4 | 6 | | AN ACT |
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5 | 7 | | relating to the Red River Authority, following recommendations of |
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6 | 8 | | the Sunset Advisory Commission. |
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7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 10 | | SECTION 1. Section 1A(a), Chapter 279, Acts of the 56th |
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9 | 11 | | Legislature, Regular Session, 1959, is amended to read as follows: |
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10 | 12 | | (a) The Authority is subject to review under Chapter 325, |
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11 | 13 | | Government Code (Texas Sunset Act), but may not be abolished under |
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12 | 14 | | that chapter. The review shall be conducted under Section 325.025, |
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13 | 15 | | Government Code, as if the Authority were a state agency scheduled |
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14 | 16 | | to be abolished September 1, 2031 [2019], and every 12th year after |
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15 | 17 | | that year. |
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16 | 18 | | SECTION 2. Chapter 279, Acts of the 56th Legislature, |
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17 | 19 | | Regular Session, 1959, is amended by adding Sections 4a and 4b to |
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18 | 20 | | read as follows: |
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19 | 21 | | Sec. 4a. (a) It is a ground for removal from the Board that |
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20 | 22 | | a director: |
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21 | 23 | | (1) does not have at the time of taking office the |
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22 | 24 | | qualifications required by Section 4 of this Act; |
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23 | 25 | | (2) does not maintain during service on the Board the |
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24 | 26 | | qualifications required by Section 4 of this Act; |
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25 | 27 | | (3) is ineligible for directorship under Chapter 171, |
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26 | 28 | | Local Government Code; |
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27 | 29 | | (4) cannot, because of illness or disability, |
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28 | 30 | | discharge the director's duties for a substantial part of the |
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29 | 31 | | director's term; or |
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30 | 32 | | (5) is absent from more than half of the regularly |
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31 | 33 | | scheduled Board meetings that the director is eligible to attend |
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32 | 34 | | during a calendar year without an excuse approved by a majority vote |
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33 | 35 | | of the Board. |
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34 | 36 | | (b) The validity of an action of the Board is not affected by |
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35 | 37 | | the fact that it is taken when a ground for removal of a director |
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36 | 38 | | exists. |
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37 | 39 | | (c) If the general manager has knowledge that a potential |
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38 | 40 | | ground for removal exists, the general manager shall notify the |
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39 | 41 | | president of the Board of the potential ground. The president shall |
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40 | 42 | | then notify the Governor and the Attorney General that a potential |
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41 | 43 | | ground for removal exists. If the potential ground for removal |
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42 | 44 | | involves the president, the general manager shall notify the next |
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43 | 45 | | highest ranking director, who shall then notify the Governor and |
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44 | 46 | | the Attorney General that a potential ground for removal exists. |
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45 | 47 | | Sec. 4b. (a) A person who is appointed to and qualifies for |
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46 | 48 | | office as a director may not vote, deliberate, or be counted as a |
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47 | 49 | | director in attendance at a Board meeting until the person |
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48 | 50 | | completes a training program that complies with this section. |
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49 | 51 | | (b) The training program must provide the person with |
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50 | 52 | | information regarding: |
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51 | 53 | | (1) the law governing Authority operations; |
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52 | 54 | | (2) the programs, functions, rules, and budget of the |
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53 | 55 | | Authority; |
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54 | 56 | | (3) the results of the most recent formal audit of the |
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55 | 57 | | Authority; |
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56 | 58 | | (4) the requirements of: |
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57 | 59 | | (A) laws relating to open meetings, public |
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58 | 60 | | information, administrative procedure, and disclosure of conflicts |
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59 | 61 | | of interest; and |
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60 | 62 | | (B) other laws applicable to members of the |
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61 | 63 | | governing body of a river authority in performing their duties; and |
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62 | 64 | | (5) any applicable ethics policies adopted by the |
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63 | 65 | | Authority or the Texas Ethics Commission. |
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64 | 66 | | (c) A person appointed to the Board is entitled to |
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65 | 67 | | reimbursement for the travel expenses incurred in attending the |
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66 | 68 | | training program regardless of whether the attendance at the |
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67 | 69 | | program occurs before or after the person qualifies for office. |
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68 | 70 | | (d) The general manager shall create a training manual that |
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69 | 71 | | includes the information required by Subsection (b) of this |
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70 | 72 | | section. The general manager shall distribute a copy of the |
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71 | 73 | | training manual annually to each director. Each director shall |
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72 | 74 | | sign and submit to the general manager a statement acknowledging |
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73 | 75 | | that the director has received and reviewed the training manual. |
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74 | 76 | | SECTION 3. Sections 5, 7, 9, 10, and 11, Chapter 279, Acts |
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75 | 77 | | of the 56th Legislature, Regular Session, 1959, are amended to read |
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76 | 78 | | as follows: |
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77 | 79 | | Sec. 5. The directors of the Authority shall organize by |
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78 | 80 | | electing one director [of their members president, one] |
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79 | 81 | | vice-president, one secretary, and one treasurer. Five (5) |
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80 | 82 | | directors shall constitute a quorum at any meeting and a |
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81 | 83 | | concurrence of a majority of those present shall be sufficient in |
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82 | 84 | | all matters pertaining to the business of the district, except the |
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83 | 85 | | letting of construction contracts and the authorization of issuance |
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84 | 86 | | of warrants paying therefor, which shall require the concurrence of |
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85 | 87 | | seven (7) directors. Warrants for the payment of money may be drawn |
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86 | 88 | | and signed by two (2) officers or employees designated by standing |
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87 | 89 | | order entered in the minutes of the Authority when such accounts |
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88 | 90 | | have been contracted and ordered paid by the Board of Directors. |
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89 | 91 | | Sec. 7. The Governor shall designate a director of the Board |
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90 | 92 | | as the president of the Board to serve in that capacity at the |
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91 | 93 | | pleasure of the Governor. The president shall preside at all |
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92 | 94 | | meetings of the Board and shall be the chief executive officer of |
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93 | 95 | | the Authority. The vice-president shall act as president in case of |
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94 | 96 | | the absence or disability of the president. The secretary shall act |
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95 | 97 | | as secretary of the Board and shall be charged with the duty of |
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96 | 98 | | keeping a record of all proceedings and all orders of the Board. |
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97 | 99 | | The treasurer shall receive and receipt for all moneys received and |
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98 | 100 | | expended. In case of the absence or inability of the secretary to |
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99 | 101 | | act, a secretary pro tem shall be selected by the directors. |
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100 | 102 | | Sec. 9. A complete book of accounts shall be kept. The |
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101 | 103 | | account books and records of the Authority and of the depository of |
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102 | 104 | | the Authority shall be audited by a Certified Public Accountant |
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103 | 105 | | annually as soon as practicable after the end of the district's |
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104 | 106 | | fiscal year, such audit to cover a fiscal year ending September 30 |
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105 | 107 | | of each year, and a report thereon shall be submitted to the first |
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106 | 108 | | regular meeting of the Board of Directors thereafter. A copy of the |
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107 | 109 | | [Said] report shall be [in quadruplicate, one copy being] filed [in |
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108 | 110 | | the office of the Authority, one with the depository of the |
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109 | 111 | | Authority, one] in the office of the auditor. The copy [and one |
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110 | 112 | | with the Texas Department of Water Resources, all of which] shall be |
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111 | 113 | | open to public inspection. |
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112 | 114 | | Sec. 10. (a) Unless the Board by resolution increases the |
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113 | 115 | | fee to an amount authorized by Section 49.060, Water Code, the [The] |
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114 | 116 | | directors shall receive as fees of office the sum of not to exceed |
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115 | 117 | | Twenty-Five ($25.00) Dollars per day for each day of service |
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116 | 118 | | necessary to the discharge of their duties, in addition to all |
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117 | 119 | | traveling expenses, provided the same is authorized by vote of the |
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118 | 120 | | Board of Directors, they shall file with the secretary on the last |
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119 | 121 | | day of each month, or as soon thereafter as practicable, a verified |
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120 | 122 | | statement showing the actual amount due and warrants shall be |
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121 | 123 | | issued therefor. |
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122 | 124 | | (b) In all areas of conflict with Subsection (a) of this |
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123 | 125 | | section, Section 49.060, Water Code, takes precedence. |
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124 | 126 | | Sec. 11. The directors may employ a general manager for the |
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125 | 127 | | Authority and may give him full authority in the management and |
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126 | 128 | | operation of the Authority's affairs (subject only to the orders of |
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127 | 129 | | the Board of Directors). The term of office and compensation to be |
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128 | 130 | | paid such manager and all employees shall be fixed by the Board of |
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129 | 131 | | Directors and all employees may be removed by the Board. A director |
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130 | 132 | | may not be employed as general manager [and at such compensation as |
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131 | 133 | | may be fixed by a majority of the other directors, and when so |
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132 | 134 | | employed he shall continue to perform the duties of a director, but |
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133 | 135 | | shall receive no compensation as such director]. |
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134 | 136 | | SECTION 4. Chapter 279, Acts of the 56th Legislature, |
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135 | 137 | | Regular Session, 1959, is amended by adding Section 11a to read as |
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136 | 138 | | follows: |
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137 | 139 | | Sec. 11a. The Board shall develop and implement policies |
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138 | 140 | | that clearly separate the policymaking responsibilities of the |
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139 | 141 | | Board and the management responsibilities of the general manager |
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140 | 142 | | and staff of the Authority. |
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141 | 143 | | SECTION 5. Section 14a, Chapter 279, Acts of the 56th |
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142 | 144 | | Legislature, Regular Session, 1959, is amended to read as follows: |
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143 | 145 | | Sec. 14a. (1) In addition to other purposes heretofore |
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144 | 146 | | authorized by law, the Authority shall have and is vested with all |
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145 | 147 | | the powers of the state of Texas under Section 59, Article XVI, |
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146 | 148 | | Constitution of the State of Texas, and shall likewise, have and is |
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147 | 149 | | vested with all powers, rights, privileges, and functions conferred |
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148 | 150 | | upon navigation districts by General Law. The Authority is |
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149 | 151 | | governed by and subject to Chapters 49, 60, and 62, Water Code, but |
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150 | 152 | | in all areas of conflict, Chapter 62 takes precedence. The [Without |
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151 | 153 | | limitation of the generality of the foregoing, the] Authority shall |
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152 | 154 | | have and is hereby authorized to exercise the following powers, |
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153 | 155 | | rights and privileges, and functions; |
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154 | 156 | | (2) to promote, construct, maintain and operate or aid |
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155 | 157 | | and encourage, the construction, maintenance and operation of |
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156 | 158 | | navigable canals or waterways and all navigational systems or |
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157 | 159 | | facilities auxiliary thereto using the natural bed and banks of the |
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158 | 160 | | Red River, where practicable and thence traversing such route as |
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159 | 161 | | may be found by the Authority to be more feasible and practicable to |
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160 | 162 | | connect Red River in Texas with any new navigation canals to be |
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161 | 163 | | constructed in the lower reaches of Red River or to connect Red |
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162 | 164 | | River with the intercoastal canal. The Authority is empowered to |
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163 | 165 | | construct or cause to be constructed a system of artificial |
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164 | 166 | | waterways and canals, together with all locks and other works, |
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165 | 167 | | structures and artificial facilities as may be necessary and |
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166 | 168 | | convenient for the construction, maintenance and operation of |
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167 | 169 | | navigation canals or waterways and all navigational systems and |
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168 | 170 | | facilities auxiliary thereto; |
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169 | 171 | | (3) the right, power, and authority to acquire, |
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170 | 172 | | purchase, improve, extend, take over, construct, maintain, repair, |
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171 | 173 | | operate, develop and regulate ports, levees, wharves, docks, locks, |
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172 | 174 | | warehouses, grain elevators, dumping facilities, belt railways, |
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173 | 175 | | lands, and all other facilities or aids to navigation or aids |
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174 | 176 | | necessary to the operation or development of ports, or waterways |
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175 | 177 | | within the Red River Basin in Texas, provided, the powers conferred |
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176 | 178 | | on the Authority under the provisions of this subdivision extend to |
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177 | 179 | | a facility or aid authorized under this subdivision only if the |
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178 | 180 | | facility or aid is situated in a county or counties included as part |
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179 | 181 | | of said Authority; |
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180 | 182 | | (4) to acquire by gift or purchase any and all |
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181 | 183 | | properties of any kind, including lighters, tugs, barges and other |
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182 | 184 | | floating equipment of any nature, real, personal or mixed, or any |
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183 | 185 | | interest therein within or outside of the boundaries of the |
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184 | 186 | | Authority necessary to the exercise of the powers, rights, |
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185 | 187 | | privileges and functions conferred upon it by this Act and by |
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186 | 188 | | condemnation in the manner provided in Section 18 of the Act |
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187 | 189 | | creating the Authority, provided that the Authority shall not be |
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188 | 190 | | required to give bond for appeal or bond for costs in any judicial |
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189 | 191 | | proceedings; |
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190 | 192 | | (5) to control, develop, store and use the natural |
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191 | 193 | | flow and floodwaters of the Red River and its tributaries for the |
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192 | 194 | | purpose of operating and maintaining said navigable canals or |
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193 | 195 | | waterways and all navigational systems or facilities auxiliary |
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194 | 196 | | thereto, provided, however, that such navigational use shall be |
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195 | 197 | | subordinate to consumptive use of water, and navigation shall be |
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196 | 198 | | incidental thereto; |
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197 | 199 | | (6) to effectuate the construction, maintenance and |
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198 | 200 | | operation of bank stabilization facilities and[,] channel |
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199 | 201 | | rectification or alignment in order[,] to prevent and aid in |
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200 | 202 | | preventing devastation of lands from recurrent over-flows and the |
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201 | 203 | | protection of life and property in the watershed of the Red River in |
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202 | 204 | | Texas or any tributaries thereof within the Authority from |
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203 | 205 | | uncontrolled flood waters; to store and conserve to the greatest |
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204 | 206 | | beneficial use the storm, flood and unappropriated waters of the |
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205 | 207 | | Red River in Texas or any tributaries thereof within the Authority, |
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206 | 208 | | so as to prevent the escape of any water without maximum beneficial |
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207 | 209 | | use either within or without the boundaries of the Authority; |
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208 | 210 | | (7) if [in the event] the construction or maintenance |
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209 | 211 | | and operation of navigable canals or waterways and all navigational |
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210 | 212 | | systems or facilities auxiliary thereto on the Red River in Texas is |
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211 | 213 | | taken over or performed by the Federal Government or any agency of |
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212 | 214 | | the Federal Government, then [and in such event] the Authority may: |
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213 | 215 | | (A) [shall be fully authorized to make and] enter |
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214 | 216 | | into [any such] contracts that [as] may be [lawfully] required by |
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215 | 217 | | the Federal Government, including [such] assignments and transfers |
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216 | 218 | | of property, [and rights of] property rights, [and] easements, and |
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217 | 219 | | privileges; and |
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218 | 220 | | (B) take any [and all] other action [lawful |
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219 | 221 | | things and acts may be necessary and] required by [in order to meet |
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220 | 222 | | the requirements of] the Federal Government or any agency of the |
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221 | 223 | | Federal Government [in taking over the construction or maintenance |
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222 | 224 | | and operation of said navigable canals or waterways and all |
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223 | 225 | | navigational systems or facilities auxiliary thereto]; |
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224 | 226 | | (8) the Authority shall have the power to acquire |
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225 | 227 | | additional land adjacent to any permanent improvement heretofore or |
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226 | 228 | | hereafter constructed within the Authority for the purpose of |
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227 | 229 | | developing public parks and recreational facilities; the power to |
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228 | 230 | | acquire necessary right-of-way for public ingress and egress to |
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229 | 231 | | such areas. The Authority may provide recreational facilities and |
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230 | 232 | | services, and may enter into contracts and agreements with the |
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231 | 233 | | Federal Government or any agency thereof; the Parks and Wildlife |
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232 | 234 | | Department of the State of Texas, any county, municipality, |
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233 | 235 | | municipal corporation, person, firm or nonprofit organization for |
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234 | 236 | | the construction, operation and maintenance of such park or |
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235 | 237 | | recreational facility. It is legislative intent that the Authority |
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236 | 238 | | will coordinate the development of any public parks and |
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237 | 239 | | recreational facilities with the Parks and Wildlife Department for |
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238 | 240 | | conformity with the land and water resources conservation and |
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239 | 241 | | recreation plan. ['State Comprehensive Outdoor Recreation Plan.'] |
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240 | 242 | | The Authority may perform all functions necessary to qualify for |
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241 | 243 | | state or federal recreational grants and loans; |
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242 | 244 | | (9) in addition to other purposes heretofore |
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243 | 245 | | authorized by law and as a necessary aid to the conservation, |
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244 | 246 | | control, preservation, and distribution of such water for |
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245 | 247 | | beneficial use, the Authority is authorized to purchase, construct, |
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246 | 248 | | improve, repair, operate and maintain works and facilities |
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247 | 249 | | necessary for the collection, transportation, treatment and |
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248 | 250 | | disposal of sewage and industrial waste and effluent and to issue |
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249 | 251 | | negotiable bonds for such purposes, and the Authority may make |
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250 | 252 | | contracts with cities and others under which the Authority will |
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251 | 253 | | collect, transport, treat and dispose of sewage from such cities or |
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252 | 254 | | other entities. The Authority may also make contracts with any city |
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253 | 255 | | for the use of any collection, transportation, treatment or |
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254 | 256 | | disposal facilities owned by such city or by the Authority; |
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255 | 257 | | (10) the bonds which may be issued under this Section, |
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256 | 258 | | shall be payable from revenues under any contract or contracts |
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257 | 259 | | described herein or from other income of the Authority. Such bonds |
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258 | 260 | | shall be in the form and shall be issued in the manner prescribed by |
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259 | 261 | | law for other revenue bonds and as provided in Sections 26, 27, 28 |
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260 | 262 | | and 29, Article 8280-228. |
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261 | 263 | | SECTION 6. Chapter 279, Acts of the 56th Legislature, |
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262 | 264 | | Regular Session, 1959, is amended by adding Section 14e to read as |
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263 | 265 | | follows: |
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264 | 266 | | Sec. 14e. (a) In this section, "system" means a system for |
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265 | 267 | | the: |
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266 | 268 | | (1) provision of water to the public for human |
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267 | 269 | | consumption; or |
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268 | 270 | | (2) collection and treatment of wastewater. |
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269 | 271 | | (b) The Authority shall adopt an asset management plan by: |
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270 | 272 | | (1) preparing an asset inventory that identifies the |
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271 | 273 | | assets of each system and the condition of the assets; |
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272 | 274 | | (2) developing criteria to prioritize assets for |
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273 | 275 | | repair or replacement, including: |
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274 | 276 | | (A) the date by which the asset will need to be |
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275 | 277 | | repaired or replaced; |
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276 | 278 | | (B) the importance of the asset in providing safe |
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277 | 279 | | drinking water and complying with regulatory standards; |
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278 | 280 | | (C) the importance of the asset to the effective |
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279 | 281 | | operation of the system; and |
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280 | 282 | | (D) other criteria as determined by the |
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281 | 283 | | Authority; |
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282 | 284 | | (3) estimating asset repair and replacement costs; |
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283 | 285 | | (4) identifying and evaluating potential financing |
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284 | 286 | | options; and |
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285 | 287 | | (5) prioritizing systems that are not in compliance |
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286 | 288 | | with federal or state regulatory standards, including water quality |
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287 | 289 | | standards. |
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288 | 290 | | (c) The Authority shall review and revise the plan as |
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289 | 291 | | necessary to account for regulatory changes and other developments. |
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290 | 292 | | (d) The Board shall approve the plan annually as part of its |
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291 | 293 | | budgeting process. |
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292 | 294 | | SECTION 7. Sections 17 and 20, Chapter 279, Acts of the 56th |
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293 | 295 | | Legislature, Regular Session, 1959, are amended to read as follows: |
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294 | 296 | | Sec. 17. (a) The Authority may seek and accept |
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295 | 297 | | contributions to its funds from any source for [For] the purpose of |
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296 | 298 | | funding: |
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297 | 299 | | (1) [providing funds requisite to secure the] |
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298 | 300 | | necessary studies; |
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299 | 301 | | (2) [,] engineering and other services; and |
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300 | 302 | | (3) [which may be necessary,] the collection and |
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301 | 303 | | computation of data respecting regional and general conditions that |
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302 | 304 | | influence [influencing] the character and extent of the |
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303 | 305 | | improvements necessary to effect the purposes of the [creation of |
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304 | 306 | | this] Authority to the greatest public advantage[, it is hereby |
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305 | 307 | | provided that the Authority may solicit, seek and accept |
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306 | 308 | | contributions to its funds from any other district, authority or |
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307 | 309 | | municipality, the Federal Government or the State of Texas, or from |
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308 | 310 | | any other source]. |
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309 | 311 | | (b) Any and all grants and gratuities shall be strictly |
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310 | 312 | | accounted for and shall be subject to the same rules, regulations |
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311 | 313 | | and orders as are other funds handled or disbursed by the Authority. |
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312 | 314 | | Sec. 20. The Authority shall establish and collect rates |
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313 | 315 | | and other charges for the sale or use of water or for its services |
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314 | 316 | | sold, furnished or supplied which fees and charges shall be |
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315 | 317 | | reasonable and nondiscriminatory but sufficient to produce |
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316 | 318 | | revenues adequate to pay the expenses of the Authority in carrying |
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317 | 319 | | out its functions for which it is created and to fulfill the terms |
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318 | 320 | | of any agreements made with the holders of any of its obligations. |
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319 | 321 | | Provided, however, that the rates and charges for the sale or use of |
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320 | 322 | | water shall be subject to review by the Public Utility Commission of |
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321 | 323 | | Texas [State Board of Water Engineers], as provided by general law. |
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322 | 324 | | SECTION 8. Chapter 279, Acts of the 56th Legislature, |
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323 | 325 | | Regular Session, 1959, is amended by adding Sections 20a and 20b to |
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324 | 326 | | read as follows: |
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325 | 327 | | Sec. 20a. (a) In this section and Section 20b, "affected |
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326 | 328 | | person" has the meaning assigned by Section 13.002, Water Code. |
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327 | 329 | | (b) The Board shall establish a process to ensure that, |
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328 | 330 | | before the Authority makes a significant change to a rate or charge |
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329 | 331 | | for the sale and use of water, affected persons are provided: |
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330 | 332 | | (1) notice of proposed change; and |
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331 | 333 | | (2) an opportunity to provide to the Board comments |
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332 | 334 | | regarding the proposed change. |
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333 | 335 | | (c) The process established under Subsection (b) must |
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334 | 336 | | include: |
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335 | 337 | | (1) the provision of notice of a proposed change: |
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336 | 338 | | (A) on the Authority's website; and |
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337 | 339 | | (B) in an affected person's utility bills; and |
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338 | 340 | | (2) appropriate informational meetings or rate |
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339 | 341 | | hearings that provide affected persons the opportunity to provide |
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340 | 342 | | public comments about the proposed change to be held: |
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341 | 343 | | (A) before sending a statement of intent required |
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342 | 344 | | under Chapter 13, Water Code; |
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343 | 345 | | (B) in locations as necessary to enable affected |
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344 | 346 | | persons to attend; and |
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345 | 347 | | (C) after the provision of notice under |
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346 | 348 | | Subdivision (1) of this subsection. |
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347 | 349 | | (d) The Board by rule shall establish a percentage change in |
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348 | 350 | | a rate or charge such that a change greater than or equal to that |
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349 | 351 | | percentage is considered significant for purposes of Subsection (b) |
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350 | 352 | | of this section. |
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351 | 353 | | Sec. 20b. (a) The Authority shall notify affected persons |
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352 | 354 | | of their right to appeal changes to rates: |
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353 | 355 | | (1) in any notices related to changes to rates; |
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354 | 356 | | (2) in utility bills sent before the deadline for |
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355 | 357 | | initiating an appeal under Chapter 13, Water Code; and |
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356 | 358 | | (3) on the Authority's website. |
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357 | 359 | | (b) The notice required by Subsection (a) of this section |
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358 | 360 | | must include descriptions of: |
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359 | 361 | | (1) the appeals process; |
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360 | 362 | | (2) the requirements for an appeal, including the |
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361 | 363 | | number of signatures needed on a petition; and |
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362 | 364 | | (3) the methods available for obtaining additional |
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363 | 365 | | information related to rates. |
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364 | 366 | | SECTION 9. Section 22, Chapter 279, Acts of the 56th |
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365 | 367 | | Legislature, Regular Session, 1959, is amended to read as follows: |
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366 | 368 | | Sec. 22. The Authority may: |
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367 | 369 | | (1) [shall] make bylaws for the management and |
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368 | 370 | | regulation of its affairs; |
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369 | 371 | | (2) [to adopt and] use a corporate seal; |
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370 | 372 | | (3) [to] appoint officers, attorneys, agents, and |
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371 | 373 | | employees, [and to] prescribe their duties, and fix their |
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372 | 374 | | compensation; |
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373 | 375 | | (4) [to] make [such] other contracts and execute |
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374 | 376 | | instruments necessary or convenient to the exercise of the [its] |
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375 | 377 | | powers, rights, privileges and functions conferred on the Authority |
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376 | 378 | | [upon it] by this Act and the general laws of the state pertaining |
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377 | 379 | | to water control and improvement districts; |
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378 | 380 | | (5) [to] borrow money for its corporate purposes [and |
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379 | 381 | | without limitation of the generality of the foregoing]; and |
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380 | 382 | | (6) [to] borrow money and accept grants from the |
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381 | 383 | | United States of America, [or] the State of Texas, or any other |
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382 | 384 | | source, and in connection with any such loan or grant,[; to] enter |
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383 | 385 | | into [such] agreements and assume [such] obligations as may be |
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384 | 386 | | required. |
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385 | 387 | | SECTION 10. Chapter 279, Acts of the 56th Legislature, |
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386 | 388 | | Regular Session, 1959, is amended by adding Sections 33, 34, 35, and |
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387 | 389 | | 36 to read as follows: |
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388 | 390 | | Sec. 33. (a) The Board shall develop a policy to encourage |
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389 | 391 | | the use of appropriate alternative dispute resolution procedures |
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390 | 392 | | under Chapter 2009, Government Code, to assist in the resolution of |
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391 | 393 | | internal and external disputes under the Authority's jurisdiction. |
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392 | 394 | | (b) The Authority's procedures relating to alternative |
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393 | 395 | | dispute resolution must conform, to the extent possible, to any |
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394 | 396 | | model guidelines issued by the State Office of Administrative |
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395 | 397 | | Hearings for the use of alternative dispute resolution by state |
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396 | 398 | | agencies. |
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397 | 399 | | (c) The Authority shall: |
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398 | 400 | | (1) coordinate the implementation of the policy |
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399 | 401 | | adopted under Subsection (a) of this section; |
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400 | 402 | | (2) provide training as needed to implement the |
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401 | 403 | | procedures for alternative dispute resolution; and |
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402 | 404 | | (3) collect data concerning the effectiveness of those |
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403 | 405 | | procedures. |
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404 | 406 | | Sec. 34. (a) The Board shall develop and implement |
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405 | 407 | | policies that provide the public with a reasonable opportunity to |
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406 | 408 | | appear before the Board and to speak on any issue under the |
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407 | 409 | | jurisdiction of the Authority. |
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408 | 410 | | (b) At each regular meeting of the Board, the Board shall |
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409 | 411 | | include public testimony as a meeting agenda item and allow members |
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410 | 412 | | of the public to comment on other agenda items and other matters |
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411 | 413 | | under the jurisdiction of the Authority. The Board may not |
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412 | 414 | | deliberate on or decide a matter not included in the meeting agenda, |
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413 | 415 | | except that the Board may discuss including the matter on the agenda |
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414 | 416 | | for a subsequent meeting. |
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415 | 417 | | Sec. 35. (a) The Authority shall maintain a system to |
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416 | 418 | | promptly and efficiently act on complaints filed with the |
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417 | 419 | | Authority. The Authority shall maintain information about the |
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418 | 420 | | parties to and subject matter of the complaint, a summary of the |
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419 | 421 | | results of the review or investigation of the complaint, and the |
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420 | 422 | | disposition of the complaint. |
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421 | 423 | | (b) The Authority shall make information available |
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422 | 424 | | describing its procedures for complaint investigation and |
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423 | 425 | | resolution. |
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424 | 426 | | (c) The Authority shall periodically notify the complaint |
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425 | 427 | | parties of the status of the complaint until final disposition. |
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426 | 428 | | Sec. 36. (a) The state auditor shall conduct an audit of |
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427 | 429 | | the Authority to evaluate whether the Authority has addressed the |
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428 | 430 | | operational challenges identified in the report on the Authority by |
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429 | 431 | | the Sunset Advisory Commission presented to the 86th Legislature. |
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430 | 432 | | (b) The state auditor may not begin the audit required by |
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431 | 433 | | Subsection (a) of this section before December 1, 2021, and shall |
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432 | 434 | | prepare and submit a report of the findings of the audit to the |
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433 | 435 | | chairman and executive director of the Sunset Advisory Commission |
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434 | 436 | | not later than December 1, 2022. |
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435 | 437 | | (c) The state auditor shall include the auditor's duties |
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436 | 438 | | under this section in each audit plan under Section 321.013, |
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437 | 439 | | Government Code, that governs the auditor's duties for the period |
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438 | 440 | | specified by Subsection (b) of this section. |
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439 | 441 | | (d) This section expires January 1, 2023. |
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440 | 442 | | SECTION 11. Section 13, Chapter 279, Acts of the 56th |
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441 | 443 | | Legislature, Regular Session, 1959, is repealed. |
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442 | 444 | | SECTION 12. (a) The term of the president of the board of |
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443 | 445 | | directors of the Red River Authority serving on the effective date |
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444 | 446 | | of this Act expires September 1, 2019. The director serving as |
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445 | 447 | | president on the effective date of this Act may continue to serve on |
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446 | 448 | | the board of directors until the director's successor is appointed |
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447 | 449 | | and has qualified. |
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448 | 450 | | (b) Not later than September 2, 2019, the governor shall |
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449 | 451 | | designate a director as president of the board of directors of the |
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450 | 452 | | Red River Authority as required by Section 7, Chapter 279, Acts of |
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451 | 453 | | the 56th Legislature, Regular Session, 1959, as amended by this |
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452 | 454 | | Act. |
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