Texas 2019 - 86th Regular

Texas Senate Bill SB626 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 626
	1	+	By: Birdwell, et al. S.B. No. 626
	2	+	(Flynn)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the Guadalupe-Blanco River Authority; following the
6	8		recommendations of the Sunset Advisory Commission.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 1A(a), Chapter 75, Acts of the 43rd
9	11		Legislature, 1st Called Session, 1933, is amended to read as
10	12		follows:
11	13		(a) The District is subject to review under Chapter 325,
12	14		Government Code (Texas Sunset Act), but may not be abolished under
13	15		that chapter. The review shall be conducted under Section 325.025,
14	16		Government Code, as if the District were a state agency scheduled to
15	17		be abolished September 1, 2031 [2019], and every 12th year after
16	18		that year.
17	19		SECTION 2. Section 2, Chapter 75, Acts of the 43rd
18	20		Legislature, 1st Called Session, 1933, is amended to read as
19	21		follows:
20	22		Sec. 2. Except as expressly limited by this Act, the
21	23		District shall have and is hereby authorized to exercise all
22	24		powers, rights, privileges, and functions conferred by General Law,
23	25		now in force or hereafter enacted, upon any District or Districts
24	26		created pursuant to Section 59, of Article 16, of the Constitution
25	27		of the State of Texas (excluding underground water conservation
26	28		districts), and the same are adopted by reference. Without
27	29		limitation of the generality of the foregoing, the District shall
28	30		have and is hereby authorized to exercise the following powers,
29	31		rights, privileges, and functions;
30	32		(a) to control, store and preserve, within or adjoining the
31	33		boundaries of the District, the waters of any rivers and streams,
32	34		including the waters of the Guadalupe and Blanco Rivers and their
33	35		tributaries, for all useful purposes, and to use, distribute and
34	36		sell the same, within the boundaries of the District, for any such
35	37		purposes;
36	38		(b) to conserve, preserve and develop underground waters
37	39		within the boundaries of the District (subject to any applicable
38	40		regulation by the State or any political subdivision) for all
39	41		useful purposes, and to use, distribute and sell the same, within
40	42		the boundaries of the District for any such purposes;
41	43		(c) to acquire water, water supply facilities and
42	44		conservation storage capacity within or without the District from
43	45		any person, including the State or any of its agencies and
44	46		subdivisions and the United States of America and any of its
45	47		agencies and subdivisions;
46	48		(d) to use, distribute and sell, without the boundaries of
47	49		the District, any waters which may be controlled, stored,
48	50		preserved, conserved, developed or acquired by the District, if the
49	51		Board hereinafter referred to determines that adequate provision
50	52		can be made to continue to serve the water requirements within the
51	53		boundaries of the District, provided the District shall not enter
52	54		into any agreement which contemplates or results in the removal
53	55		from the watershed of the Guadalupe and Blanco Rivers and their
54	56		tributaries of any surface water of the District necessary to
55	57		supply the reasonably foreseeable future water requirements for
56	58		municipal uses during the next ensuing fifty-year period within
57	59		such watershed, except on a temporary, interim basis;
58	60		(e) to develop and generate water power and electric energy
59	61		within the boundaries of the District and to distribute and sell
60	62		water power and electric energy, within or without the boundaries
61	63		of the District;
62	64		(f) to prevent or aid in the prevention of damage to person
63	65		or property from the waters of the Guadalupe and Blanco Rivers and
64	66		their tributaries;
65	67		(g) to forest and reforest and to aid in the foresting and
66	68		reforesting of the watershed area of the Guadalupe and Blanco
67	69		Rivers and their tributaries and to prevent and to aid in the
68	70		prevention of soil erosion and floods within said watershed area;
69	71		(h) to develop the navigation of inland waters within the
70	72		boundaries of the District and any facilities in aid thereof;
71	73		(i) to develop the reclamation and drainage of overflowed
72	74		lands and other lands needing drainage within the boundaries of the
73	75		District and any facilities in aid thereof (but not to reclaim or
74	76		drain coastal wetlands or inland marshes);
75	77		(j) to develop the collection, transportation, treatment,
76	78		disposal and handling of any waste as such term may be defined by
77	79		General Law and any facilities in aid thereof (but only with the
78	80		consent of a city if sanitary sewer facilities for the collection,
79	81		treatment and disposal of sewage are to be constructed or acquired
80	82		within its corporate limits);
81	83		(k) to conserve and develop waters and lands for recreation
82	84		purposes and any facilities in aid thereof;
83	85		(l) to acquire by purchase, lease, gift or in any other
84	86		manner (otherwise than by condemnation) and to maintain, use and
85	87		operate any and all property of any kind, real, personal, or mixed,
86	88		or any interest therein, within or without the boundaries of the
87	89		District, necessary or convenient to the exercise of the powers,
88	90		rights, privileges and functions conferred upon it by this Act;
89	91		(m) to acquire by condemnation any and all property of any
90	92		kind, real, personal or mixed, or any interest therein, within or
91	93		without the boundaries of the District (other than such property or
92	94		any interest therein without the boundaries of the District as may
93	95		at the time be owned by any body politic) necessary or convenient to
94	96		the exercise of the powers, rights, privileges, and functions
95	97		conferred upon it by this Act, in the manner provided by General Law
96	98		with respect to condemnation or, at the option of the District, in
97	99		the manner provided by the Statutes relative to condemnation by
98	100		Districts organized under General Law pursuant to Section 59, of
99	101		Article 16, of the Constitution of the State of Texas;
100	102		(n) subject to the provisions of this Act from time to time
101	103		sell, lease, or otherwise dispose of any property of any kind, real,
102	104		personal, or mixed, or any interest therein, which shall not be
103	105		necessary to the carrying on of the business of the District or the
104	106		sale, lease, or disposition of which, in the judgment of the Board
105	107		hereinafter referred to, is necessary or convenient to the exercise
106	108		of the powers, rights, privileges and functions conferred upon the
107	109		District by this Act or by General Law;
108	110		(o) to overflow and inundate any public lands and public
109	111		property and to require the relocation of roads, pipelines,
110	112		transmission lines, railroads, cemeteries and highways in the
111	113		manner and to the extent permitted to Districts organized under
112	114		General Law pursuant to Section 59, of Article 16, of the
113	115		Constitution of the State of Texas; provided that if the District
114	116		requires the relocation, raising, lowering, rerouting, or change in
115	117		grade or alteration in the construction of any railroad,
116	118		transmission lines, conduits, poles, properties, or facilities, or
117	119		pipelines in the exercise of the power of eminent domain or any
118	120		other power, all of the relocation, raising, lowering, rerouting or
119	121		changes in grade or alteration of construction shall be the sole
120	122		expense of the District. The term 'sole expense' means the actual
121	123		cost of relocation, raising, lowering, rerouting, or change in
122	124		grade or alteration of construction to provide comparable
123	125		replacement without enhancement of facilities, after deducting the
124	126		net salvage value derived from the old facility;
125	127		(p) to construct, extend, improve, maintain, and
126	128		reconstruct, to cause to be constructed, extended, improved,
127	129		maintained and reconstructed, and to use and operate, any and all
128	130		facilities of any kind necessary or convenient to the exercise of
129	131		such powers, rights, privileges and functions;
130	132		(q) to sue and to be sued in its corporate name;
131	133		(r) to adopt, use and alter a corporate seal;
132	134		(s) to invest and re-invest its funds;
133	135		(t) to make by-laws for the management and regulation of its
134	136		affairs;
135	137		(u) to appoint officers, agents, and employees, to
136	138		prescribe their duties and to fix their compensation;
137	139		(v) to make contracts and to execute instruments necessary
138	140		or convenient to the exercise of the powers, rights, privileges,
139	141		and functions conferred upon it by this Act or General Law for such
140	142		term and with such provisions as the Board hereinafter referred to
141	143		may determine to be in the best interests of the District,
142	144		including, without in any way limiting the generality of the
143	145		foregoing, contracts with persons, including the State of Texas,
144	146		the United States of America and any corporation or agency thereof
145	147		and districts, cities, towns, persons, organizations,
146	148		associations, firms, corporations, entities or others, as such
147	149		Board may deem necessary or proper for, or in connection with, any
148	150		corporate purpose to provide for the construction, acquisition,
149	151		ownership, financing, operation, maintenance, sale, leasing to or
150	152		from, or other use or disposition of any facilities authorized to be
151	153		developed, preserved, conserved, acquired, or constructed under
152	154		this Act or General Law, including any improvements, structures,
153	155		facilities, equipment and all other property of any kind in
154	156		connection therewith and any lands, leaseholds, easements and any
155	157		interests in any of the foregoing;
156	158		(w) to authorize and allow any of such persons, including
157	159		the State of Texas, the United States of America and any corporation
158	160		or agency thereof and districts, agencies, cities, towns, persons,
159	161		organizations, associations, firms, corporations, entities or
160	162		others to participate with the District in the joint construction,
161	163		acquisition, ownership, financing, operation, and maintenance of
162	164		all of such improvements, structures, facilities, equipment and any
163	165		other property in connection therewith, and all such lands,
164	166		leaseholds, easements and interests therein as the Board
165	167		hereinafter referred to may determine is necessary or proper for,
166	168		or in connection with, any corporate purpose, and to allow such
167	169		persons to receive such portion of the revenues derived therefrom
168	170		as such Board shall deem just, equitable and proper;
169	171		(x) to borrow money for its corporate purposes and, without
170	172		limitation of the generality of the foregoing, to borrow money and
171	173		accept grants from persons, including the State of Texas, the
172	174		United States of America, or from any corporation or agency created
173	175		or designated by the State of Texas or the United States of America,
174	176		and, in connection with any such loan or grant, to enter into such
175	177		agreements as the State of Texas or the United States of America or
176	178		such corporations or agency may require; and to make and issue its
177	179		negotiable bonds or notes for moneys borrowed, in the manner and to
178	180		the extent provided in this Act, and to refund or refinance any
179	181		outstanding bonds or notes and to make and issue its negotiable
180	182		bonds or notes therefor in the manner and to the extent provided in
181	183		this Act. Nothing in this Act shall authorize the issuance of any
182	184		bonds, notes, or other evidences of indebtedness of the District,
183	185		except as specifically provided in this Act, and no issuance of
184	186		bonds, notes, or other evidences of indebtedness of the District
185	187		shall ever be authorized except by this Act or General Law;
186	188		(y) nothing herein shall be construed as conferring any
187	189		water rights on the District, or as fixing any priority of rights,
188	190		but said District shall obtain its water rights by application to
189	191		and permit from the Texas [Water Rights] Commission on
190	192		Environmental Quality as provided by General Statute; and nothing
191	193		herein shall be construed as authorizing the District to make any
192	194		regulation of the withdrawal of underground waters. To the extent
193	195		the provisions of General Law which are adopted by reference in this
194	196		Act may be in conflict with the express provisions of this Act, the
195	197		provisions of this Act shall prevail unless the General Law is made
196	198		cumulative. The rights, powers, privileges, authority, and
197	199		functions granted to the District under this Act, and the District
198	200		itself, are expressly subject to Chapters 5, 7, 11, 12, 17, 26, and
199	201		30 [5, 6, and 21], Water Code, and Chapter 366, Health and Safety
200	202		Code.
201	203		SECTION 3. Section 4, Chapter 75, Acts of the 43rd
202	204		Legislature, 1st Called Session, 1933, is amended to read as
203	205		follows:
204	206		Sec. 4. (a) The powers, rights, privileges and functions of
205	207		the District shall be exercised by a board of nine (9) directors
206	208		(herein called the Board), which is a state board of a state agency
207	209		as contemplated by Section 30a of Article XVI, Constitution of
208	210		Texas. Each member of the Board shall be a freehold property
209	211		taxpayer of the State of Texas and shall reside in one of the
210	212		counties which is included within the boundaries of the District,
211	213		but only one director shall be appointed from any county. The
212	214		directors shall be appointed by the Governor from nominations
213	215		furnished him by the Texas [Water Rights] Commission on
214	216		Environmental Quality and the appointments confirmed by the Senate
215	217		as in other cases of appointments by the Governor. Of the directors
216	218		first appointed, three (3) shall hold office for a term expiring
217	219		February 1, 1937, three (3) for a term expiring February 1, 1939,
218	220		and three (3) for a term expiring February 1, 1941. Thereafter,
219	221		directors shall hold office for a term of six (6) years. Each
220	222		director shall hold office until the expiration of the term for
221	223		which he was appointed and thereafter, until his successor shall
222	224		have been appointed and qualified unless sooner removed as in this
223	225		Act provided. Any director may be removed by the authority which
224	226		appointed him for inefficiency, neglect of duty or misconduct in
225	227		office, after at least ten (10) days' written notice of the charge
226	228		against him and an opportunity to be heard in person or by counsel
227	229		at public hearing. A vacancy resulting from the death, resignation
228	230		or removal of any director shall be filled by the authority which
229	231		appointed him for the unexpired term. Each director shall qualify
230	232		by taking the official oath of office prescribed by General
231	233		Statute.
232	234		[(a) Each director shall receive Twenty-five Dollars ($25)
233	235		per day, or such amount as may hereafter be prescribed by general
234	236		law, for each day spent in attending meetings of the Board, and any
235	237		other business of the District that the Board thinks necessary,
236	238		plus actual traveling and other expenses.]
237	239		(b) Until the adoption of by-laws fixing the time and place
238	240		of regular meetings and the manner in which special meetings may be
239	241		called, meetings of the Board shall be held at such times and places
240	242		as five (5) of the directors may designate in writing. Five (5)
241	243		directors shall constitute a quorum at any meeting and, except as
242	244		otherwise provided, in this Act or in the by-laws, all action may be
243	245		taken by the affirmative vote of a majority of the directors present
244	246		at any such meeting, except that no contracts which involve any
245	247		amount greater than $100,000 [Ten Thousand Dollars ($10,000)] or
246	248		which is to run for a period longer than a year, and no bonds, notes
247	249		or other evidence of indebtedness and no amendment of the by-laws
248	250		shall be valid unless authorized or ratified by the affirmative
249	251		vote of at least five (5) directors.
250	252		SECTION 4. Chapter 75, Acts of the 43rd Legislature, 1st
251	253		Called Session, 1933, is amended by adding Section 4A to read as
252	254		follows:
253	255		Sec. 4A. (a) A person who is appointed to and qualifies for
254	256		office as a director may not vote, deliberate, or be counted as a
255	257		director in attendance at a Board meeting until the person
256	258		completes a training program that complies with this section.
257	259		(b) The training program must provide the person with
258	260		information regarding:
259	261		(1) the law governing District operations;
260	262		(2) the programs, functions, rules, and budget of the
261	263		District;
262	264		(3) the results of the most recent formal audit of the
263	265		District;
264	266		(4) the requirements of:
265	267		(A) laws relating to open meetings, public
266	268		information, administrative procedure, and disclosure of conflicts
267	269		of interest; and
268	270		(B) other laws applicable to members of the
269	271		governing body of a river authority in performing their duties; and
270	272		(5) any applicable ethics policies adopted by the
271	273		District or the Texas Ethics Commission.
272	274		(c) A person appointed to the Board is entitled to
273	275		reimbursement for the travel expenses incurred in attending the
274	276		training program regardless of whether the attendance at the
275	277		program occurs before or after the person qualifies for office.
276	278		(d) The general manager shall create a training manual that
277	279		includes the information required by Subsection (b) of this
278	280		section. The general manager shall distribute a copy of the
279	281		training manual annually to each director. Each director shall
280	282		sign and submit to the general manager a statement acknowledging
281	283		that the director has received and reviewed the training manual.
282	284		SECTION 5. Section 5, Chapter 75, Acts of the 43rd
283	285		Legislature, 1st Called Session, 1933, is amended to read as
284	286		follows:
285	287		Sec. 5. The Governor shall designate a member of the Board
286	288		as the presiding officer of the Board to serve in that capacity at
287	289		the pleasure of the Governor. The Board shall select a Secretary
288	290		who shall keep true and complete records of all proceedings of the
289	291		Board. Until the appointment of a Secretary, or in the event of his
290	292		absence or inability to act, a secretary pro tem shall be selected
291	293		by the Board. The Board shall also select a General Manager, who
292	294		shall be the chief executive officer of the District, and a
293	295		treasurer. All such officers shall have such powers and duties,
294	296		shall hold office for such term and be subject to removal in such
295	297		manner as may be provided in the by-laws. The Board shall fix the
296	298		compensation of such officers. The Board may appoint such
297	299		officers, agents and employees, fix their compensation and term of
298	300		office and the method by which they may be removed, and delegate to
299	301		them such of its power and duties as it may deem proper.
300	302		SECTION 6. Chapter 75, Acts of the 43rd Legislature, 1st
301	303		Called Session, 1933, is amended by adding Section 5A to read as
302	304		follows:
303	305		Sec. 5A. The Board shall develop and implement policies
304	306		that clearly separate the policymaking responsibilities of the
305	307		Board and the management responsibilities of the general manager
306	308		and the staff of the District.
307	309		SECTION 7. Section 11, Chapter 75, Acts of the 43rd
308	310		Legislature, 1st Called Session, 1933, is amended to read as
309	311		follows:
310	312		Sec. 11. The District shall have power and is hereby
311	313		authorized to issue, from time to time, bonds or notes as herein
312	314		authorized for any corporate purpose. Such bonds or notes
313	315		(hereinafter called 'bonds') may either be (1) sold for cash, at
314	316		public or private sale, at such price or prices as the Board shall
315	317		determine, provided that the interest cost of the money received
316	318		therefor, computed to maturity, shall not exceed ten (10) percent
317	319		per annum, or (2) may be issued on such terms as the Board shall
318	320		determine in exchange for property of any kind, real, personal or
319	321		mixed or any interest therein which the Board shall deem necessary
320	322		or convenient for any such corporate purpose, or (3) may be issued
321	323		in exchange for like principal amounts of other obligations of the
322	324		District, matured or unmatured. The proceeds of sale of such bonds
323	325		shall be deposited in such bank or banks or trust company or trust
324	326		companies, and shall be paid out pursuant to such terms and
325	327		conditions, as may be agreed upon between the District and the
326	328		purchasers of such bonds. All such bonds shall be authorized by
327	329		resolution or resolutions of the Board concurred in by at least five
328	330		(5) of the members thereof, and shall bear such date or dates,
329	331		mature at such time or times, bear interest at such rate or rates
330	332		which may be fixed, variable, floating or otherwise (not exceeding
331	333		ten (10) per centum per annum), payable annually, semiannually or
332	334		otherwise, be in such denominations, be in such form, either coupon
333	335		or registered, carry such registration privileges as to principal
334	336		only or as to both principal and interest, and as to exchange of
335	337		coupon bonds for registered bonds or vice versa, and exchange of
336	338		bonds of one denomination for bonds of other denominations, be
337	339		executed in such manner and be payable at such place or places
338	340		within or without the State of Texas, as such resolution or
339	341		resolutions may provide. Any resolution or resolutions authorizing
340	342		any bonds may contain provisions, which shall be part of the
341	343		contract between the District and the holders thereof from time to
342	344		time.
343	345		(a) Reserving the right to redeem such bonds or requiring
344	346		the redemption of such bonds, at such time or times, in such amounts
345	347		and at such prices, not exceeding one hundred and five per centum
346	348		(105%) of the principal amount thereof, plus accrued interest, as
347	349		may be provided;
348	350		(b) Providing for the setting aside of sinking funds or
349	351		reserve funds and the regulation and disposition thereof;
350	352		(c) Pledging to secure the payment of the principal of and
351	353		interest on such bonds and of the sinking fund or reserve fund
352	354		payments agreed to be made in respect of such bonds all or any part
353	355		of the gross or net revenues thereafter received by the District in
354	356		respect of the property, real, personal or mixed, to be acquired
355	357		and/or constructed with such bonds or the proceeds thereof, or all
356	358		or any part of the gross or net revenues thereafter, received by the
357	359		District from whatever source derived;
358	360		(d) Prescribing the purposes to which such bonds or any
359	361		bonds thereafter to be issued, or the proceeds thereof, may be
360	362		applied;
361	363		(e) Agreeing to fix and collect rates and charges sufficient
362	364		to produce revenues adequate to pay the items specified in
363	365		subdivisions (a), (b), (c), (d), and (e) of Section 9 hereof, and
364	366		prescribing the use and disposition of all revenues;
365	367		(f) Prescribing limitations upon the issuance of additional
366	368		bonds and subordinate lien bonds and upon the agreements which may
367	369		be made with the purchasers and successive holders thereof;
368	370		(g) With regard to the construction, extension,
369	371		improvement, reconstruction, operation, maintenance and repair of
370	372		the properties of the District and carrying of insurance upon all or
371	373		any part of said properties covering loss or damage or loss of use
372	374		and occupancy resulting from specified risks;
373	375		(h) Fixing the procedure, if any, by which, if the District
374	376		shall so desire, the terms of any contract with the holders of such
375	377		bonds may be amended or abrogated, the amount of bonds the holders
376	378		of which must consent thereto, and the manner in which such consent
377	379		may be given;
378	380		(i) For the execution and delivery by the District to a bank
379	381		or trust company authorized by law to accept trusts, or to the
380	382		United States of America or any officer or agency thereof, of [or]
381	383		indentures and agreements for the benefit of the holders of such
382	384		bonds setting forth any or all of the agreements herein authorized
383	385		to be made with or for the benefit of the holders of such bonds and
384	386		such other provisions as may be customary in such indentures or
385	387		agreements; and
386	388		(j) Such other provisions, not inconsistent with the
387	389		provisions of this Act, as the Board may approve.
388	390		(1) Any such resolution and any indenture or agreement
389	391		entered into pursuant thereto may provide that in the event that:
390	392		(a) default shall be made in the payment of the
391	393		interest on any or all bonds when and as the same shall become due
392	394		and payable, or;
393	395		(b) default shall be made in the payment of the
394	396		principal of any or all bonds when and as the same shall become due
395	397		and payable, whether at the maturity thereof, by call for
396	398		redemption or otherwise, or;
397	399		(c) default shall be made in the performance of
398	400		any agreement made with the purchasers or successive holders of any
399	401		bonds;
400	402		(2) And such default shall have continued such period,
401	403		if any, as may be prescribed by said resolution in respect thereof,
402	404		the trustee under the indenture or indentures entered into in
403	405		respect of the bonds authorized thereby, or, if there shall be no
404	406		such indenture, a trustee appointed in the manner provided in such
405	407		resolution or resolutions by the holders of twenty-five per centum
406	408		(25%) in aggregate principal amount of the bonds authorized thereby
407	409		and at that time outstanding, and upon the written request of the
408	410		holders of twenty-five per centum (25%) in aggregate principal
409	411		amount of the bonds authorized by such resolution or resolutions at
410	412		the time outstanding, shall, in his or its own name, but for the
411	413		equal and proportionate benefit of the holders of all the such
412	414		bonds; and with or without having possession thereof;
413	415		(a) by mandamus or other suit, action or
414	416		proceeding at law or in equity, enforce all rights of the holders of
415	417		such bonds;
416	418		(b) bring suit upon such bonds and/or the
417	419		appurtenant coupons;
418	420		(c) by action or suit in equity, require the
419	421		District to account as if it were the trustee of an express trust
420	422		for the bondholders;
421	423		(d) by action or suit in equity, enjoin any acts
422	424		or things which may be unlawful or in violation of the rights of the
423	425		holders of such bonds, and/or;
424	426		(e) after such notice to the District as such
425	427		resolution may provide, declare the principal of all of such bonds
426	428		due and payable, and if all defaults shall have been made good, then
427	429		with the written consent of the holders of twenty-five (25) per
428	430		centum in aggregate principal amount of such bonds at the time
429	431		outstanding, annul such declaration and its consequences;
430	432		provided, however, that the holders of more than a majority in
431	433		principal amount of the bonds authorized thereby and at the time
432	434		outstanding shall by [be] instrument or instruments in writing
433	435		delivered to such trustee have the right to direct and control any
434	436		and all action taken or to be taken by such trustee under this
435	437		paragraph. Any such resolution, indenture or agreement may provide
436	438		that in any such suit, action, or proceeding, any such trustee,
437	439		whether or not all of such bonds shall have been declared due and
438	440		payable, and with or without possession of any thereof, shall be
439	441		entitled as of right to the appointment of a receiver who may enter
440	442		and take possession of all or any part of the properties of the
441	443		District, and operate and maintain the same, and fix, collect, and
442	444		receive rates and charges sufficient to provide revenues adequate
443	445		to pay the items set forth in subparagraphs (a), (b), (c), (d) and
444	446		(e) of Section 9 hereof and the costs and disbursements of such
445	447		suit, action or proceeding, and to apply such revenues in
446	448		conformity with the provisions of this Act and the resolution or
447	449		resolutions authorizing such bonds. In any suit, action or
448	450		proceeding by any such trustee, the reasonable fees, counsel fees
449	451		and expenses of such trustee and of the receiver or receivers, if
450	452		any, shall constitute taxable disbursements and all costs and
451	453		disbursements allowed by the Court shall be a first charge upon any
452	454		revenues pledged to secure the payment of such bonds. Subject to
453	455		the provisions of the Constitution of the State of Texas, the courts
454	456		of the County of Comal shall have jurisdiction of any suit, action
455	457		or proceeding by any such trustee on behalf of the bondholders and
456	458		of all property involved therein. In addition to the powers
457	459		hereinabove specifically provided for, each such trustee shall have
458	460		and possess all powers necessary or appropriate [appropriated] for
459	461		the exercise of any thereof, or incident to the general
460	462		representation of the bondholders in the enforcement of their
461	463		rights.
462	464		(3) Pending the issuance of definitive bonds, the
463	465		District is authorized to make and issue interim bonds. The interim
464	466		bonds so issued will be taken up with the proceeds of the definitive
465	467		bonds, or the definitive bonds may be issued and delivered in
466	468		exchange for and in substitution of such interim bonds. After any
467	469		such exchange and substitution the District shall file proper
468	470		certificates with the Comptroller of Public Accounts of the State
469	471		of Texas as to such exchange, substitution and cancellation, and
470	472		such certificates shall be recorded by the Comptroller of Public
471	473		Accounts in the same manner as the record of proceedings
472	474		authorizing the issuance of the bonds. The District is also
473	475		authorized to make and issue temporary bonds for the purpose of
474	476		interim financing and to make agreements or other provision to
475	477		refinance such temporary bonds with bonds to provide permanent
476	478		financing at such time, in such manner and on such conditions as may
477	479		be determined by the Board.
478	480		(4) Before any bonds shall be sold by the District, a
479	481		certified copy of the proceedings for the issuance thereof,
480	482		including the form of such bonds, together with any other
481	483		information which the Attorney General of the State of Texas may
482	484		require, shall be submitted to the Attorney General, and if he shall
483	485		find that such bonds have been issued in accordance with law, and if
484	486		he shall approve such bonds, he shall execute a certificate to that
485	487		effect which shall be filed in the office of the Comptroller of the
486	488		State of Texas and be recorded in a record kept for that purpose. No
487	489		bonds shall be issued until the same shall have been registered by
488	490		the Comptroller, who shall so register the same if the Attorney
489	491		General shall have filed with the Comptroller his certificate
490	492		approving the bonds and the proceedings for the issuance thereof as
491	493		hereinabove provided.
492	494		(5) All bonds approved by the Attorney General as
493	495		aforesaid, and registered by the Comptroller as aforesaid, and
494	496		issued in accordance with the proceedings so approved shall be
495	497		valid and binding obligations of the District and shall be
496	498		incontestable for any cause from and after the time of such
497	499		registration.
498	500		(6) If any bonds recite that they are secured by a
499	501		pledge of the proceeds of a contract, lease, sale or other agreement
500	502		(herein called 'contract'), a copy of such contract and the
501	503		proceedings of the contracting parties will also be submitted to
502	504		the Attorney General. If such bonds have been authorized and such
503	505		contracts made in compliance with law, the Attorney General shall
504	506		approve the bonds and contracts, and the bonds shall then be
505	507		registered by the Comptroller of Public Accounts. When so
506	508		approved, such bonds and the contracts shall be valid and binding
507	509		and shall be incontestable for any cause from and after the time of
508	510		such registration.
509	511		(7) The District is authorized to make and issue bonds
510	512		or notes (herein called 'refunding bonds') for the purpose of
511	513		refunding or refinancing any outstanding bonds or notes authorized
512	514		and issued by the District pursuant to this Act or other law (herein
513	515		called 'bonds') and the interest and premium, if any, thereon to
514	516		maturity or on any earlier redemption date specified in the
515	517		resolution authorizing the issuance of the refunding bonds. Such
516	518		refunding bonds may be issued to refund more than one series of
517	519		outstanding bonds, may combine the pledges of the outstanding bonds
518	520		for the security of the refunding bonds or may be secured by other
519	521		or additional revenues. All provisions of this Act with reference
520	522		to the issuance of bonds, the terms and provisions thereof, their
521	523		approval by the Attorney General, and the remedies of the
522	524		bondholders shall be applicable to refunding bonds. Refunding
523	525		bonds shall be registered by the Comptroller upon surrender and
524	526		cancellation of the bonds to be refunded, but in lieu thereof, the
525	527		resolution authorizing the issuance of refunding bonds may provide
526	528		that they shall be sold and the proceeds thereof deposited at the
527	529		places at which the original bonds are payable, in which case the
528	530		refunding bonds may be issued in an amount sufficient to pay the
529	531		interest and premium, if any, on the original bonds to their
530	532		maturity date or specified earlier redemption date, and the
531	533		Comptroller will register them without concurrence, surrender and
532	534		cancellation of the original bonds. The District may also refund
533	535		any outstanding bonds in the manner provided by any applicable
534	536		General Law.
535	537		SECTION 8. Chapter 75, Acts of the 43rd Legislature, 1st
536	538		Called Session, 1933, is amended by adding Sections 23, 24, 25, and
537	539		26 to read as follows:
538	540		Sec. 23. (a) The Board shall develop a policy to encourage
539	541		the use of appropriate alternative dispute resolution procedures
540	542		under Chapter 2009, Government Code, to assist in the resolution of
541	543		internal and external disputes under the District's jurisdiction.
542	544		(b) The District's procedures relating to alternative
543	545		dispute resolution must conform, to the extent possible, to any
544	546		model guidelines issued by the State Office of Administrative
545	547		Hearings for the use of alternative dispute resolution by state
546	548		agencies.
547	549		(c) The District shall:
548	550		(1) coordinate the implementation of the policy
549	551		adopted under Subsection (a) of this section;
550	552		(2) provide training as needed to implement the
551	553		procedures for alternative dispute resolution; and
552	554		(3) collect data concerning the effectiveness of those
553	555		procedures.
554	556		Sec. 24. (a) The Board shall develop and implement
555	557		policies that provide the public with a reasonable opportunity to
556	558		appear before the Board and to speak on any issue under the
557	559		jurisdiction of the District.
558	560		(b) At each regular meeting of the Board, the Board shall
559	561		include public testimony as a meeting agenda item and allow members
560	562		of the public to comment on other agenda items and other matters
561	563		under the jurisdiction of the District. The Board may not
562	564		deliberate on or decide a matter not included in the meeting agenda,
563	565		except that the Board may discuss including the matter on the agenda
564	566		for a subsequent meeting.
565	567		Sec. 25. (a) The District shall maintain a system to
566	568		promptly and efficiently act on complaints filed with the District.
567	569		The District shall maintain information about the parties to and
568	570		subject matter of the complaint, a summary of the results of the
569	571		review or investigation of the complaint, and the disposition of
570	572		the complaint.
571	573		(b) The District shall make information available
572	574		describing its procedures for complaint investigation and
573	575		resolution.
574	576		(c) The District shall periodically notify the complaint
575	577		parties of the status of the complaint until final disposition.
576	578		Sec. 26. (a) In this section, "system" means a system for
577	579		the:
578	580		(1) provision of water to the public for human
579	581		consumption; or
580	582		(2) collection and treatment of wastewater.
581	583		(b) The District shall adopt an asset management plan by:
582	584		(1) preparing an asset inventory that identifies the
583	585		assets of each system and the condition of the assets;
584	586		(2) developing criteria to prioritize assets for
585	587		repair or replacement, including:
586	588		(A) the date by which the asset will need to be
587	589		repaired or replaced;
588	590		(B) the importance of the asset in providing safe
589	591		drinking water and complying with regulatory standards;
590	592		(C) the importance of the asset to the effective
591	593		operation of the system; and
592	594		(D) other criteria as determined by the District;
593	595		(3) estimating asset repair and replacement costs;
594	596		(4) identifying and evaluating potential financing
595	597		options; and
596	598		(5) prioritizing systems that are not in compliance
597	599		with federal or state regulatory standards, including water quality
598	600		standards.
599	601		(c) The District shall review and revise the asset
600	602		management plan annually to account for regulatory changes and
601	603		other developments.
602	604		(d) The Board shall approve the asset management plan
603	605		annually as part of its budgeting process.
604	606		(e) The findings of the asset management plan must be posted
605	607		on the District's publicly accessible Internet website.
606	608		SECTION 9. Section 8, Chapter 75, Acts of the 43rd
607	609		Legislature, 1st Called Session, 1933, is repealed.
608	610		SECTION 10. (a) The term of the president of the board of
609	611		directors of the Guadalupe-Blanco River Authority serving on the
610	612		effective date of this Act expires September 1, 2019. The director
611	613		serving as president on the effective date of this Act may continue
612	614		to serve on the board of directors until the director's successor is
613	615		appointed and has qualified.
614	616		(b) Not later than September 2, 2019, the governor shall
615	617		designate a director as president of the board of directors of the
616	618		Guadalupe-Blanco River Authority as required by Section 5, Chapter
617	619		75, Acts of the 43rd Legislature, 1st Called Session, 1933, as
618	620		amended by this Act.
619	621		SECTION 11. (a) Notwithstanding Section 4A(a), Chapter
620	622		75, Acts of the 43rd Legislature, 1st Called Session, 1933, as added
621	623		by this Act, a person serving on the board of directors of the
622	624		Guadalupe-Blanco River Authority may vote, deliberate, and be
623	625		counted as a director in attendance at a meeting of the board until
624	626		December 1, 2019.
625	627		(b) This section expires January 1, 2020.
626	628		SECTION 12. The repeal by this Act of Section 8, Chapter 75,
627	629		Acts of the 43rd Legislature, 1st Called Session, 1933, does not
628	630		apply to an offense committed before the effective date of this Act.
629	631		An offense committed before the effective date of this Act is
630	632		governed by the law as it existed on the date the offense was
631	633		committed, and the former law is continued in effect for that
632	634		purpose. For purposes of this section, an offense was committed
633	635		before the effective date of this Act if any element of the offense
634	636		occurred before that date.
635	637		SECTION 13. (a) The legal notice of the intention to
636	638		introduce this Act, setting forth the general substance of this
637	639		Act, has been published as provided by law, and the notice and a
638	640		copy of this Act have been furnished to all persons, agencies,
639	641		officials, or entities to which they are required to be furnished
640	642		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
641	643		Government Code.
642	644		(b) The governor, one of the required recipients, has
643	645		submitted the notice and Act to the Texas Commission on
644	646		Environmental Quality.
645	647		(c) The Texas Commission on Environmental Quality has filed
646	648		its recommendations relating to this Act with the governor, the
647	649		lieutenant governor, and the speaker of the house of
648	650		representatives within the required time.
649	651		(d) All requirements of the constitution and laws of this
650	652		state and the rules and procedures of the legislature with respect
651	653		to the notice, introduction, and passage of this Act are fulfilled
652	654		and accomplished.
653	655		SECTION 14. This Act takes effect September 1, 2019.
654		-	______________________________ ______________________________
655		-	President of the Senate Speaker of the House
656		-	I hereby certify that S.B. No. 626 passed the Senate on
657		-	April 8, 2019, by the following vote: Yeas 30, Nays 0.
658		-	______________________________
659		-	Secretary of the Senate
660		-	I hereby certify that S.B. No. 626 passed the House on
661		-	April 26, 2019, by the following vote: Yeas 139, Nays 0, two
662		-	present not voting.
663		-	______________________________
664		-	Chief Clerk of the House
665		-	Approved:
666		-	______________________________
667		-	Date
668		-	______________________________
669		-	Governor