;
149	151		(5) to provide for the irrigation of land in the Nueces
150	152		River Basin where irrigation is required for agricultural purposes
151	153		or may be deemed helpful to more profitable agricultural production
152	154		and for the equitable distribution of storm, flood, and
153	155		unappropriated flow water to the regional potential requirements
154	156		for all uses; all plans and all works provided by the authority and
155	157		all works which may be provided under authorization of the
156	158		authority should have primary regard to the necessary and potential
157	159		needs for water, by or within the respective areas constituting the
158	160		watershed of the Nueces River and its tributary streams;
159	161		(6) to provide for the encouragement and development
160	162		of drainage systems and provisions for drainage of land in the
161	163		valleys of the Nueces River and its tributary streams needing
162	164		drainage for profitable agricultural and livestock production and
163	165		industrial activities and drainage of other land in the watershed
164	166		area of the authority requiring drainage for the most advantageous
165	167		use;
166	168		(7) to provide for the conservation of all soils
167	169		against destructive erosion, thereby preventing the increased
168	170		flood menace incident thereto;
169	171		(8) to control and make available for employment,
170	172		flood, storm, and unappropriated flow water as may be authorized by
171	173		the commission, in the development of commercial and industrial
172	174		enterprises in all sections of the watershed area of the authority;
173	175		(9) to provide as set forth by Chapters 5, 11, and 12
174	176		[6], Water Code, [as amended,] for the control, storing, and
175	177		employment of flood, storm, and unappropriated flow water in the
176	178		development and distribution of hydroelectric power, where this use
177	179		may be economically coordinated with other and superior uses, and
178	180		subordinated to the uses declared by law to be superior; and
179	181		(10) to provide in the manner set forth in Chapters 5,
180	182		11, and 12 [6], Water Code, [as amended,] for each and every purpose
181	183		and use for which flood, storm, and unappropriated flow water when
182	184		controlled and conserved may be utilized in the performance of a
183	185		useful service as contemplated and authorized by the provisions of
184	186		the constitution and statutes.
185	187		(c) Subject to Chapters 5, 11, and 12 [6], Water Code, [as
186	188		amended,] the authority may control, store, and preserve the water
187	189		of the Nueces River and its tributaries within the boundaries of the
188	190		authority for any useful purpose, and may use, distribute, and sell
189	191		the water for any beneficial purpose inside and outside the
190	192		authority, and may acquire water and water rights inside and
191	193		outside the authority.
192	194		Sec. 3.05. WATER QUALITY CONTROL. (a) The authority has
193	195		and may exercise all of the powers vested in river authorities under
194	196		Chapters 5, 7, 17, 26, and 30, [Chapter 21 of the] Water Code, [as
195	197		amended,] and Chapter 366, Health and Safety Code [25 of the Water
196	198		Code, as amended].
197	199		(b) The authority is authorized to perform the licensing and
198	200		other functions authorized to be delegated to local governments by
199	201		the commission [quality board] in connection with the regulation of
200	202		private sewage facilities under Chapter 366, Health and Safety
201	203		[Section 21.083, Water] Code.
202	204		(c) The authority may serve as the entity to provide
203	205		regional or area-wide waste collection, treatment, and disposal
204	206		services, as provided in Subchapter C [D], Chapter 26 [21], Water
205	207		Code.
206	208		Sec. 3.08. PERMITS AND LICENSES. In the manner provided by
207	209		Chapters 5, 11, and 12 [6], Water Code, the [as amended, the
208	210		authority shall apply for any permits, licenses, franchises, and
209	211		other grants of authority it may require from the commission. The]
210	212		authority may apply for any permits, licenses, franchises, and
211	213		other grants of authority it may require from the commission
212	214		[quality board], the development board, or any other federal,
213	215		state, or local governmental agencies in exercising its powers and
214	216		accomplishing the purposes under this Act.
215	217		SECTION 9. Section 3.15(i), Chapter 427, Acts of the 44th
216	218		Legislature, 1st Called Session, 1935, is amended to read as
217	219		follows:
218	220		(i) The provisions of this section do not prohibit the
219	221		authority from purchasing or acquiring land or interests in land
220	222		from any person, or from acquiring, constructing, or improving
221	223		pollution control or waste collection and disposal facilities in
222	224		accordance with Chapter 30 [25], Water Code, [as amended,] the
223	225		Clean Air Financing Act (Chapter 4477-5a, Vernon's Texas Civil
224	226		Statutes), or other applicable statutes, or purchasing or acquiring
225	227		surplus property from any governmental entity by negotiated
226	228		contract and without necessity for advertising for bids.
227	229		SECTION 10. Subchapter 3, Chapter 427, Acts of the 44th
228	230		Legislature, 1st Called Session, 1935, is amended by adding Section
229	231		3.18A to read as follows:
230	232		Sec. 3.18A. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
231	233		(a) The board shall develop a policy to encourage the use of
232	234		appropriate alternative dispute resolution procedures under
233	235		Chapter 2009, Government Code, to assist in the resolution of
234	236		internal and external disputes under the authority's jurisdiction.
235	237		(b) The authority's procedures relating to alternative
236	238		dispute resolution must conform, to the extent possible, to any
237	239		model guidelines issued by the State Office of Administrative
238	240		Hearings for the use of alternative dispute resolution by state
239	241		agencies.
240	242		(c) The authority shall:
241	243		(1) coordinate the implementation of the policy
242	244		adopted under Subsection (a) of this section;
243	245		(2) provide training as needed to implement the
244	246		procedures for alternative dispute resolution; and
245	247		(3) collect data concerning the effectiveness of those
246	248		procedures.
247	249		SECTION 11. Sections 3.22A and 3.23, Chapter 427, Acts of
248	250		the 44th Legislature, 1st Called Session, 1935, are amended to read
249	251		as follows:
250	252		Sec. 3.22A. CONSERVATION PROGRAM. The board shall adopt
251	253		and implement a program of water conservation that incorporates the
252	254		practices, techniques, and technologies that will reduce the
253	255		consumption of water, reduce the loss or waste of water, improve the
254	256		efficiency in the use of water, or increase the recycling and reuse
255	257		of water so that a water supply is made available for future or
256	258		alternative uses and that the commission and development board
257	259		determine [Texas Department of Water Resources determines] will
258	260		meet reasonably anticipated local needs and conditions.
259	261		Sec. 3.23. WORK WITH DEVELOPMENT BOARD. The authority has
260	262		and may exercise all the powers vested in political subdivisions
261	263		under Chapters 5, 16, and 17 [Chapter 11], Water Code, [as amended,]
262	264		including [without limitation] the powers necessary to enable the
263	265		authority to participate in:
264	266		(1) [the] programs administered by the development
265	267		board for:
266	268		(A) the acquisition and development of
267	269		facilities;[,]
268	270		(B) the sale or lease of facilities; and[,]
269	271		(C) financial assistance to political
270	272		subdivisions;[,] and
271	273		(2) other programs as are now or may hereafter be
272	274		authorized.
273	275		SECTION 12. Subchapter 3, Chapter 427, Acts of the 44th
274	276		Legislature, 1st Called Session, 1935, is amended by adding
275	277		Sections 3.27 and 3.28 to read as follows:
276	278		Sec. 3.27. COMPLAINTS. (a) The authority shall maintain a
277	279		system to promptly and efficiently act on complaints filed with the
278	280		authority. The authority shall maintain information about the
279	281		parties to and subject matter of the complaint, a summary of the
280	282		results of the review or investigation of the complaint, and the
281	283		disposition of the complaint.
282	284		(b) The authority shall make information available
283	285		describing its procedures for complaint investigation and
284	286		resolution.
285	287		(c) The authority shall periodically notify the complaint
286	288		parties of the status of the complaint until final disposition.
287	289		Sec. 3.28. FIVE-YEAR STRATEGIC PLAN. (a) The authority
288	290		shall adopt and promptly publish on the authority's Internet
289	291		website a written, five-year strategic plan that:
290	292		(1) sets the authority's goals for the following five
291	293		years;
292	294		(2) establishes the authority's mission; and
293	295		(3) describes the anticipated activities that the
294	296		authority will perform in the Nueces River Basin over the following
295	297		five years.
296	298		(b) The authority shall update the five-year strategic plan
297	299		regularly and publish the updated versions of the plan on the
298	300		authority's Internet website.
299	301		SECTION 13. Section 5.01(a), Chapter 427, Acts of the 44th
300	302		Legislature, 1st Called Session, 1935, is amended to read as
301	303		follows:
302	304		(a) For the purpose of carrying out any power or authority
303	305		conferred by this Act, including [the expense of] preparing the
304	306		master plan and [the] payment of engineering and related [other]
305	307		expenses [in connection with this], the authority may issue its
306	308		bonds in three general classes:
307	309		(1) bonds secured by ad valorem taxes;
308	310		(2) bonds secured by a pledge of all or part of the
309	311		revenues accruing to the authority, including without limitation
310	312		those received from sale of water or other products, rendition of
311	313		service, tolls, charges, and from all other sources other than ad
312	314		valorem taxes;
313	315		(3) bonds secured by a combination pledge of all or
314	316		part of the revenues described in Subdivision (2) of this
315	317		subsection, and taxes.
316	318		SECTION 14. Section 2, Chapter 699, Acts of the 64th
317	319		Legislature, Regular Session, 1975, is amended to read as follows:
318	320		Sec. 2. The rights, privileges, authority, and functions
319	321		herein granted to the authority and the authority itself are
320	322		expressly subject to Chapters 5, 7, 17 [6], and 26 [21], Water Code,
321	323		and Chapter 366, Health and Safety Code.
322	324		SECTION 15. Section 5.03, Chapter 427, Acts of the 44th
323	325		Legislature, 1st Called Session, 1935, is repealed.
324	326		SECTION 16. (a) The term of the president of the board of
325	327		directors of the Nueces River Authority serving on the effective
326	328		date of this Act expires September 1, 2019. The director serving as
327	329		president on the effective date of this Act may continue to serve on
328	330		the board of directors until the director's successor is appointed
329	331		and has qualified.
330	332		(b) Not later than September 2, 2019, the governor shall
331	333		designate a director as president of the board of directors of the
332	334		Nueces River Authority as required by Section 2.03(i), Chapter 427,
333	335		Acts of the 44th Legislature, 1st Called Session, 1935, as amended
334	336		by this Act.
335	337		SECTION 17. (a) Notwithstanding Section 2.03A, Chapter
336	338		427, Acts of the 44th Legislature, 1st Called Session, 1935, as
337	339		added by this Act, a person serving on the board of directors of the
338	340		Nueces River Authority may vote, deliberate, and be counted as a
339	341		director in attendance at a meeting of the board until December 1,
340	342		2019.
341	343		(b) This section expires January 1, 2020.
342	344		SECTION 18. (a) The legal notice of the intention to
343	345		introduce this Act, setting forth the general substance of this
344	346		Act, has been published as provided by law, and the notice and a
345	347		copy of this Act have been furnished to all persons, agencies,
346	348		officials, or entities to which they are required to be furnished
347	349		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
348	350		Government Code.
349	351		(b) The governor, one of the required recipients, has
350	352		submitted the notice and Act to the Texas Commission on
351	353		Environmental Quality.
352	354		(c) The Texas Commission on Environmental Quality has filed
353	355		its recommendations relating to this Act with the governor, the
354	356		lieutenant governor, and the speaker of the house of
355	357		representatives within the required time.
356	358		(d) All requirements of the constitution and laws of this
357	359		state and the rules and procedures of the legislature with respect
358	360		to the notice, introduction, and passage of this Act are fulfilled
359	361		and accomplished.
360	362		SECTION 19. This Act takes effect September 1, 2019.
361		-	______________________________ ______________________________
362		-	President of the Senate Speaker of the House
363		-	I hereby certify that S.B. No. 625 passed the Senate on
364		-	April 8, 2019, by the following vote: Yeas 30, Nays 0.
365		-	______________________________
366		-	Secretary of the Senate
367		-	I hereby certify that S.B. No. 625 passed the House on
368		-	April 26, 2019, by the following vote: Yeas 138, Nays 0,
369		-	two present not voting.
370		-	______________________________
371		-	Chief Clerk of the House
372		-	Approved:
373		-	______________________________
374		-	Date
375		-	______________________________
376		-	Governor