S.B. No. 911
AN ACT
relating to the supervision of water districts by the Texas
Commission on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.081(a), Water Code, is amended to
read as follows:
(a) The powers and duties of all districts and authorities
created under Article III, Section 52 and Article XVI, Section 59 of
the Texas Constitution are subject to the continuing right of
supervision of the State of Texas by and through the commission or
its successor, and this supervision may include but is not limited
to the authority to:
(1) inquire into the qualifications [competence,
fitness, and reputation] of the officers and directors of any
district or authority;
(2) require, on its own motion or on complaint by any
person, audits or other financial information, inspections,
evaluations, and engineering reports;
(3) issue subpoenas for witnesses to carry out its
authority under this subsection;
(4) institute investigations and hearings using
examiners appointed by the commission;
(5) issue rules necessary to supervise the districts
and authorities, except that such rules shall not apply to water
quality ordinances adopted by any river authority which meet or
exceed minimum requirements established by the commission; [and]
(6) issue a permit under Chapter 361, Health and
Safety Code, notwithstanding a district's rule or objection; and
(7) the right of supervision granted herein shall not
apply to matters relating to electric utility operations.
SECTION 2. Sections 49.102(e) and (f), Water Code, are
amended to read as follows:
(e) If a majority of the votes cast in the election favor the
creation of the district, then the temporary board shall declare
that the district is created and enter the result in its minutes.
If a majority of the votes cast in the election are against the
creation of the district, the temporary board shall declare that
the district was defeated and enter the result in its minutes. A
copy of the order shall be filed with the commission not later than
the 30th day after the date of the election.
(f) The order canvassing the results of the confirmation
election shall contain a description of the district's boundaries
and shall be filed with the executive director and in the deed
records of the county or counties in which the district is located
not later than the 30th day after the date of the election.
SECTION 3. Section 49.195(a), Water Code, is amended to
read as follows:
(a) The executive director may review the audit report of
each district. After reviewing the audit report, the executive
director may request additional information from the district. The
district shall provide the additional information not later than
the 60th day after the date the request was received, unless the
executive director extends the time allowed for the district to
provide additional information for good cause.
SECTION 4. Section 49.196(a), Water Code, is amended to
read as follows:
(a) The executive director may review and investigate a
district's financial records and may conduct an on-site audit of a
district's financial information. The executive director shall
have access to all vouchers, receipts, district fiscal and
financial records, and other district records the executive
director considers necessary.
SECTION 5. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 911 passed the Senate on
May 7, 2019, by the following vote: Yeas 31, Nays 0;
May 23, 2019, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 23, 2019, House
granted request of the Senate; May 26, 2019, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 911 passed the House, with
amendments, on May 22, 2019, by the following vote: Yeas 137,
Nays 7, two present not voting; May 23, 2019, House granted request
of the Senate for appointment of Conference Committee;
May 26, 2019, House adopted Conference Committee Report by the
following vote: Yeas 146, Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor