Texas 2021 - 87th Regular

Texas House Bill HB3530 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3530
	1	+	87R12818 SCL-D
	2	+	By: Moody H.B. No. 3530
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the nonsubstantive revision of certain local laws
6	8		concerning water and wastewater special districts, including a
7	9		conforming amendment.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS
10	12		SECTION 1.01. LEVEE IMPROVEMENT DISTRICT. Subtitle E,
11	13		Title 6, Special District Local Laws Code, is amended by adding
12	14		Chapter 7817 to read as follows:
13	15		CHAPTER 7817. DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1
14	16		OF DENTON AND DALLAS COUNTIES, TEXAS
15	17		SUBCHAPTER A. GENERAL PROVISIONS
16	18		Sec. 7817.0101. DEFINITIONS
17	19		Sec. 7817.0102. NATURE OF DISTRICT
18	20		Sec. 7817.0103. TERRITORY
19	21		Sec. 7817.0104. ANNEXATION OF TERRITORY
20	22		Sec. 7817.0105. APPLICABILITY OF OTHER LAW
21	23		SUBCHAPTER B. POWERS AND DUTIES
22	24		Sec. 7817.0201. AUTHORITY TO UNDERTAKE IMPROVEMENT
23	25		PROJECTS OR SERVICES
24	26		Sec. 7817.0202. COMPACTED FILL AUTHORITY
25	27		SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
26	28		Sec. 7817.0301. ASSESSMENTS; LIENS FOR ASSESSMENTS
27	29		Sec. 7817.0302. AUTHORITY TO IMPOSE SPECIAL
28	30		ASSESSMENTS FOR CERTAIN IMPROVEMENT
29	31		PROJECTS OR SERVICES
30	32		Sec. 7817.0303. PETITION REQUIRED FOR FINANCING
31	33		IMPROVEMENT PROJECTS OR SERVICES
32	34		THROUGH ASSESSMENTS
33	35		Sec. 7817.0304. IMPACT FEE AND ASSESSMENT EXEMPTIONS
34	36		Sec. 7817.0305. BONDS AND OTHER OBLIGATIONS
35	37		CHAPTER 7817. DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1
36	38		OF DENTON AND DALLAS COUNTIES, TEXAS
37	39		SUBCHAPTER A. GENERAL PROVISIONS
38	40		Sec. 7817.0101. DEFINITIONS. In this chapter:
39	41		(1) "Board" means the district's board of directors.
40	42		(2) "District" means the Denton County Levee
41	43		Improvement District No. 1 of Denton and Dallas Counties, Texas.
42	44		(Acts 69th Leg., R.S., Ch. 473, Sec. 1.)
43	45		Sec. 7817.0102. NATURE OF DISTRICT. The district is:
44	46		(1) a levee improvement district created under and
45	47		essential to accomplish the purposes of Section 59, Article XVI,
46	48		Texas Constitution; and
47	49		(2) a political subdivision of this state. (Acts 69th
48	50		Leg., R.S., Ch. 473, Sec. 3.)
49	51		Sec. 7817.0103. TERRITORY. The district boundaries form a
50	52		closure. (Acts 69th Leg., R.S., Ch. 473, Sec. 2 (part).)
51	53		Sec. 7817.0104. ANNEXATION OF TERRITORY. (a) The district
52	54		may annex any territory the owner of which petitions for annexation
53	55		by the method prescribed by Section 49.301, Water Code.
54	56		(b) At least 30 days before acting on a petition for
55	57		annexation, the district shall notify all municipalities within
56	58		whose boundaries the district or the land described in the petition
57	59		is located. The notification must:
58	60		(1) be in writing;
59	61		(2) specify the time and place of the meeting to
60	62		consider the petition;
61	63		(3) invite the municipality to appear at the meeting;
62	64		and
63	65		(4) include a copy of the petition.
64	66		(c) Notwithstanding any other provision of this chapter,
65	67		the district may annex only territory with a boundary contiguous to
66	68		a district boundary. (Acts 69th Leg., R.S., Ch. 473, Sec. 5.)
67	69		Sec. 7817.0105. APPLICABILITY OF OTHER LAW. Chapters 49
68	70		and 57, Water Code, apply to the district except to the extent this
69	71		chapter constitutes a modification of general law. (Acts 69th
70	72		Leg., R.S., Ch. 473, Sec. 6.)
71	73		SUBCHAPTER B. POWERS AND DUTIES
72	74		Sec. 7817.0201. AUTHORITY TO UNDERTAKE IMPROVEMENT
73	75		PROJECTS OR SERVICES. (a) The board may undertake an improvement
74	76		project or service that confers a special benefit on all or a
75	77		definable part of the district.
76	78		(b) As needed to restore, preserve, or enhance the scenic
77	79		and aesthetic beauty of an area in the district, the district may
78	80		include in the improvement project or service the acquisition,
79	81		construction, or financing of:
80	82		(1) a drainage facility;
81	83		(2) a hiking and cycling trail;
82	84		(3) a pedestrian walkway along or across a street, at
83	85		grade or above or below the surface;
84	86		(4) landscaping; and
85	87		(5) other development. (Acts 69th Leg., R.S., Ch.
86	88		473, Secs. 6A(a), (c).)
87	89		Sec. 7817.0202. COMPACTED FILL AUTHORITY. The district may
88	90		include compacted fill in the district's reclamation plan and may
89	91		spend money and issue bonds to the full extent otherwise authorized
90	92		by Chapters 49 and 57, Water Code, for payment of compacted fill.
91	93		(Acts 69th Leg., R.S., Ch. 473, Sec. 4.)
92	94		SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
93	95		Sec. 7817.0301. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
94	96		The board by resolution may impose an assessment for any purpose
95	97		authorized by this chapter.
96	98		(b) An assessment, including an assessment resulting from
97	99		an addition to or correction of the assessment roll by the district,
98	100		a reassessment, penalties and interest on an assessment or
99	101		reassessment, an expense of collection, and reasonable attorney's
100	102		fees incurred by the district are:
101	103		(1) a first and prior lien against the property
102	104		assessed;
103	105		(2) superior to any other lien or claim other than a
104	106		lien or claim for county, school district, or municipal ad valorem
105	107		taxes; and
106	108		(3) the personal liability of and a charge against the
107	109		property owners even if the owners are not named in the assessment
108	110		proceedings.
109	111		(c) The lien is effective from the date of the board's
110	112		resolution imposing the assessment until the date the assessment is
111	113		paid. The board may enforce the lien in the same manner that the
112	114		board may enforce an ad valorem tax lien against real property.
113	115		(Acts 69th Leg., R.S., Ch. 473, Sec. 6C.)
114	116		Sec. 7817.0302. AUTHORITY TO IMPOSE SPECIAL ASSESSMENTS FOR
115	117		CERTAIN IMPROVEMENT PROJECTS OR SERVICES. (a) The board may impose
116	118		a special assessment on property in the district based on the
117	119		benefit conferred by an improvement project or service under
118	120		Section 7817.0201 to pay all or part of the cost of the project or
119	121		service.
120	122		(b) Sections 375.111 through 375.124, Local Government
121	123		Code, apply to financing an improvement project or service under
122	124		Section 7817.0201. (Acts 69th Leg., R.S., Ch. 473, Secs. 6A(b),
123	125		(d).)
124	126		Sec. 7817.0303. PETITION REQUIRED FOR FINANCING
125	127		IMPROVEMENT PROJECTS OR SERVICES THROUGH ASSESSMENTS. (a) The
126	128		board may not finance an improvement project or service through an
127	129		assessment imposed under this chapter unless a written petition
128	130		requesting that improvement or service has been filed with the
129	131		board.
130	132		(b) The petition must be signed by:
131	133		(1) the owners of a majority of the assessed value of
132	134		real property in the district subject to assessment according to
133	135		the most recent certified appraisal rolls for Denton and Dallas
134	136		Counties; or
135	137		(2) the owners of a majority of the surface area of
136	138		real property in the district subject to assessment as determined
137	139		by the board. (Acts 69th Leg., R.S., Ch. 473, Sec. 6B.)
138	140		Sec. 7817.0304. IMPACT FEE AND ASSESSMENT EXEMPTIONS. The
139	141		district may not impose an impact fee or assessment on:
140	142		(1) single-family residential property; or
141	143		(2) the property, including the equipment,
142	144		rights-of-way, facilities, or improvements, of:
143	145		(A) an electric utility or a power generation
144	146		company as defined by Section 31.002, Utilities Code;
145	147		(B) a gas utility as defined by Section 101.003
146	148		or 121.001, Utilities Code;
147	149		(C) a telecommunications provider as defined by
148	150		Section 51.002, Utilities Code; or
149	151		(D) a person who provides to the public cable
150	152		television or advanced telecommunications services. (Acts 69th
151	153		Leg., R.S., Ch. 473, Secs. 6D, 6F.)
152	154		Sec. 7817.0305. BONDS AND OTHER OBLIGATIONS. (a) The
153	155		district may issue bonds or other obligations payable wholly or
154	156		partly from ad valorem taxes, assessments, impact fees, revenue,
155	157		grants, or other district money, or any combination of those
156	158		sources, to pay for any authorized district purpose.
157	159		(b) In exercising the district's power to borrow, the
158	160		district may issue a bond or other obligation in the form of a bond,
159	161		note, certificate of participation or other instrument evidencing a
160	162		proportionate interest in payments to be made by the district, or
161	163		other type of obligation.
162	164		(c) The district must obtain approval from the City of
163	165		Lewisville before issuing bonds under this section. (Acts 69th
164	166		Leg., R.S., Ch. 473, Sec. 6E.)
165	167		SECTION 1.02. MUNICIPAL UTILITY DISTRICT. Subtitle F,
166	168		Title 6, Special District Local Laws Code, is amended by adding
167	169		Chapter 7886 to read as follows:
168	170		CHAPTER 7886. SEBASTIAN MUNICIPAL UTILITY DISTRICT
169	171		SUBCHAPTER A. GENERAL PROVISIONS
170	172		Sec. 7886.0101. DEFINITIONS
171	173		SUBCHAPTER B. POWERS AND DUTIES
172	174		Sec. 7886.0201. QUALIFIED WATER SUPPLY CORPORATION
173	175		Sec. 7886.0202. PETITION TO DISSOLVE DISTRICT
174	176		Sec. 7886.0203. ELECTION RELATING TO DISSOLUTION OF
175	177		DISTRICT
176	178		Sec. 7886.0204. ELECTION RESULTS
177	179		Sec. 7886.0205. AGREEMENT AND ORDER RELATING TO
178	180		DISSOLUTION OF DISTRICT
179	181		Sec. 7886.0206. AGREEMENT AND ORDER RELATING TO WATER
180	182		AND WASTEWATER SERVICE
181	183		Sec. 7886.0207. FILING REQUIREMENT
182	184		CHAPTER 7886. SEBASTIAN MUNICIPAL UTILITY DISTRICT
183	185		SUBCHAPTER A. GENERAL PROVISIONS
184	186		Sec. 7886.0101. DEFINITIONS. In this chapter:
185	187		(1) "Board" means the district's board of directors.
186	188		(2) "Corporation" means a qualified water supply
187	189		corporation as described by Section 7886.0201.
188	190		(3) "District" means the Sebastian Municipal Utility
189	191		District.
190	192		(4) "Utility commission" means the Public Utility
191	193		Commission of Texas. (Acts 75th Leg., R.S., Ch. 516, Sec. 1; New.)
192	194		SUBCHAPTER B. POWERS AND DUTIES
193	195		Sec. 7886.0201. QUALIFIED WATER SUPPLY CORPORATION. A
194	196		corporation is qualified to assume the district's debts,
195	197		liabilities, and obligations and assume ownership of the district's
196	198		assets and facilities if the corporation:
197	199		(1) is member-owned, member-controlled, and formed
198	200		under Chapter 67, Water Code; and
199	201		(2) possesses a valid certificate of public
200	202		convenience and necessity obtained under Section 13.246, Water
201	203		Code. (Acts 75th Leg., R.S., Ch. 516, Sec. 7.)
202	204		Sec. 7886.0202. PETITION TO DISSOLVE DISTRICT. (a) A
203	205		petition may be filed with the board requesting an election in the
204	206		district to decide if the board must enter into an agreement
205	207		described by Section 7886.0205(a).
206	208		(b) A petition filed under this section must be printed in
207	209		English and Spanish and read as follows:
208	210		"We, the undersigned, being registered voters in the
209	211		Sebastian Municipal Utility District, request the board of
210	212		directors of the Sebastian Municipal Utility District to hold an
211	213		election to decide if the board must enter into an agreement with a
212	214		qualified water supply corporation in which the district's debts,
213	215		liabilities, obligations, assets, and facilities are transferred
214	216		to the qualified water supply corporation and the district is
215	217		dissolved." (Acts 75th Leg., R.S., Ch. 516, Sec. 4.)
216	218		Sec. 7886.0203. ELECTION RELATING TO DISSOLUTION OF
217	219		DISTRICT. (a) The board shall call an election as requested by a
218	220		petition filed under Section 7886.0202 only if:
219	221		(1) an election has not been held previously under
220	222		this section; and
221	223		(2) the board determines that the petition is signed
222	224		by at least 10 percent of the registered voters in the district.
223	225		(b) The board shall make the determination under Subsection
224	226		(a)(2) not later than the seventh day after the date on which the
225	227		board receives the petition.
226	228		(c) The board shall hold an election required by Subsection
227	229		(a) on the first authorized uniform election date after the date the
228	230		board determines an election is required that allows sufficient
229	231		time for the board to comply with all applicable provisions of the
230	232		Election Code.
231	233		(d) The board shall publish notice of the election in a
232	234		newspaper of general circulation in the district once each week for
233	235		three weeks before the date the election is scheduled to be held.
234	236		(e) The ballot for an election ordered in response to a
235	237		petition filed under Section 7886.0202 must be printed in English
236	238		and Spanish and read as follows:
237	239		"By voting YES on this ballot, you are voting in favor of
238	240		requiring the Sebastian Municipal Utility District to enter into an
239	241		agreement with a qualified water supply corporation in which the
240	242		district's debts, liabilities, obligations, assets, and facilities
241	243		are transferred to the corporation and the district is dissolved.
242	244		By voting NO on this ballot, you are voting against requiring the
243	245		Sebastian Municipal Utility District to enter into such an
244	246		agreement." (Acts 75th Leg., R.S., Ch. 516, Secs. 5(a), (b), (c),
245	247		(d) (part), (e).)
246	248		Sec. 7886.0204. ELECTION RESULTS. (a) If a majority of the
247	249		voters vote in favor of the ballot proposition stated in Section
248	250		7886.0203(e), the board shall enter into an agreement described by
249	251		Section 7886.0205(a) if:
250	252		(1) a corporation agrees to the terms specified by
251	253		Section 7886.0205(a); and
252	254		(2) the utility commission determines that the
253	255		corporation is capable of rendering adequate and continuous service
254	256		as required by Section 13.251, Water Code.
255	257		(b) If a majority of the voters vote against the ballot
256	258		proposition stated in Section 7886.0203(e), the board may not enter
257	259		into an agreement described by Section 7886.0205(a) before the
258	260		district conducts the first board election held after the date on
259	261		which the voters voted against the ballot proposition. (Acts 75th
260	262		Leg., R.S., Ch. 516, Secs. 5(f), (g).)
261	263		Sec. 7886.0205. AGREEMENT AND ORDER RELATING TO DISSOLUTION
262	264		OF DISTRICT. (a) A corporation may enter into an agreement with the
263	265		district to:
264	266		(1) accept assignment of the district's certificate of
265	267		public convenience and necessity obtained under Section 13.246,
266	268		Water Code, and any right obtained under the certificate, after the
267	269		utility commission determines that the corporation is capable of
268	270		rendering adequate and continuous service as required by Section
269	271		13.251, Water Code;
270	272		(2) assume the district's debts, liabilities, and
271	273		obligations;
272	274		(3) assume ownership of the district's assets and
273	275		facilities; and
274	276		(4) perform the district's functions and provide all
275	277		services previously provided by the district.
276	278		(b) If a corporation enters into an agreement described by
277	279		Subsection (a), the board shall issue an order that dissolves the
278	280		district.
279	281		(c) The district's dissolution becomes effective on the
280	282		30th day after the date the board issues the order dissolving the
281	283		district.
282	284		(d) On the effective date of the dissolution:
283	285		(1) all of the district's property and other assets are
284	286		transferred to the corporation;
285	287		(2) all of the district's debts, liabilities, and
286	288		other obligations are assumed by the corporation; and
287	289		(3) the district's certificate of public convenience
288	290		and necessity and any right obtained under the certificate is
289	291		assigned to the corporation in the manner prescribed by Section
290	292		13.251, Water Code. (Acts 75th Leg., R.S., Ch. 516, Sec. 2.)
291	293		Sec. 7886.0206. AGREEMENT AND ORDER RELATING TO WATER AND
292	294		WASTEWATER SERVICE. (a) A corporation may enter into an agreement
293	295		with the district to:
294	296		(1) assume the district's debts, liabilities, and
295	297		obligations relating to water and wastewater service;
296	298		(2) assume ownership of the district's assets and
297	299		facilities relating to water and wastewater service;
298	300		(3) apply to the utility commission to obtain a
299	301		certificate of public convenience and necessity or an amendment to
300	302		a certificate under Section 13.244, Water Code, to render water and
301	303		wastewater service to the area served by the district; and
302	304		(4) perform the district's functions relating to water
303	305		and wastewater service and provide all services relating to those
304	306		services previously provided by the district.
305	307		(b) If a corporation enters into an agreement described by
306	308		Subsection (a) and the utility commission grants to the corporation
307	309		a certificate of public convenience and necessity as described by
308	310		Subsection (a)(3), the board shall issue an order transferring the
309	311		district's debts, liabilities, obligations, assets, and facilities
310	312		relating to water and wastewater service to the corporation.
311	313		(c) On the 30th day after the date the board issues the order
312	314		transferring the district's debts, liabilities, obligations,
313	315		assets, and facilities:
314	316		(1) all of the district's property and other assets
315	317		relating to water and wastewater service are transferred to the
316	318		corporation; and
317	319		(2) all of the district's debts, liabilities, and
318	320		other obligations relating to water and wastewater service are
319	321		assumed by the corporation. (Acts 75th Leg., R.S., Ch. 516, Sec. 3.)
320	322		Sec. 7886.0207. FILING REQUIREMENT. (a) The board shall
321	323		file a copy of the agreement described by Section 7886.0205(a) and a
322	324		copy of the board's order dissolving the district issued under
323	325		Section 7886.0205(b) not later than the 15th day after the date the
324	326		board issues the order:
325	327		(1) with the Texas Commission on Environmental
326	328		Quality;
327	329		(2) with the utility commission; and
328	330		(3) in the deed records of Willacy and Cameron
329	331		Counties.
330	332		(b) The board shall file a copy of the agreement described
331	333		by Section 7886.0206(a) and a copy of the board's order
332	334		transferring the district's obligations and assets issued under
333	335		Section 7886.0206(b) not later than the 15th day after the date the
334	336		board issues the order:
335	337		(1) with the Texas Commission on Environmental
336	338		Quality;
337	339		(2) with the utility commission; and
338	340		(3) in the deed records of Willacy and Cameron
339	341		Counties. (Acts 75th Leg., R.S., Ch. 516, Sec. 6.)
340	342		SECTION 1.03. RIVER AUTHORITIES. Subtitle G, Title 6,
341	343		Special District Local Laws Code, is amended by adding Chapters
342	344		8510 and 8511 to read as follows:
343	345		CHAPTER 8510. RED RIVER AUTHORITY OF TEXAS
344	346		SUBCHAPTER A. GENERAL PROVISIONS
345	347		Sec. 8510.0101. DEFINITIONS
346	348		Sec. 8510.0102. NATURE OF AUTHORITY
347	349		Sec. 8510.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
348	350		Sec. 8510.0104. REVIEW SCHEDULE UNDER SUNSET ACT
349	351		Sec. 8510.01045. SUNSET REPORT AUDIT
350	352		Sec. 8510.0105. TERRITORY
351	353		Sec. 8510.0106. EFFECT OF OVERLAPPING TERRITORY
352	354		Sec. 8510.0107. APPLICABILITY OF CHAPTER TO CERTAIN
353	355		COUNTIES
354	356		Sec. 8510.0108. APPLICABILITY OF CHAPTER TO BOWIE
355	357		COUNTY
356	358		Sec. 8510.0109. LIBERAL CONSTRUCTION OF CHAPTER
357	359		SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
358	360		Sec. 8510.0201. MEMBERSHIP OF BOARD
359	361		Sec. 8510.0202. TERMS
360	362		Sec. 8510.0203. REMOVAL
361	363		Sec. 8510.0204. VACANCY
362	364		Sec. 8510.0205. OATH AND BOND REQUIREMENT FOR
363	365		DIRECTORS
364	366		Sec. 8510.0206. COMPENSATION OF DIRECTORS
365	367		Sec. 8510.0207. VOTING REQUIREMENT
366	368		Sec. 8510.0208. OFFICERS
367	369		Sec. 8510.0209. DIRECTOR TRAINING PROGRAM
368	370		Sec. 8510.0210. MEETINGS
369	371		Sec. 8510.0211. SEPARATION OF POLICYMAKING AND
370	372		MANAGEMENT FUNCTIONS
371	373		Sec. 8510.0212. ATTORNEYS, AGENTS, AND EMPLOYEES
372	374		Sec. 8510.0213. GENERAL MANAGER
373	375		Sec. 8510.0214. DIRECTOR'S, OFFICER'S, OR EMPLOYEE'S
374	376		SURETY BOND
375	377		Sec. 8510.0215. AUTHORITY'S OFFICE
376	378		Sec. 8510.0216. RECORDS
377	379		Sec. 8510.0217. COMPLAINTS
378	380		Sec. 8510.0218. ALTERNATIVE DISPUTE RESOLUTION
379	381		PROCEDURES
380	382		Sec. 8510.0219. PUBLIC TESTIMONY
381	383		SUBCHAPTER C. POWERS AND DUTIES
382	384		Sec. 8510.0301. GENERAL POWERS
383	385		Sec. 8510.0302. POWERS RELATING TO CONSERVATION AND
384	386		BENEFICIAL USE OF WATER
385	387		Sec. 8510.0303. POWERS REGARDING CANALS, WATERWAYS,
386	388		AND RELATED FACILITIES
387	389		Sec. 8510.0304. FEDERALLY CONSTRUCTED OR MAINTAINED
388	390		CANALS, WATERWAYS, AND FACILITIES
389	391		Sec. 8510.0305. POWER TO CONTROL, DEVELOP, STORE, AND
390	392		USE WATER FOR NAVIGATIONAL USE
391	393		Sec. 8510.0306. POWERS RELATING TO FLOODING
392	394		Sec. 8510.0307. MASTER PLAN FOR DEVELOPMENT OF SOIL
393	395		AND WATER RESOURCES
394	396		Sec. 8510.0308. POWERS RELATING TO PARKS AND
395	397		RECREATIONAL FACILITIES
396	398		Sec. 8510.0309. POWERS RELATING TO WASTE FACILITIES;
397	399		BONDS
398	400		Sec. 8510.0310. ADDITIONAL POWERS OF AUTHORITY AND
399	401		OTHER PERSONS; BONDS
400	402		Sec. 8510.0311. POWERS RELATING TO CONTRACTS
401	403		Sec. 8510.0312. POWERS RELATING TO WATER DISTRIBUTION
402	404		PLANTS OR SYSTEMS
403	405		Sec. 8510.0313. CONTRACTS FOR SALE AND DELIVERY OF
404	406		WATER TO CERTAIN MUNICIPALITIES
405	407		Sec. 8510.0314. ACQUISITION OF PROPERTY BY GIFT,
406	408		PURCHASE, OR EMINENT DOMAIN
407	409		Sec. 8510.0315. COST OF RELOCATING OR ALTERING
408	410		PROPERTY
409	411		Sec. 8510.0316. ACQUISITION OR OPERATION OF PROPERTY
410	412		Sec. 8510.0317. LIMITATION ON PURCHASE OF GROUNDWATER
411	413		RIGHTS
412	414		Sec. 8510.0318. LIMITATION ON POWERS OF AUTHORITY
413	415		REGARDING GROUNDWATER
414	416		Sec. 8510.0319. LIMITATION ON POWERS AND DUTIES OF
415	417		AUTHORITY; COMMISSION APPROVAL OF
416	418		CERTAIN PLANS
417	419		Sec. 8510.0320. LIMITATION ON POWER TO MANUFACTURE AND
418	420		PRODUCE GASOHOL
419	421		Sec. 8510.0321. SEAL
420	422		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
421	423		Sec. 8510.0401. PROCEDURE FOR PAYMENT
422	424		Sec. 8510.0402. RECEIPT OF MONEY
423	425		Sec. 8510.0403. FISCAL YEAR
424	426		Sec. 8510.0404. FILING OF AUDIT REPORT
425	427		Sec. 8510.0405. ASSET MANAGEMENT PLAN
426	428		Sec. 8510.0406. RATES AND CHARGES
427	429		Sec. 8510.0407. CHANGES TO RATES AND CHARGES
428	430		Sec. 8510.0408. NOTICE OF RIGHT TO APPEAL CHANGES TO
429	431		RATES
430	432		Sec. 8510.0409. DEPOSITORY
431	433		Sec. 8510.0410. TAX NOT AUTHORIZED BY CHAPTER
432	434		SUBCHAPTER E. BORROWED MONEY OR GRANTS
433	435		Sec. 8510.0501. POWER TO ISSUE OBLIGATIONS OR WARRANTS
434	436		Sec. 8510.0502. LOANS AND GRANTS
435	437		Sec. 8510.0503. POWER TO SEEK AND ACCEPT CONTRIBUTIONS
436	438		Sec. 8510.0504. POWER TO ISSUE BONDS
437	439		Sec. 8510.0505. FORM OF BONDS
438	440		Sec. 8510.0506. MATURITY
439	441		Sec. 8510.0507. BONDS PAYABLE FROM REVENUE
440	442		Sec. 8510.0508. COMPENSATION RATES
441	443		Sec. 8510.0509. ADDITIONAL SECURITY
442	444		Sec. 8510.0510. USE OF BOND PROCEEDS
443	445		Sec. 8510.0511. APPOINTMENT OF RECEIVER
444	446		Sec. 8510.0512. REFUNDING BONDS
445	447		CHAPTER 8510. RED RIVER AUTHORITY OF TEXAS
446	448		SUBCHAPTER A. GENERAL PROVISIONS
447	449		Sec. 8510.0101. DEFINITIONS. In this chapter:
448	450		(1) "Authority" means the Red River Authority of
449	451		Texas.
450	452		(2) "Board" means the authority's board of directors.
451	453		(3) "Commission" means the Texas Commission on
452	454		Environmental Quality.
453	455		(4) "Director" means a board member. (Acts 56th Leg.,
454	456		R.S., Ch. 279, Sec. 1 (part); New.)
455	457		Sec. 8510.0102. NATURE OF AUTHORITY. The authority is a
456	458		conservation and reclamation district created under Section 59,
457	459		Article XVI, Texas Constitution. (Acts 56th Leg., R.S., Ch. 279,
458	460		Sec. 1 (part).)
459	461		Sec. 8510.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
460	462		(a) The authority is:
461	463		(1) essential to accomplish the purposes of Section
462	464		59, Article XVI, Texas Constitution; and
463	465		(2) created to serve a public use and benefit.
464	466		(b) All land and other property inside the authority's
465	467		boundaries will benefit from the authority.
466	468		(c) All of the authority's territory will benefit by the
467	469		exercise of the powers, rights, privileges, and functions conferred
468	470		by this chapter.
469	471		(d) This chapter addresses a subject in which this state is
470	472		interested. (Acts 56th Leg., R.S., Ch. 279, Secs. 2 (part), 30
471	473		(part).)
472	474		Sec. 8510.0104. REVIEW SCHEDULE UNDER SUNSET ACT. A review
473	475		of the authority under Section 325.025, Government Code, shall be
474	476		conducted as if the authority were a state agency scheduled to be
475	477		abolished September 1, 2031, and every 12th year after that year.
476	478		(Acts 56th Leg., R.S., Ch. 279, Sec. 1A(a) (part).)
477	479		Sec. 8510.01045. SUNSET REPORT AUDIT. (a) The state
478	480		auditor shall conduct an audit of the authority to evaluate whether
479	481		the authority has addressed the operational challenges identified
480	482		in the report on the authority by the Sunset Advisory Commission
481	483		presented to the 86th Legislature.
482	484		(b) The state auditor may not begin the audit required by
483	485		Subsection (a) before December 1, 2021, and shall prepare and
484	486		submit a report of the findings of the audit to the chairman and
485	487		executive director of the Sunset Advisory Commission not later than
486	488		December 1, 2022.
487	489		(c) The state auditor shall include the auditor's duties
488	490		under this section in each audit plan under Section 321.013,
489	491		Government Code, that governs the auditor's duties for the period
490	492		specified by Subsection (b).
491	493		(d) This section expires January 1, 2023. (Acts 56th Leg.,
492	494		R.S., Ch. 279, Sec. 36.)
493	495		Sec. 8510.0105. TERRITORY. (a) The authority is composed
494	496		of the territory described by Subsection (b) as that territory may
495	497		have been modified under:
496	498		(1) Subchapter J, Chapter 49, Water Code;
497	499		(2) Subchapter O, Chapter 51, Water Code;
498	500		(3) Subchapter H, Chapter 62, Water Code; or
499	501		(4) other law.
500	502		(b) The authority is composed of:
501	503		(1) the whole of each county in this state located
502	504		wholly or partly in the watershed of the Red River and its
503	505		tributaries in this state whose confluences with the Red River are
504	506		upstream from the northeast corner of Bowie County, as shown by
505	507		contour maps on file with the Texas Water Development Board; and
506	508		(2) the whole of Hartley, Hutchinson, Lamar, Lipscomb,
507	509		and Red River Counties.
508	510		(c) A defect or irregularity in the boundary or an overlap
509	511		or conflict of the boundary with another authority or district does
510	512		not affect the authority's validity. (Acts 56th Leg., R.S., Ch.
511	513		279, Sec. 2 (part); New.)
512	514		Sec. 8510.0106. EFFECT OF OVERLAPPING TERRITORY. (a) An
513	515		overlap of the authority's territory with another district's or
514	516		authority's territory or watershed does not affect the powers,
515	517		affairs, duties, or functions of another district or authority,
516	518		including the Canadian River Municipal Water Authority.
517	519		(b) A district or authority of a local nature, peculiar to a
518	520		defined area, may be created wholly or partly inside the authority.
519	521		(c) The authority shall cooperate in every practical manner
520	522		with the sponsor of an existing or proposed district or authority
521	523		described by this section in the prosecution of its proposed
522	524		improvements. (Acts 56th Leg., R.S., Ch. 279, Sec. 3.)
523	525		Sec. 8510.0107. APPLICABILITY OF CHAPTER TO CERTAIN
524	526		COUNTIES. Except as provided by Section 8510.0108, this chapter
525	527		does not apply to Bowie, Cass, Delta, Franklin, Hopkins, Marion,
526	528		Morris, or Titus County. (Acts 56th Leg., R.S., Ch. 279, Sec. 2
527	529		(part).)
528	530		Sec. 8510.0108. APPLICABILITY OF CHAPTER TO BOWIE COUNTY.
529	531		(a) In this section, "project" means the United States Army Corps
530	532		of Engineers' Red River Bank Stabilization and Navigation Project,
531	533		from Index, Arkansas, to Denison Dam.
532	534		(b) Bowie County is included in the authority for the
533	535		limited purpose of participating in the project. This chapter
534	536		applies to Bowie County to the extent necessary to accomplish the
535	537		project.
536	538		(c) Bowie County is liable only for debt incurred by the
537	539		authority directly in connection with the project. The board may
538	540		exercise the powers and duties, including the power of eminent
539	541		domain, under this chapter with relation to Bowie County only to the
540	542		extent necessary to accomplish the project. (Acts 56th Leg., R.S.,
541	543		Ch. 279, Secs. 2 (part), 14d; New.)
542	544		Sec. 8510.0109. LIBERAL CONSTRUCTION OF CHAPTER. This
543	545		chapter shall be liberally construed to effectuate its purposes.
544	546		(Acts 56th Leg., R.S., Ch. 279, Sec. 30 (part).)
545	547		SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
546	548		Sec. 8510.0201. MEMBERSHIP OF BOARD. (a) The board
547	549		consists of nine directors appointed by the governor with the
548	550		advice and consent of the senate.
549	551		(b) Each director must be:
550	552		(1) a freehold property taxpayer and a qualified voter
551	553		of this state; and
552	554		(2) a resident of the director district that the
553	555		director is appointed to represent.
554	556		(c) The governor shall appoint three directors to represent
555	557		each of the following districts:
556	558		(1) director district no. 1 includes Armstrong,
557	559		Carson, Castro, Collingsworth, Deaf Smith, Donley, Gray, Hemphill,
558	560		Oldham, Parmer, Potter, Randall, Roberts, and Wheeler Counties;
559	561		(2) director district no. 2 includes Archer, Baylor,
560	562		Briscoe, Childress, Clay, Cottle, Crosby, Dickens, Floyd, Foard,
561	563		Hale, Hall, Hardeman, King, Knox, Motley, Swisher, Wichita, and
562	564		Wilbarger Counties; and
563	565		(3) director district no. 3 includes Bowie, Cooke,
564	566		Fannin, Grayson, Lamar, Montague, and Red River Counties. (Acts
565	567		56th Leg., R.S., Ch. 279, Secs. 4(a) (part), (b), (c), (d), (e).)
566	568		Sec. 8510.0202. TERMS. Directors serve staggered six-year
567	569		terms. (Acts 56th Leg., R.S., Ch. 279, Sec. 4(f) (part).)
568	570		Sec. 8510.0203. REMOVAL. (a) It is a ground for removal
569	571		from the board that a director:
570	572		(1) does not have at the time of taking office the
571	573		qualifications required by Sections 8510.0201 and 8510.0205;
572	574		(2) does not maintain during service on the board the
573	575		qualifications required by Sections 8510.0201 and 8510.0205;
574	576		(3) is ineligible for directorship under Chapter 171,
575	577		Local Government Code;
576	578		(4) cannot, because of illness or disability,
577	579		discharge the director's duties for a substantial part of the
578	580		director's term; or
579	581		(5) is absent from more than half of the regularly
580	582		scheduled board meetings that the director is eligible to attend
581	583		during a calendar year without an excuse approved by a majority vote
582	584		of the board.
583	585		(b) The validity of a board action is not affected by the
584	586		fact that it is taken when a ground for removal of a director
585	587		exists.
586	588		(c) If the general manager has knowledge that a potential
587	589		ground for removal exists, the general manager shall notify the
588	590		board president of the potential ground. The president shall then
589	591		notify the governor and the attorney general that a potential
590	592		ground for removal exists. If the potential ground for removal
591	593		involves the president, the general manager shall notify the next
592	594		highest ranking director, who shall then notify the governor and
593	595		the attorney general that a potential ground for removal exists.
594	596		(Acts 56th Leg., R.S., Ch. 279, Sec. 4a.)
595	597		Sec. 8510.0204. VACANCY. The governor fills a board
596	598		vacancy for the unexpired part of the term in the manner provided by
597	599		Section 8510.0201. (Acts 56th Leg., R.S., Ch. 279, Sec. 4(f)
598	600		(part).)
599	601		Sec. 8510.0205. OATH AND BOND REQUIREMENT FOR DIRECTORS.
600	602		(a) Not later than the 15th day after the date of appointment, a
601	603		director shall qualify by:
602	604		(1) taking the constitutional oath of office; and
603	605		(2) filing a good and sufficient bond with the
604	606		secretary of state and obtaining the secretary of state's approval
605	607		on the bond.
606	608		(b) The bond must be:
607	609		(1) in the amount of $5,000;
608	610		(2) payable to the authority; and
609	611		(3) conditioned on the faithful performance of duties
610	612		as a director. (Acts 56th Leg., R.S., Ch. 279, Sec. 4(g).)
611	613		Sec. 8510.0206. COMPENSATION OF DIRECTORS. (a) Unless the
612	614		board by resolution increases the fee to an amount authorized by
613	615		Section 49.060, Water Code, a director shall receive as a fee of
614	616		office an amount not to exceed $25 for each day of service necessary
615	617		to discharge the director's duties if the board authorizes the
616	618		same.
617	619		(b) Not later than the last day of each month or as soon as
618	620		practicable after that date, a director shall file with the
619	621		secretary a verified statement showing the amount due under
620	622		Subsection (a).
621	623		(c) The authority shall issue a warrant for the amount shown
622	624		in the verified statement filed under Subsection (b).
623	625		(d) In all areas of conflict with this section, Section
624	626		49.060, Water Code, takes precedence. (Acts 56th Leg., R.S., Ch.
625	627		279, Secs. 10(a) (part), (b).)
626	628		Sec. 8510.0207. VOTING REQUIREMENT. (a) Except as
627	629		provided by Subsection (b), a concurrence of a majority of the
628	630		directors present is sufficient in any matter relating to authority
629	631		business.
630	632		(b) The concurrence of seven directors is required to award
631	633		a construction contract or to authorize the issuance of a warrant to
632	634		pay for a construction contract. (Acts 56th Leg., R.S., Ch. 279,
633	635		Sec. 5 (part).)
634	636		Sec. 8510.0208. OFFICERS. (a) The governor shall
635	637		designate a director as the board president to serve as the
636	638		authority's chief executive officer at the pleasure of the
637	639		governor.
638	640		(b) The board shall elect one director as vice president,
639	641		one director as secretary, and one director as treasurer.
640	642		(c) The vice president shall act as president if the
641	643		president is absent or disabled.
642	644		(d) The secretary shall act as board secretary. The board
643	645		shall select a secretary pro tem if the secretary is absent or
644	646		unable to act.
645	647		(e) The authority may appoint officers, prescribe their
646	648		duties, and set their compensation. (Acts 56th Leg., R.S., Ch. 279,
647	649		Secs. 5 (part), 7 (part), 22 (part).)
648	650		Sec. 8510.0209. DIRECTOR TRAINING PROGRAM. (a) A person
649	651		who is appointed to and qualifies for office as a director may not
650	652		vote, deliberate, or be counted as a director in attendance at a
651	653		board meeting until the person completes a training program that
652	654		complies with this section.
653	655		(b) The training program must provide the person with
654	656		information regarding:
655	657		(1) the law governing the authority's operations;
656	658		(2) the authority's programs, functions, rules, and
657	659		budget;
658	660		(3) the results of the authority's most recent formal
659	661		audit;
660	662		(4) the requirements of:
661	663		(A) laws relating to open meetings, public
662	664		information, administrative procedure, and disclosure of conflicts
663	665		of interest; and
664	666		(B) other laws applicable to members of the
665	667		governing body of a river authority in performing their duties; and
666	668		(5) any applicable ethics policies adopted by the
667	669		authority or the Texas Ethics Commission.
668	670		(c) A person appointed to the board is entitled to
669	671		reimbursement for the travel expenses incurred in attending the
670	672		training program regardless of whether the attendance at the
671	673		program occurs before or after the person qualifies for office.
672	674		(d) The general manager shall create a training manual that
673	675		includes the information required by Subsection (b). The general
674	676		manager shall distribute a copy of the training manual annually to
675	677		each director. Each director shall sign and submit to the general
676	678		manager a statement acknowledging that the director has received
677	679		and reviewed the training manual. (Acts 56th Leg., R.S., Ch. 279,
678	680		Sec. 4b.)
679	681		Sec. 8510.0210. MEETINGS. (a) The president shall preside
680	682		at all board meetings.
681	683		(b) At each regular board meeting, the board shall:
682	684		(1) include public testimony as a meeting agenda item;
683	685		and
684	686		(2) allow the public to comment on all meeting agenda
685	687		items and other matters under the authority's jurisdiction.
686	688		(c) At a regular board meeting, the board may not deliberate
687	689		on or decide a matter not included in the meeting agenda, except
688	690		that the board may discuss including the matter on the agenda for a
689	691		subsequent meeting.
690	692		(d) The board or a board committee may hold a meeting by
691	693		telephone conference call, by video conference call, or through
692	694		communications over the Internet, in accordance with procedures
693	695		provided by Subchapter F, Chapter 551, Government Code, if the
694	696		board president or any three board members determine that holding
695	697		the meeting in that manner is necessary or convenient. (Acts 56th
696	698		Leg., R.S., Ch. 279, Secs. 7 (part), 7a, 34(b).)
697	699		Sec. 8510.0211. SEPARATION OF POLICYMAKING AND MANAGEMENT
698	700		FUNCTIONS. The board shall develop and implement policies that
699	701		clearly separate the board's policymaking responsibilities and the
700	702		general manager's and staff's management responsibilities. (Acts
701	703		56th Leg., R.S., Ch. 279, Sec. 11a.)
702	704		Sec. 8510.0212. ATTORNEYS, AGENTS, AND EMPLOYEES. (a) The
703	705		authority may appoint attorneys, agents, and employees, prescribe
704	706		their duties, and set their compensation.
705	707		(b) The board may remove an authority employee.
706	708		(c) The board shall set the term of office and the
707	709		compensation to be paid to authority employees. (Acts 56th Leg.,
708	710		R.S., Ch. 279, Secs. 11 (part), 22 (part).)
709	711		Sec. 8510.0213. GENERAL MANAGER. (a) The board may employ
710	712		a general manager.
711	713		(b) The board shall set the term of office and the
712	714		compensation to be paid to the general manager.
713	715		(c) The board may not employ a director as general manager.
714	716		(Acts 56th Leg., R.S., Ch. 279, Sec. 11 (part).)
715	717		Sec. 8510.0214. DIRECTOR'S, OFFICER'S, OR EMPLOYEE'S SURETY
716	718		BOND. (a) A bond required of an authority director, officer, or
717	719		employee must be executed by a surety company authorized to do
718	720		business in this state, as surety on the bond.
719	721		(b) The authority shall pay the premium on the bond. (Acts
720	722		56th Leg., R.S., Ch. 279, Sec. 12.)
721	723		Sec. 8510.0215. AUTHORITY'S OFFICE. A regular office shall
722	724		be established and maintained to conduct the authority's business
723	725		inside the authority's territory at a place determined by the
724	726		board. (Acts 56th Leg., R.S., Ch. 279, Sec. 8 (part).)
725	727		Sec. 8510.0216. RECORDS. The secretary shall maintain a
726	728		record of all board proceedings and orders. (Acts 56th Leg., R.S.,
727	729		Ch. 279, Sec. 7 (part).)
728	730		Sec. 8510.0217. COMPLAINTS. (a) The authority shall
729	731		maintain a system to promptly and efficiently act on complaints
730	732		filed with the authority.
731	733		(b) The authority shall maintain:
732	734		(1) information about the subject matter of the
733	735		complaint;
734	736		(2) information about the parties to the complaint;
735	737		(3) a summary of the results of the review or
736	738		investigation of the complaint; and
737	739		(4) the disposition of the complaint.
738	740		(c) Periodically, the authority shall notify the parties to
739	741		the complaint of the complaint's status until final disposition.
740	742		(d) The authority shall make information available
741	743		describing its procedures for complaint investigation and
742	744		resolution. (Acts 56th Leg., R.S., Ch. 279, Sec. 35.)
743	745		Sec. 8510.0218. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
744	746		(a) The board shall develop a policy to encourage the use of
745	747		appropriate alternative dispute resolution procedures under
746	748		Chapter 2009, Government Code, to assist in the resolution of
747	749		internal and external disputes under the authority's jurisdiction.
748	750		(b) The authority's procedures relating to alternative
749	751		dispute resolution must conform, to the extent possible, to any
750	752		model guidelines issued by the State Office of Administrative
751	753		Hearings for the use of alternative dispute resolution by state
752	754		agencies.
753	755		(c) The authority shall:
754	756		(1) coordinate the implementation of the policy
755	757		adopted under Subsection (a);
756	758		(2) provide training as needed to implement the
757	759		procedures for alternative dispute resolution; and
758	760		(3) collect data concerning the effectiveness of those
759	761		procedures. (Acts 56th Leg., R.S., Ch. 279, Sec. 33, as added by
760	762		Acts 86th Leg., R.S., Ch. 23.)
761	763		Sec. 8510.0219. PUBLIC TESTIMONY. The board shall develop
762	764		and implement policies that provide the public with a reasonable
763	765		opportunity to appear before the board and to speak on any issue
764	766		under the authority's jurisdiction. (Acts 56th Leg., R.S., Ch.
765	767		279, Sec. 34(a).)
766	768		SUBCHAPTER C. POWERS AND DUTIES
767	769		Sec. 8510.0301. GENERAL POWERS. (a) The authority has:
768	770		(1) the functions, powers, rights, and duties as may
769	771		permit the authority to accomplish the purposes for which it is
770	772		created;
771	773		(2) the powers of this state under Section 59, Article
772	774		XVI, Texas Constitution; and
773	775		(3) all powers, rights, privileges, and functions
774	776		conferred on navigation districts by general law.
775	777		(b) Except as otherwise provided by this chapter, the
776	778		authority has the rights, power, and privileges conferred by the
777	779		general law applicable to a water control and improvement district
778	780		created under Section 59, Article XVI, Texas Constitution,
779	781		including Chapter 51, Water Code.
780	782		(c) The authority is governed by Chapters 49, 60, and 62,
781	783		Water Code, but in all areas of conflict, Chapter 62 takes
782	784		precedence. (Acts 56th Leg., R.S., Ch. 279, Secs. 14a (part), 19
783	785		(part), 31; New.)
784	786		Sec. 8510.0302. POWERS RELATING TO CONSERVATION AND
785	787		BENEFICIAL USE OF WATER. (a) The authority has the powers of this
786	788		state under Section 59, Article XVI, Texas Constitution, to
787	789		effectuate flood control and the conservation and use of the storm,
788	790		flood, and unappropriated waters of the watershed of the Red River
789	791		and its tributaries in this state for all beneficial purposes,
790	792		subject only to:
791	793		(1) the legislature's policy declarations as to water
792	794		use;
793	795		(2) the commission's continuing supervision and
794	796		control;
795	797		(3) the provisions of Section 11.024, Water Code,
796	798		prescribing the priorities of water uses; and
797	799		(4) the water rights acquired by municipalities and
798	800		other users.
799	801		(b) The authority shall exercise its powers for the greatest
800	802		practicable measure of the conservation and beneficial use of the
801	803		storm, flood, and unappropriated waters of the watershed of the Red
802	804		River and its tributaries in this state in the manner and for the
803	805		particular purposes specified by this chapter, including the
804	806		exercise of its powers to provide for:
805	807		(1) the study, correction, and control of both
806	808		artificial and natural pollution of the Red River and its
807	809		tributaries;
808	810		(2) the control, conservation, and orderly
809	811		development of the watershed and water of the Red River and its
810	812		tributaries in this state through all practical and legal means;
811	813		(3) the preservation of the equitable rights and
812	814		beneficial use of the waters for the people of the different
813	815		sections of the authority;
814	816		(4) the storage, control, and conservation of the
815	817		waters of the Red River and its tributaries in this state and the
816	818		prevention of the escape of any of those waters without the maximum
817	819		of public service;
818	820		(5) the prevention of the devastation of lands from
819	821		recurrent overflows;
820	822		(6) the protection of life and property in the
821	823		watershed of the Red River and its tributaries from uncontrolled
822	824		flood waters;
823	825		(7) the conservation of storm, flood, and
824	826		unappropriated waters of the watershed of the Red River and its
825	827		tributaries in this state essential for the beneficial uses of the
826	828		people of that watershed;
827	829		(8) the better encouragement and development of
828	830		drainage systems and drainage of lands that need drainage for
829	831		profitable agricultural production;
830	832		(9) the conservation of soil to prevent destructive
831	833		erosion and the increased threat of flooding incident to that
832	834		erosion;
833	835		(10) the control of those waters and making them
834	836		available for use in the development of commercial, industrial, and
835	837		agricultural enterprises in all sections of the authority; and
836	838		(11) any purpose for which waters when controlled and
837	839		conserved may be used in the performance of a useful service as
838	840		authorized by the constitution of this state.
839	841		(c) For purposes of Subsection (b)(1), the authority may:
840	842		(1) adopt rules with regard to the pollution described
841	843		by that subdivision;
842	844		(2) engage in policing to enforce those rules; and
843	845		(3) provide for penalties for violating those rules
844	846		consisting of:
845	847		(A) fines not to exceed $1,000;
846	848		(B) confinement in the county jail for a period
847	849		not to exceed 30 days; or
848	850		(C) both the fine and confinement.
849	851		(d) The general law pertaining to a water control and
850	852		improvement district, including Chapters 49 and 51, Water Code,
851	853		applies to Subsection (b)(1).
852	854		(e) The authority may store and conserve to the greatest
853	855		beneficial use the storm, flood, and unappropriated waters of the
854	856		Red River in this state or any tributary of that river in the
855	857		authority to prevent the escape of water without maximum beneficial
856	858		use inside or outside the authority's boundaries. (Acts 56th Leg.,
857	859		R.S., Ch. 279, Secs. 14 (part), 14a (part); New.)
858	860		Sec. 8510.0303. POWERS REGARDING CANALS, WATERWAYS, AND
859	861		RELATED FACILITIES. (a) The authority may:
860	862		(1) promote, construct, maintain and operate, or aid
861	863		and encourage, the construction, maintenance, and operation of
862	864		navigable canals or waterways and all navigational systems or
863	865		facilities auxiliary to navigable canals or waterways using the
864	866		natural bed and banks of the Red River, where practicable, and then
865	867		traversing a route the authority may find to be more feasible and
866	868		practicable to connect the Red River in this state with any new
867	869		navigation canals to be constructed in the lower reaches of the Red
868	870		River or to connect the Red River with the Gulf Intracoastal
869	871		Waterway;
870	872		(2) construct a system of artificial waterways and
871	873		canals, together with all locks and other works, structures, and
872	874		artificial facilities as may be necessary and convenient for the
873	875		construction, maintenance, and operation of:
874	876		(A) navigation canals or waterways; and
875	877		(B) all navigational systems and facilities
876	878		auxiliary to navigation canals or waterways; and
877	879		(3) acquire, improve, extend, take over, construct,
878	880		maintain, repair, operate, develop, and regulate ports, levees,
879	881		wharves, docks, locks, warehouses, grain elevators, dumping
880	882		facilities, belt railways, lands, and all other facilities or aids
881	883		to navigation or aids necessary to the operation or development of
882	884		ports or waterways in the Red River basin in this state.
883	885		(b) A power described by Subsection (a)(3) applies with
884	886		respect to a facility or aid described by that subdivision only if
885	887		the facility or aid is in a county located inside the authority.
886	888		(Acts 56th Leg., R.S., Ch. 279, Sec. 14a (part).)
887	889		Sec. 8510.0304. FEDERALLY CONSTRUCTED OR MAINTAINED
888	890		CANALS, WATERWAYS, AND FACILITIES. If the construction or
889	891		maintenance and operation of navigable canals or waterways and all
890	892		navigational systems or facilities auxiliary to navigable canals or
891	893		waterways on the Red River in this state is taken over or performed
892	894		by the federal government or an agency of the federal government,
893	895		then the authority may:
894	896		(1) enter into contracts that may be required by the
895	897		federal government, including assignments and transfers of
896	898		property, property rights, easements, and privileges; and
897	899		(2) take any other action required by the federal
898	900		government or an agency of the federal government. (Acts 56th Leg.,
899	901		R.S., Ch. 279, Sec. 14a (part).)
900	902		Sec. 8510.0305. POWER TO CONTROL, DEVELOP, STORE, AND USE
901	903		WATER FOR NAVIGATIONAL USE. (a) The authority may control,
902	904		develop, store, and use the natural flow and floodwaters of the Red
903	905		River and its tributaries for the purpose of operating and
904	906		maintaining:
905	907		(1) navigable canals or waterways; and
906	908		(2) navigational systems or facilities auxiliary to
907	909		navigable canals or waterways.
908	910		(b) The navigational use of water authorized by Subsection
909	911		(a) is subordinate and incidental to consumptive use of water.
910	912		(Acts 56th Leg., R.S., Ch. 279, Sec. 14a (part).)
911	913		Sec. 8510.0306. POWERS RELATING TO FLOODING. The authority
912	914		may effectuate channel rectification or alignment and the
913	915		construction, maintenance, and operation of bank stabilization
914	916		facilities to:
915	917		(1) prevent and aid in preventing devastation of lands
916	918		from recurrent overflows; and
917	919		(2) protect life and property in the watershed of the
918	920		Red River in this state or any tributaries of that river in the
919	921		authority from uncontrolled floodwaters. (Acts 56th Leg., R.S.,
920	922		Ch. 279, Sec. 14a (part).)
921	923		Sec. 8510.0307. MASTER PLAN FOR DEVELOPMENT OF SOIL AND
922	924		WATER RESOURCES. (a) The authority shall prepare a master plan for
923	925		the maximum development of the soil and water resources of the Red
924	926		River watershed inside the authority.
925	927		(b) The master plan must include plans for the complete use
926	928		of the water resources of the watershed for all economically
927	929		beneficial purposes.
928	930		(c) A soil and water conservation district in the Red River
929	931		watershed shall prepare the portion of the master plan and
930	932		amendments to the plan relating to soil conservation, upstream
931	933		flood prevention, and watershed protection works in aid of soil
932	934		conservation and upstream flood prevention, subject to the approval
933	935		of the State Soil and Water Conservation Board.
934	936		(d) The master plan must be filed with and approved by the
935	937		commission. (Acts 56th Leg., R.S., Ch. 279, Sec. 14(k).)
936	938		Sec. 8510.0308. POWERS RELATING TO PARKS AND RECREATIONAL
937	939		FACILITIES. (a) The authority may acquire:
938	940		(1) additional land adjacent to a permanent
939	941		improvement constructed inside the authority for the purpose of
940	942		developing public parks and recreational facilities; and
941	943		(2) necessary right-of-way for public ingress and
942	944		egress to an area described by Subdivision (1).
943	945		(b) The authority may provide recreational facilities and
944	946		services and may enter into a contract or agreement with any person
945	947		for the construction, operation, or maintenance of a park or
946	948		recreational facility.
947	949		(c) The authority may perform a function necessary to
948	950		qualify for a state or federal recreational grant or loan.
949	951		(d) The legislature intends that the authority coordinate
950	952		the development of any public parks or recreational facilities with
951	953		the Parks and Wildlife Department for conformity with the land and
952	954		water resources conservation and recreation plan. (Acts 56th Leg.,
953	955		R.S., Ch. 279, Sec. 14a (part).)
954	956		Sec. 8510.0309. POWERS RELATING TO WASTE FACILITIES; BONDS.
955	957		(a) As a necessary aid to the conservation, control, preservation,
956	958		and distribution of the water of the Red River and its tributaries
957	959		for beneficial use, the authority may:
958	960		(1) purchase, construct, improve, repair, operate,
959	961		and maintain works and facilities necessary for the collection,
960	962		transportation, treatment, and disposal of sewage and industrial
961	963		waste and effluent; and
962	964		(2) issue bonds for a purpose described by Subdivision
963	965		(1).
964	966		(b) The authority may contract with:
965	967		(1) a municipality or other entity to collect,
966	968		transport, treat, and dispose of sewage from the municipality or
967	969		entity; and
968	970		(2) a municipality for the use of collection,
969	971		transportation, treatment, or disposal facilities owned by the
970	972		municipality or by the authority.
971	973		(c) A bond issued under this section must be:
972	974		(1) payable from revenue under a contract described by
973	975		this section or from other authority income; and
974	976		(2) in the form and issued in the manner prescribed by
975	977		law for other revenue bonds and as provided by Sections 8510.0504,
976	978		8510.0505, 8510.0506, 8510.0507, 8510.0508, 8510.0509, 8510.0510,
977	979		8510.0511, and 8510.0512. (Acts 56th Leg., R.S., Ch. 279, Sec. 14a
978	980		(part).)
979	981		Sec. 8510.0310. ADDITIONAL POWERS OF AUTHORITY AND OTHER
980	982		PERSONS; BONDS. (a) In this section, "public agency" means an
981	983		authority, district, municipality, other political subdivision,
982	984		joint board, or other public agency created and operating under the
983	985		laws of this state.
984	986		(b) The authority and a person may:
985	987		(1) contract, on terms to which the parties may agree,
986	988		with respect to an authority power, function, or duty; and
987	989		(2) execute appropriate documents and instruments in
988	990		connection with a contract described by Subdivision (1).
989	991		(c) The authority may issue bonds in the manner provided by
990	992		Sections 8510.0504, 8510.0505, 8510.0506, 8510.0507, 8510.0508,
991	993		8510.0510, and 8510.0511 with respect to its powers, including the
992	994		powers granted by this section, for the purpose of providing money:
993	995		(1) to enable the authority to pay for the costs of
994	996		engineering design and studies, surveys, title research,
995	997		appraisals, options on property, and other related matters and
996	998		activities in connection with planning and implementing various
997	999		proposed projects or improvements; and
998	1000		(2) to operate and maintain a facility.
999	1001		(d) Notwithstanding any other provision of this chapter,
1000	1002		the authority may undertake and carry out any activities, enter
1001	1003		into loan agreements, leases, or installment sales agreements, and
1002	1004		acquire, construct, own, operate, maintain, repair, improve, or
1003	1005		extend and loan, lease, sell, or otherwise dispose of, on terms
1004	1006		including rentals, sale price, or installment sale payments as the
1005	1007		parties may agree, at any place or location inside the authority's
1006	1008		boundaries, any and all money or bond proceeds, works,
1007	1009		improvements, facilities, plants, buildings, structures,
1008	1010		equipment, and appliances, and all property or any property
1009	1011		interest, that is incident, helpful, or necessary.
1010	1012		(e) The authority may exercise the powers provided by
1011	1013		Subsection (d) to:
1012	1014		(1) provide for the control, storage, preservation,
1013	1015		transmission, treatment, distribution, and use of water, including
1014	1016		storm water, floodwater, and the water of rivers and streams, for
1015	1017		irrigation, electric energy, flood control, municipal, domestic,
1016	1018		industrial, agricultural, and commercial uses and purposes and for
1017	1019		all other beneficial purposes;
1018	1020		(2) supply water for municipal, domestic, electric
1019	1021		energy, industrial, irrigation, oil flooding, mining,
1020	1022		agricultural, and commercial uses and purposes and for all other
1021	1023		beneficial uses and purposes;
1022	1024		(3) generate, produce, distribute, and sell electric
1023	1025		energy; and
1024	1026		(4) facilitate the carrying out of an authority power,
1025	1027		duty, or function.
1026	1028		(f) The purposes stated by Subsection (e) are for the
1027	1029		conservation and development of the natural resources of this state
1028	1030		within the meaning of Section 59, Article XVI, Texas Constitution.
1029	1031		(g) A public agency may:
1030	1032		(1) impose a fee, rate, charge, rental, or other
1031	1033		amount, including a water charge, a sewage charge, a solid waste
1032	1034		disposal system fee and a charge including garbage collection or
1033	1035		handling fee, or another charge or fee, for a service or facility
1034	1036		provided by a utility operated by the public agency, or provided
1035	1037		pursuant to or in connection with a contract with the authority;
1036	1038		(2) impose an amount described by Subdivision (1) on
1037	1039		inhabitants, users, or beneficiaries of the utility, service, or
1038	1040		facility described by that subdivision; and
1039	1041		(3) use or pledge an amount described by Subdivision
1040	1042		(1) to make a payment to the authority required under the contract
1041	1043		and may pledge that amount in an amount sufficient to make all or
1042	1044		any part of the payment to the authority when due.
1043	1045		(h) If a public agency and the authority agree in a
1044	1046		contract, the payment made by the public agency to the authority
1045	1047		under the contract is an expense of operation of a facility or
1046	1048		utility operated by the public agency.
1047	1049		(i) This section does not compel a person or public agency
1048	1050		to secure water, sewer service, or another service from the
1049	1051		authority, except under a voluntarily executed contract. (Acts
1050	1052		56th Leg., R.S., Ch. 279, Secs. 14b(a)(part), (b), (d), (e), (f),
1051	1053		(g), (h)(part), (j).)
1052	1054		Sec. 8510.0311. POWERS RELATING TO CONTRACTS. (a) The
1053	1055		authority may execute any contract and enter into any agreement
1054	1056		necessary to accomplish the purpose for which it was created,
1055	1057		including a contract with a municipality, corporation, or district,
1056	1058		the United States, this state or an agency of this state, or the
1057	1059		state of Oklahoma, Arkansas, or Louisiana, the confines of which
1058	1060		are contiguous or adjacent to the Red River.
1059	1061		(b) The authority may enter into a contract or execute an
1060	1062		instrument necessary or convenient to the exercise of the
1061	1063		authority's powers, rights, privileges, and functions granted by
1062	1064		this chapter and general law pertaining to a water control and
1063	1065		improvement district. (Acts 56th Leg., R.S., Ch. 279, Secs. 16, 22
1064	1066		(part).)
1065	1067		Sec. 8510.0312. POWERS RELATING TO WATER DISTRIBUTION
1066	1068		PLANTS OR SYSTEMS. (a) The authority may contract with a
1067	1069		municipality located inside its boundaries for the purchase, lease,
1068	1070		use, management, control, or operation of a water distribution
1069	1071		plant or system owned by the municipality in accordance with the
1070	1072		terms mutually agreed on by the governing bodies of the authority
1071	1073		and the municipality.
1072	1074		(b) The authority may acquire by a contract described by
1073	1075		Subsection (a) rights in surface water or groundwater belonging to
1074	1076		the municipality.
1075	1077		(c) The authority may use water rights acquired from a
1076	1078		municipality under Subsection (b) only for:
1077	1079		(1) a purpose for which the municipality would be
1078	1080		authorized to use them; and
1079	1081		(2) the purposes of the municipality's water
1080	1082		distribution plant or system. (Acts 56th Leg., R.S., Ch. 279, Sec.
1081	1083		16a.)
1082	1084		Sec. 8510.0313. CONTRACTS FOR SALE AND DELIVERY OF WATER TO
1083	1085		CERTAIN MUNICIPALITIES. The authority may enter into a contract
1084	1086		necessary to provide for the sale and delivery of water to the City
1085	1087		of Eldorado, Oklahoma. (Acts 56th Leg., R.S., Ch. 279, Sec. 16A.)
1086	1088		Sec. 8510.0314. ACQUISITION OF PROPERTY BY GIFT, PURCHASE,
1087	1089		OR EMINENT DOMAIN. (a) In this section, "property" means property
1088	1090		of any kind, including a lighter, tug, barge, or other floating
1089	1091		equipment of any nature.
1090	1092		(b) The authority may acquire by gift or purchase property
1091	1093		or a property interest located inside or outside the authority's
1092	1094		boundaries necessary to the exercise of the powers, rights,
1093	1095		privileges, and functions conferred on the authority by this
1094	1096		chapter and by the exercise of the power of eminent domain in the
1095	1097		manner provided by Subsection (c), provided that the authority is
1096	1098		not required to give bond for appeal or bond for costs in a judicial
1097	1099		proceeding.
1098	1100		(c) The authority may exercise the power of eminent domain
1099	1101		in the manner provided by the general law applicable to a water
1100	1102		control and improvement district.
1101	1103		(d) The authority may not exercise the power of eminent
1102	1104		domain outside the authority's boundaries.
1103	1105		(e) The authority's authority under this section to
1104	1106		exercise the power of eminent domain expired on September 1, 2013,
1105	1107		unless the authority submitted a letter to the comptroller in
1106	1108		accordance with Section 2206.101(b), Government Code, not later
1107	1109		than December 31, 2012. (Acts 56th Leg., R.S., Ch. 279, Secs. 14a
1108	1110		(part), 18 (part), 19 (part); New.)
1109	1111		Sec. 8510.0315. COST OF RELOCATING OR ALTERING PROPERTY.
1110	1112		If the authority's exercise of the power of eminent domain, the
1111	1113		power of relocation, or any other power granted by this chapter
1112	1114		makes necessary relocating, raising, rerouting, changing the grade
1113	1115		of, or altering the construction of a highway, railroad, electric
1114	1116		transmission line, telephone or telegraph property or facility, or
1115	1117		pipeline, the necessary action shall be accomplished at the
1116	1118		authority's sole expense. (Acts 56th Leg., R.S., Ch. 279, Sec. 18
1117	1119		(part).)
1118	1120		Sec. 8510.0316. ACQUISITION OR OPERATION OF PROPERTY. (a)
1119	1121		In this section, "property" includes:
1120	1122		(1) rights, including surface water rights and
1121	1123		groundwater rights; and
1122	1124		(2) land, tenements, easements, rights-of-way,
1123	1125		improvements, reservoirs, dams, canals, laterals, plants, works,
1124	1126		and facilities.
1125	1127		(b) The authority may investigate, plan, acquire,
1126	1128		construct, maintain, or operate any property the authority
1127	1129		considers necessary or proper to accomplish the purposes for which
1128	1130		the authority is created.
1129	1131		(c) The power described by Subsection (b) includes the power
1130	1132		to acquire, inside or outside the authority, property and all other
1131	1133		rights that are incidental or helpful to carrying out the purposes
1132	1134		for which the authority is created.
1133	1135		(d) The authority may purchase groundwater rights only as
1134	1136		provided by Section 8510.0317.
1135	1137		(e) Notwithstanding the other provisions of this section,
1136	1138		the authority may engage in the generation or distribution of
1137	1139		electric energy only as provided by Section 8510.0310. (Acts 56th
1138	1140		Leg., R.S., Ch. 279, Sec. 19 (part); New.)
1139	1141		Sec. 8510.0317. LIMITATION ON PURCHASE OF GROUNDWATER
1140	1142		RIGHTS. The authority may purchase groundwater rights in a county
1141	1143		inside the authority's territory only if:
1142	1144		(1) there is a groundwater conservation district that
1143	1145		has jurisdiction over water wells located in the county; or
1144	1146		(2) in a county that is not in the jurisdiction of a
1145	1147		groundwater conservation district, the commissioners court of the
1146	1148		county approves the purchase of groundwater rights by the authority
1147	1149		in the county. (Acts 56th Leg., R.S., Ch. 279, Sec. 19a.)
1148	1150		Sec. 8510.0318. LIMITATION ON POWERS OF AUTHORITY REGARDING
1149	1151		GROUNDWATER. This chapter does not authorize the authority to:
1150	1152		(1) acquire or regulate groundwater or groundwater
1151	1153		rights by the exercise of the power of eminent domain; or
1152	1154		(2) regulate the use of groundwater resources. (Acts
1153	1155		56th Leg., R.S., Ch. 279, Sec. 25.)
1154	1156		Sec. 8510.0319. LIMITATION ON POWERS AND DUTIES OF
1155	1157		AUTHORITY; COMMISSION APPROVAL OF CERTAIN PLANS. (a) The
1156	1158		authority's powers and duties under this chapter are subject to all
1157	1159		legislative declarations of public policy in the maximum use of the
1158	1160		waters of the authority's watersheds for the purposes for which the
1159	1161		authority was created.
1160	1162		(b) The commission shall consider the adequacy and
1161	1163		feasibility of, and approve or refuse to approve, each flood
1162	1164		control or conservation plan that is devised to achieve a purpose
1163	1165		for which the authority was created. (Acts 56th Leg., R.S., Ch.
1164	1166		279, Sec. 15 (part).)
1165	1167		Sec. 8510.0320. LIMITATION ON POWER TO MANUFACTURE AND
1166	1168		PRODUCE GASOHOL. The authority may manufacture and produce gasohol
1167	1169		only:
1168	1170		(1) to operate the authority's equipment in an
1169	1171		emergency as determined by the authority's general manager; and
1170	1172		(2) on obtaining any necessary authorization required
1171	1173		by law. (Acts 56th Leg., R.S., Ch. 279, Sec. 14c(a).)
1172	1174		Sec. 8510.0321. SEAL. The authority may use a corporate
1173	1175		seal. (Acts 56th Leg., R.S., Ch. 279, Sec. 22 (part).)
1174	1176		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1175	1177		Sec. 8510.0401. PROCEDURE FOR PAYMENT. A warrant for the
1176	1178		payment of money by the authority may be drawn and signed by two
1177	1179		authority officers or employees, as designated by a standing order
1178	1180		entered in the authority's minutes, if the account has been
1179	1181		contracted and ordered paid by the board. (Acts 56th Leg., R.S.,
1180	1182		Ch. 279, Sec. 5 (part).)
1181	1183		Sec. 8510.0402. RECEIPT OF MONEY. The treasurer shall
1182	1184		receive and give a receipt for all money received and spent by the
1183	1185		authority. (Acts 56th Leg., R.S., Ch. 279, Sec. 7 (part).)
1184	1186		Sec. 8510.0403. FISCAL YEAR. The authority's fiscal year
1185	1187		ends September 30 of each year. (Acts 56th Leg., R.S., Ch. 279,
1186	1188		Sec. 9 (part).)
1187	1189		Sec. 8510.0404. FILING OF AUDIT REPORT. A copy of the audit
1188	1190		report prepared under Subchapter G, Chapter 49, Water Code, shall
1189	1191		be filed:
1190	1192		(1) as required by Section 49.194, Water Code; and
1191	1193		(2) in the office of the auditor. (Acts 56th Leg.,
1192	1194		R.S., Ch. 279, Sec. 9 (part); New.)
1193	1195		Sec. 8510.0405. ASSET MANAGEMENT PLAN. (a) In this
1194	1196		section, "system" means a system for the:
1195	1197		(1) provision of water to the public for human
1196	1198		consumption; or
1197	1199		(2) collection and treatment of wastewater.
1198	1200		(b) The authority shall adopt an asset management plan by:
1199	1201		(1) preparing an asset inventory that identifies the
1200	1202		assets of each system and the condition of the assets;
1201	1203		(2) developing criteria to prioritize assets for
1202	1204		repair or replacement, including:
1203	1205		(A) the date by which the asset will need to be
1204	1206		repaired or replaced;
1205	1207		(B) the importance of the asset in providing safe
1206	1208		drinking water and complying with regulatory standards;
1207	1209		(C) the importance of the asset to the effective
1208	1210		operation of the system; and
1209	1211		(D) other criteria as determined by the
1210	1212		authority;
1211	1213		(3) estimating asset repair and replacement costs;
1212	1214		(4) identifying and evaluating potential financing
1213	1215		options; and
1214	1216		(5) prioritizing systems that are not in compliance
1215	1217		with federal or state regulatory standards, including water quality
1216	1218		standards.
1217	1219		(c) The authority shall review and revise the plan as
1218	1220		necessary to account for regulatory changes and other developments.
1219	1221		(d) The board shall approve the plan annually as part of its
1220	1222		budgeting process. (Acts 56th Leg., R.S., Ch. 279, Sec. 14e.)
1221	1223		Sec. 8510.0406. RATES AND CHARGES. (a) The authority shall
1222	1224		impose rates and other charges for the sale or use of water or for
1223	1225		services sold, provided, or supplied by the authority.
1224	1226		(b) The rates and other charges must be reasonable and
1225	1227		nondiscriminatory but sufficient to provide revenue adequate to:
1226	1228		(1) pay the authority's expenses in carrying out the
1227	1229		functions for which it is created; and
1228	1230		(2) fulfill the terms of any agreements made with the
1229	1231		holders of any of the authority's obligations. (Acts 56th Leg.,
1230	1232		R.S., Ch. 279, Sec. 20 (part).)
1231	1233		Sec. 8510.0407. CHANGES TO RATES AND CHARGES. (a) In this
1232	1234		section, "affected person" has the meaning assigned by Section
1233	1235		13.002, Water Code.
1234	1236		(b) The board shall establish a process to ensure that,
1235	1237		before the authority makes a significant change to a rate or charge
1236	1238		for the sale and use of water, affected persons are provided:
1237	1239		(1) notice of the proposed change; and
1238	1240		(2) an opportunity to provide to the board comments
1239	1241		regarding the proposed change.
1240	1242		(c) The process established under Subsection (b) must
1241	1243		include:
1242	1244		(1) the provision of notice of a proposed change:
1243	1245		(A) on the authority's website; and
1244	1246		(B) in an affected person's utility bills; and
1245	1247		(2) appropriate informational meetings or rate
1246	1248		hearings that provide affected persons the opportunity to provide
1247	1249		public comments about the proposed change to be held:
1248	1250		(A) before sending a statement of intent required
1249	1251		under Chapter 13, Water Code;
1250	1252		(B) in locations as necessary to enable affected
1251	1253		persons to attend; and
1252	1254		(C) after the provision of notice under
1253	1255		Subdivision (1).
1254	1256		(d) The board by rule shall establish a percentage change in
1255	1257		a rate or charge such that a change greater than or equal to that
1256	1258		percentage is considered significant for purposes of Subsection
1257	1259		(b). (Acts 56th Leg., R.S., Ch. 279, Sec. 20a (part).)
1258	1260		Sec. 8510.0408. NOTICE OF RIGHT TO APPEAL CHANGES TO RATES.
1259	1261		(a) In this section, "affected person" has the meaning assigned by
1260	1262		Section 13.002, Water Code.
1261	1263		(b) The authority shall notify affected persons of their
1262	1264		right to appeal changes to rates:
1263	1265		(1) in notices related to changes to rates;
1264	1266		(2) in utility bills sent before the deadline for
1265	1267		initiating an appeal under Chapter 13, Water Code; and
1266	1268		(3) on the authority's website.
1267	1269		(c) The notice required by Subsection (b) must include
1268	1270		descriptions of:
1269	1271		(1) the appeals process;
1270	1272		(2) the requirements for an appeal, including the
1271	1273		number of signatures needed on a petition; and
1272	1274		(3) the methods available for obtaining additional
1273	1275		information related to rates. (Acts 56th Leg., R.S., Ch. 279, Secs.
1274	1276		20a (part), 20b.)
1275	1277		Sec. 8510.0409. DEPOSITORY. (a) The board shall designate
1276	1278		one or more banks in the authority to serve as depository for the
1277	1279		authority's money.
1278	1280		(b) Authority money shall be deposited in a depository,
1279	1281		except that:
1280	1282		(1) money pledged to pay bonds may be deposited with
1281	1283		the trustee bank named in the trust agreement; and
1282	1284		(2) money shall be remitted to the bank of payment for
1283	1285		the payment of the principal of and interest on bonds. (Acts 56th
1284	1286		Leg., R.S., Ch. 279, Sec. 23 (part).)
1285	1287		Sec. 8510.0410. TAX NOT AUTHORIZED BY CHAPTER. This
1286	1288		chapter does not authorize the authority to impose any form of tax
1287	1289		inside the authority. (Acts 56th Leg., R.S., Ch. 279, Sec. 24.)
1288	1290		SUBCHAPTER E. BORROWED MONEY OR GRANTS
1289	1291		Sec. 8510.0501. POWER TO ISSUE OBLIGATIONS OR WARRANTS.
1290	1292		The authority may issue obligations or warrants to obtain money.
1291	1293		(Acts 56th Leg., R.S., Ch. 279, Sec. 21 (part).)
1292	1294		Sec. 8510.0502. LOANS AND GRANTS. The authority may:
1293	1295		(1) borrow money for its corporate purposes; and
1294	1296		(2) borrow money or accept a grant from the United
1295	1297		States, this state, or any other source, and in connection with the
1296	1298		loan or grant, enter into any agreement or assume any obligation as
1297	1299		may be required. (Acts 56th Leg., R.S., Ch. 279, Sec. 22 (part).)
1298	1300		Sec. 8510.0503. POWER TO SEEK AND ACCEPT CONTRIBUTIONS.
1299	1301		(a) The authority may seek and accept from any source a contribution
1300	1302		to an authority fund for the purpose of funding:
1301	1303		(1) necessary studies;
1302	1304		(2) engineering and other services; and
1303	1305		(3) the collection and computation of data respecting
1304	1306		regional and general conditions that influence the character and
1305	1307		extent of the improvements necessary to effect the authority's
1306	1308		purposes to the greatest public advantage.
1307	1309		(b) A grant or gratuity shall be strictly accounted for and
1308	1310		is subject to the same rules and orders applicable to other money
1309	1311		the authority handles or disburses. (Acts 56th Leg., R.S., Ch. 279,
1310	1312		Sec. 17.)
1311	1313		Sec. 8510.0504. POWER TO ISSUE BONDS. (a) The authority
1312	1314		may issue bonds as authorized by this chapter for the purpose of
1313	1315		providing money for any purpose authorized by this chapter.
1314	1316		(b) The authority, without an election, may issue bonds
1315	1317		payable from the authority's revenue pledged by board resolution.
1316	1318		(c) The bonds must be authorized by a board resolution.
1317	1319		(Acts 56th Leg., R.S., Ch. 279, Secs. 26(a), (b) (part).)
1318	1320		Sec. 8510.0505. FORM OF BONDS. Authority bonds must be:
1319	1321		(1) issued in the authority's name;
1320	1322		(2) signed by the president or vice president; and
1321	1323		(3) attested by the secretary. (Acts 56th Leg., R.S.,
1322	1324		Ch. 279, Sec. 26(b) (part).)
1323	1325		Sec. 8510.0506. MATURITY. Authority bonds must mature not
1324	1326		later than 50 years after the date of their issuance. (Acts 56th
1325	1327		Leg., R.S., Ch. 279, Sec. 26(b) (part).)
1326	1328		Sec. 8510.0507. BONDS PAYABLE FROM REVENUE. (a) In this
1327	1329		section, "net revenue" means the authority's gross revenue less the
1328	1330		amount necessary to pay the cost of maintaining and operating the
1329	1331		authority and the authority's property.
1330	1332		(b) Authority bonds may be secured by a pledge of:
1331	1333		(1) all or part of the authority's net revenue;
1332	1334		(2) the net revenue of a contract entered into at any
1333	1335		time; or
1334	1336		(3) other revenue specified by board resolution.
1335	1337		(c) The pledge may reserve the right to issue additional
1336	1338		bonds on a parity with or subordinate to the bonds being issued,
1337	1339		subject to conditions specified by the pledge. (Acts 56th Leg.,
1338	1340		R.S., Ch. 279, Sec. 26(d).)
1339	1341		Sec. 8510.0508. COMPENSATION RATES. (a) The board shall
1340	1342		set and revise the rates of compensation for:
1341	1343		(1) water the authority sells; and
1342	1344		(2) services the authority renders.
1343	1345		(b) The rates of compensation must be sufficient to:
1344	1346		(1) pay the expense of operating and maintaining the
1345	1347		authority's facilities;
1346	1348		(2) pay the bonds as they mature and the interest as it
1347	1349		accrues; and
1348	1350		(3) maintain the reserve and other funds as provided
1349	1351		in the resolution authorizing the bonds. (Acts 56th Leg., R.S., Ch.
1350	1352		279, Sec. 26(e).)
1351	1353		Sec. 8510.0509. ADDITIONAL SECURITY. (a) Authority bonds,
1352	1354		including refunding bonds, may be additionally secured by a deed of
1353	1355		trust lien on the authority's physical property and all franchises,
1354	1356		easements, water rights and appropriation permits, leases, and
1355	1357		contracts, and all rights related to the property, vesting in the
1356	1358		trustee power to:
1357	1359		(1) sell the property for payment of the debt;
1358	1360		(2) operate the property; and
1359	1361		(3) take other action to further secure the bonds.
1360	1362		(b) The deed of trust may:
1361	1363		(1) contain any provision the board prescribes to
1362	1364		secure the bonds and preserve the trust estate;
1363	1365		(2) provide for amendment or modification of the deed
1364	1366		of trust; and
1365	1367		(3) provide for the issuance of bonds to replace lost
1366	1368		or mutilated bonds.
1367	1369		(c) A purchaser under a sale under the deed of trust is the
1368	1370		owner of the dam and other property and facilities purchased and is
1369	1371		entitled to maintain and operate the property and facilities, if
1370	1372		the authority forfeits or defaults. (Acts 56th Leg., R.S., Ch. 279,
1371	1373		Sec. 28.)
1372	1374		Sec. 8510.0510. USE OF BOND PROCEEDS. (a) The authority
1373	1375		may set aside an amount of proceeds from the sale of authority bonds
1374	1376		for the payment of interest expected to accrue during construction
1375	1377		and a reserve interest and sinking fund. The resolution
1376	1378		authorizing the bonds may provide for setting aside and using the
1377	1379		proceeds as provided by this subsection.
1378	1380		(b) The authority may use proceeds from the sale of the
1379	1381		bonds to pay any expense necessarily incurred in accomplishing the
1380	1382		authority's purposes. (Acts 56th Leg., R.S., Ch. 279, Sec. 26(f).)
1381	1383		Sec. 8510.0511. APPOINTMENT OF RECEIVER. (a) On default or
1382	1384		threatened default in the payment of the principal of or interest on
1383	1385		authority bonds, a court may appoint a receiver for the authority on
1384	1386		petition of the holders of 25 percent of the outstanding bonds of
1385	1387		the issue in default or threatened with default.
1386	1388		(b) The receiver may collect and receive all authority
1387	1389		income, employ and discharge authority agents and employees, take
1388	1390		charge of money on hand, and manage the authority's proprietary
1389	1391		affairs without the board's consent or hindrance.
1390	1392		(c) The receiver may be authorized to sell or contract for
1391	1393		the sale of water or to renew those contracts with the approval of
1392	1394		the court that appointed the receiver.
1393	1395		(d) The court may vest the receiver with any other power or
1394	1396		duty the court finds necessary to protect the bondholders. (Acts
1395	1397		56th Leg., R.S., Ch. 279, Sec. 26(g).)
1396	1398		Sec. 8510.0512. REFUNDING BONDS. (a) The authority may
1397	1399		issue refunding bonds to refund outstanding authority bonds and
1398	1400		interest on those bonds.
1399	1401		(b) Refunding bonds may:
1400	1402		(1) be issued to refund bonds of more than one series;
1401	1403		(2) combine the pledges for the outstanding bonds for
1402	1404		the security of the refunding bonds; or
1403	1405		(3) be secured by a pledge of other or additional
1404	1406		revenue.
1405	1407		(c) The provisions of this subchapter regarding the
1406	1408		issuance of other bonds and the remedies of the holders apply to
1407	1409		refunding bonds.
1408	1410		(d) The comptroller shall register the refunding bonds on
1409	1411		surrender and cancellation of the bonds to be refunded.
1410	1412		(e) Instead of issuing bonds to be registered on the
1411	1413		surrender and cancellation of the bonds to be refunded, the
1412	1414		authority, in the resolution authorizing the issuance of the
1413	1415		refunding bonds, may provide for the sale of the refunding bonds and
1414	1416		the deposit of the proceeds in a bank at which the bonds to be
1415	1417		refunded are payable. In that case, the refunding bonds may be
1416	1418		issued in an amount sufficient to pay the interest on the bonds to
1417	1419		be refunded to their option date or maturity date, and the
1418	1420		comptroller shall register the refunding bonds without the
1419	1421		concurrent surrender and cancellation of the bonds to be refunded.
1420	1422		(Acts 56th Leg., R.S., Ch. 279, Sec. 27.)
1421	1423		CHAPTER 8511. NUECES RIVER AUTHORITY
1422	1424		SUBCHAPTER A. GENERAL PROVISIONS
1423	1425		Sec. 8511.0101. DEFINITIONS
1424	1426		Sec. 8511.0102. NATURE OF AUTHORITY
1425	1427		Sec. 8511.0103. PURPOSE OF CHAPTER
1426	1428		Sec. 8511.0104. REVIEW SCHEDULE UNDER SUNSET ACT
1427	1429		Sec. 8511.0105. TERRITORY
1428	1430		Sec. 8511.0106. LIBERAL CONSTRUCTION OF CHAPTER
1429	1431		SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
1430	1432		Sec. 8511.0201. MEMBERSHIP OF BOARD
1431	1433		Sec. 8511.0202. TERMS
1432	1434		Sec. 8511.0203. REMOVAL
1433	1435		Sec. 8511.0204. VACANCY
1434	1436		Sec. 8511.0205. BYLAWS
1435	1437		Sec. 8511.0206. BOND REQUIREMENT FOR DIRECTORS
1436	1438		Sec. 8511.0207. COMPENSATION OF DIRECTORS
1437	1439		Sec. 8511.0208. OFFICERS
1438	1440		Sec. 8511.0209. COMMITTEES
1439	1441		Sec. 8511.0210. EXECUTIVE DIRECTOR
1440	1442		Sec. 8511.0211. DIRECTOR TRAINING PROGRAM
1441	1443		Sec. 8511.0212. INTEREST IN CONTRACT
1442	1444		Sec. 8511.0213. SEPARATION OF POLICYMAKING AND
1443	1445		MANAGEMENT FUNCTIONS
1444	1446		Sec. 8511.0214. PUBLIC TESTIMONY
1445	1447		Sec. 8511.0215. DIRECTORS' AND EMPLOYEES' FIDELITY
1446	1448		BONDS
1447	1449		Sec. 8511.0216. AUTHORITY'S OFFICE
1448	1450		Sec. 8511.0217. COMPLAINTS
1449	1451		Sec. 8511.0218. ALTERNATIVE DISPUTE RESOLUTION
1450	1452		PROCEDURES
1451	1453		Sec. 8511.0219. FIVE-YEAR STRATEGIC PLAN
1452	1454		SUBCHAPTER C. POWERS AND DUTIES
1453	1455		Sec. 8511.0301. GENERAL POWERS AND DUTIES
1454	1456		Sec. 8511.0302. CONTROL AND USE OF WATERS
1455	1457		Sec. 8511.0303. USE OF BED AND BANKS OF NUECES RIVER
1456	1458		AND ITS TRIBUTARIES
1457	1459		Sec. 8511.0304. MASTER PLAN
1458	1460		Sec. 8511.0305. WATER CONSERVATION PROGRAM
1459	1461		Sec. 8511.0306. FORESTATION AND REFORESTATION
1460	1462		Sec. 8511.0307. GROUNDWATER
1461	1463		Sec. 8511.0308. WATER QUALITY CONTROL
1462	1464		Sec. 8511.0309. SOLID WASTE SERVICES
1463	1465		Sec. 8511.0310. APPLICABILITY OF CERTAIN ENVIRONMENTAL
1464	1466		LAWS
1465	1467		Sec. 8511.0311. PARKS AND RECREATIONAL FACILITIES
1466	1468		Sec. 8511.0312. PERMITS AND LICENSES
1467	1469		Sec. 8511.0313. SERVICE CONTRACTS AND CHARGES
1468	1470		Sec. 8511.0314. USE OF REVENUE AND PROPERTY
1469	1471		Sec. 8511.0315. ACQUISITION, MAINTENANCE, AND
1470	1472		OPERATION OF PROPERTY
1471	1473		Sec. 8511.0316. ACQUISITION, CONSTRUCTION,
1472	1474		MAINTENANCE, AND OPERATION OF
1473	1475		FACILITIES
1474	1476		Sec. 8511.0317. EMINENT DOMAIN
1475	1477		Sec. 8511.0318. COST OF RELOCATING OR ALTERING
1476	1478		PROPERTY
1477	1479		Sec. 8511.0319. DISPOSITION OF PROPERTY
1478	1480		Sec. 8511.0320. GENERAL CONTRACT POWERS
1479	1481		Sec. 8511.0321. AWARD OF CERTAIN CONTRACTS
1480	1482		Sec. 8511.0322. CONSTRUCTION CONTRACTS: PAYMENT
1481	1483		Sec. 8511.0323. CONFLICT OF INTEREST IN CERTAIN
1482	1484		CONTRACTS
1483	1485		Sec. 8511.0324. SURVEYS AND ENGINEERING INVESTIGATIONS
1484	1486		Sec. 8511.0325. PLANS
1485	1487		Sec. 8511.0326. ACCESS TO AUTHORITY PROPERTY
1486	1488		Sec. 8511.0327. LIMITATIONS ON POWERS AND DUTIES;
1487	1489		COMMISSION APPROVAL OF CERTAIN PLANS
1488	1490		SUBCHAPTER D. REGULATORY POWERS; ENFORCEMENT AND COURT REVIEW
1489	1491		PROVISIONS
1490	1492		Sec. 8511.0401. ADOPTION AND ENFORCEMENT OF RULES
1491	1493		Sec. 8511.0402. CIVIL PENALTY; INJUNCTIVE RELIEF
1492	1494		Sec. 8511.0403. COURT REVIEW
1493	1495		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
1494	1496		Sec. 8511.0501. DISBURSEMENT OF MONEY
1495	1497		Sec. 8511.0502. ACCOUNTS, CONTRACTS, AND OTHER
1496	1498		RECORDS; PUBLIC INSPECTION
1497	1499		Sec. 8511.0503. FEES AND CHARGES
1498	1500		Sec. 8511.0504. TRUST MONEY
1499	1501		Sec. 8511.0505. DEPOSITORY
1500	1502		Sec. 8511.0506. INVESTMENT OF AUTHORITY MONEY;
1501	1503		APPLICATION OF INCOME FROM
1502	1504		INVESTMENTS
1503	1505		Sec. 8511.0507. FISCAL YEAR
1504	1506		Sec. 8511.0508. AUDIT
1505	1507		SUBCHAPTER F. TAX PROVISIONS
1506	1508		Sec. 8511.0601. MAINTENANCE AND ADMINISTRATION TAX
1507	1509		Sec. 8511.0602. ELECTION FOR AD VALOREM TAX OR BONDS
1508	1510		PAYABLE FROM AD VALOREM TAXES
1509	1511		Sec. 8511.0603. ASSESSMENT AND COLLECTION OF TAXES
1510	1512		Sec. 8511.0604. MAXIMUM TAX RATE
1511	1513		Sec. 8511.0605. POWERS RELATING TO IMPROVEMENTS
1512	1514		PECULIAR TO DEFINED AREA
1513	1515		SUBCHAPTER G. BONDS, BORROWED MONEY, AND GRANTS
1514	1516		Sec. 8511.0701. BORROWING MONEY; GRANTS
1515	1517		Sec. 8511.0702. POWER TO APPLY FOR MONEY FOR
1516	1518		ENGINEERING SURVEYS, INFORMATION
1517	1519		COMPILATION AND COLLECTION, AND
1518	1520		OTHER PURPOSES
1519	1521		Sec. 8511.0703. POWER TO ISSUE BONDS
1520	1522		Sec. 8511.0704. FORM OF BONDS
1521	1523		Sec. 8511.0705. MATURITY
1522	1524		Sec. 8511.0706. ELECTION FOR BONDS PAYABLE FROM AD
1523	1525		VALOREM TAXES
1524	1526		Sec. 8511.0707. TRUST INDENTURE
1525	1527		Sec. 8511.0708. ADDITIONAL BONDS
1526	1528		Sec. 8511.0709. ADDITIONAL PROVISIONS IN RESOLUTION
1527	1529		AUTHORIZING BONDS OR TRUST INDENTURE
1528	1530		Sec. 8511.0710. REFUNDING BONDS
1529	1531		CHAPTER 8511. NUECES RIVER AUTHORITY
1530	1532		SUBCHAPTER A. GENERAL PROVISIONS
1531	1533		Sec. 8511.0101. DEFINITIONS. Unless the context otherwise
1532	1534		requires, in this chapter:
1533	1535		(1) "Authority" means the Nueces River Authority.
1534	1536		(2) "Board" means the authority's board of directors.
1535	1537		(3) "Commission" means the Texas Commission on
1536	1538		Environmental Quality.
1537	1539		(4) "Development board" means the Texas Water
1538	1540		Development Board.
1539	1541		(5) "Director" means a board member.
1540	1542		(6) "State" means the State of Texas or any of its
1541	1543		agencies, departments, boards, political subdivisions, or other
1542	1544		entities.
1543	1545		(7) "Waste" means sewage, industrial waste, municipal
1544	1546		waste, recreational waste, agricultural waste, waste heat, solid
1545	1547		waste, or any other waste. (Acts 44th Leg., 1st C.S., Ch. 427,
1546	1548		Secs. 1.02(1), (2), (4), (6), (7), (8); New.)
1547	1549		Sec. 8511.0102. NATURE OF AUTHORITY. (a) The authority is:
1548	1550		(1) a conservation and reclamation district under
1549	1551		Section 59, Article XVI, Texas Constitution; and
1550	1552		(2) a municipality.
1551	1553		(b) The authority's creation is essential to accomplish the
1552	1554		purposes of Section 59, Article XVI, Texas Constitution. (Acts
1553	1555		44th Leg., 1st C.S., Ch. 427, Sec. 2.01 (part).)
1554	1556		Sec. 8511.0103. PURPOSE OF CHAPTER. The purpose of this
1555	1557		chapter is to provide by the means and in the manner authorized in
1556	1558		this chapter for the conservation and development of this state's
1557	1559		natural resources inside the Nueces River Basin, including:
1558	1560		(1) the control, storage, preservation, and
1559	1561		distribution of this state's water for domestic and municipal uses,
1560	1562		industrial uses, irrigation, mining and recovery of minerals, stock
1561	1563		raising, underground water recharge, electric power generation,
1562	1564		navigation, recreation and pleasure, and other beneficial uses and
1563	1565		purposes;
1564	1566		(2) the reclamation and irrigation of arid, semiarid,
1565	1567		and other land needing irrigation;
1566	1568		(3) the reclamation and drainage of overflowed land
1567	1569		and other land needing drainage;
1568	1570		(4) the maintenance and enhancement of the quality of
1569	1571		the water in the Nueces River Basin;
1570	1572		(5) the conservation and development of the forests,
1571	1573		water, and hydroelectric power;
1572	1574		(6) the navigation of inland and coastal water; and
1573	1575		(7) the provision of systems, facilities, and
1574	1576		procedures for the collection, transportation, handling,
1575	1577		treatment, and disposal of waste. (Acts 44th Leg., 1st C.S., Ch.
1576	1578		427, Sec. 1.01.)
1577	1579		Sec. 8511.0104. REVIEW SCHEDULE UNDER SUNSET ACT. A review
1578	1580		of the authority under Section 325.025, Government Code, shall be
1579	1581		conducted as if the authority were a state agency scheduled to be
1580	1582		abolished September 1, 2031, and every 12th year after that year.
1581	1583		(Acts 44th Leg., 1st C.S., Ch. 427, Sec. 1.02A(a) (part).)
1582	1584		Sec. 8511.0105. TERRITORY. (a) The authority is composed
1583	1585		of the territory described by Section 2.02(a), Chapter 427, Acts of
1584	1586		the 44th Legislature, 1st Called Session, 1935, as that territory
1585	1587		may have been modified under:
1586	1588		(1) Subsection (c) or its predecessor statute, Section
1587	1589		2.02(c), Chapter 427, Acts of the 44th Legislature, 1st Called
1588	1590		Session, 1935;
1589	1591		(2) Subchapter J, Chapter 49, Water Code; or
1590	1592		(3) other law.
1591	1593		(b) The board shall record in the authority's minutes the
1592	1594		written description of the boundaries in Section 2.02(a), Chapter
1593	1595		427, Acts of the 44th Legislature, 1st Called Session, 1935.
1594	1596		(c) If the directors find any land included in the field
1595	1597		notes, other than land in San Patricio, Nueces, and Jim Wells
1596	1598		Counties, that is not actually included in the watershed of the
1597	1599		Nueces River, the board shall exclude the land from the authority
1598	1600		and file a certificate of exclusion with the county clerk of the
1599	1601		county in which the land is located. The certificate of exclusion
1600	1602		must describe the boundaries of the land excluded so that the land
1601	1603		remaining in the authority may be adequately identified.
1602	1604		(d) The boundaries and field notes of the authority form a
1603	1605		closure. A mistake in the field notes or in copying the field notes
1604	1606		in the legislative process does not affect:
1605	1607		(1) the authority's organization, existence, or
1606	1608		validity;
1607	1609		(2) the authority's right to issue any type of bond for
1608	1610		a purpose for which the authority is created or to pay the principal
1609	1611		of or interest on the bond;
1610	1612		(3) the right to impose a tax; or
1611	1613		(4) the legality or operation of the authority or its
1612	1614		governing body. (Acts 44th Leg., 1st C.S., Ch. 427, Secs. 2.02(b),
1613	1615		(c); Acts 64th Leg., R.S., Ch. 699, Sec. 5; Acts 69th Leg., R.S.,
1614	1616		Ch. 665, Sec. 3; New.)
1615	1617		Sec. 8511.0106. LIBERAL CONSTRUCTION OF CHAPTER. This
1616	1618		chapter shall be liberally construed to achieve its purposes.
1617	1619		(Acts 44th Leg., 1st C.S., Ch. 427, Sec. 1.03 (part).)
1618	1620		SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
1619	1621		Sec. 8511.0201. MEMBERSHIP OF BOARD. (a) The board
1620	1622		consists of 21 directors appointed by the governor with the advice
1621	1623		and consent of the senate.
1622	1624		(b) Each director must be a qualified voter and a resident
1623	1625		of a county that is wholly or partly inside the authority as
1624	1626		described by Section 2.02(a), Chapter 427, Acts of the 44th
1625	1627		Legislature, 1st Called Session, 1935.
1626	1628		(c) Four directors must be residents of Nueces County. Two
1627	1629		directors must be residents of San Patricio County. Two directors
1628	1630		must be residents of Jim Wells County.
1629	1631		(d) Not more than four persons who reside in Nueces County
1630	1632		and not more than two persons who reside in any other county that is
1631	1633		wholly or partly inside the authority may be appointed to or serve
1632	1634		on the board at the same time. (Acts 44th Leg., 1st C.S., Ch. 427,
1633	1635		Secs. 2.03(a), (b).)
1634	1636		Sec. 8511.0202. TERMS. Directors serve staggered terms of
1635	1637		six years, with one-third of the directors taking office February 1
1636	1638		of each odd-numbered year. (Acts 44th Leg., 1st C.S., Ch. 427, Sec.
1637	1639		2.03(c).)
1638	1640		Sec. 8511.0203. REMOVAL. (a) The governor may remove a
1639	1641		director from office for:
1640	1642		(1) inefficiency;
1641	1643		(2) neglect of duty;
1642	1644		(3) misconduct in office; or
1643	1645		(4) absence from three consecutive regular board
1644	1646		meetings.
1645	1647		(b) Before a director is removed from office, the board
1646	1648		shall conduct a hearing on the charges against the director, and the
1647	1649		director is entitled to appear at the hearing and present evidence
1648	1650		to show why the director should not be removed from office.
1649	1651		(c) At least 30 days before the date of the hearing, the
1650	1652		director shall be given notice of:
1651	1653		(1) the charges against the director; and
1652	1654		(2) the time and place for the hearing.
1653	1655		(d) An affirmative vote of not fewer than 11 of the
1654	1656		directors is required to approve a removal recommendation.
1655	1657		(e) A removal recommendation shall be forwarded to the
1656	1658		governor for the governor's consideration and action in accordance
1657	1659		with this section. (Acts 44th Leg., 1st C.S., Ch. 427, Sec.
1658	1660		2.03(f).)
1659	1661		Sec. 8511.0204. VACANCY. A board vacancy shall be filled in
1660	1662		the manner provided by Section 8511.0201 for making the original
1661	1663		appointment. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 2.03(e).)
1662	1664		Sec. 8511.0205. BYLAWS. The board shall adopt necessary
1663	1665		bylaws for the conduct of the authority's business. (Acts 44th
1664	1666		Leg., 1st C.S., Ch. 427, Sec. 2.03(h).)
1665	1667		Sec. 8511.0206. BOND REQUIREMENT FOR DIRECTORS. (a) As a
1666	1668		qualification for office, a director must execute a bond in an
1667	1669		amount determined by the board conditioned on the faithful
1668	1670		performance of the director's duties.
1669	1671		(b) The authority shall pay the premiums on the bond. (Acts
1670	1672		44th Leg., 1st C.S., Ch. 427, Secs. 2.03(d), 2.08(b) (part).)
1671	1673		Sec. 8511.0207. COMPENSATION OF DIRECTORS. (a) A director
1672	1674		is entitled to receive an allowance in an amount not to exceed that
1673	1675		provided under Section 49.060, Water Code.
1674	1676		(b) A director is not entitled to receive a per diem
1675	1677		allowance for more than 50 days in a calendar year.
1676	1678		(c) In all areas of conflict with this section, Section
1677	1679		49.060, Water Code, takes precedence. (Acts 44th Leg., 1st C.S.,
1678	1680		Ch. 427, Sec. 2.05.)
1679	1681		Sec. 8511.0208. OFFICERS. (a) The governor shall
1680	1682		designate a director as board president to serve in that capacity at
1681	1683		the governor's pleasure.
1682	1684		(b) The board shall elect one or more vice presidents, a
1683	1685		secretary, a treasurer, and any other officers as the directors may
1684	1686		determine in the bylaws or otherwise.
1685	1687		(c) Each vice president, the secretary, and the treasurer
1686	1688		must be a director, but other officers are not required to be
1687	1689		directors.
1688	1690		(d) The offices of secretary and treasurer may be combined,
1689	1691		and the offices of assistant secretary and assistant treasurer may
1690	1692		be combined. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 2.03(i).)
1691	1693		Sec. 8511.0209. COMMITTEES. (a) The board may appoint or
1692	1694		establish an executive committee and appoint or provide for the
1693	1695		appointment of other committees as necessary or desirable to assist
1694	1696		in conducting the authority's business.
1695	1697		(b) Subject to the applicable rules of law on delegation of
1696	1698		powers, the board may assign or delegate or provide for the
1697	1699		assignment or delegation of any powers, duties, and functions to
1698	1700		its committees as the board may prescribe.
1699	1701		(c) A committee member who is not a director may not vote on
1700	1702		a matter coming before the committee unless specifically authorized
1701	1703		by the board to do so. (Acts 44th Leg., 1st C.S., Ch. 427, Sec.
1702	1704		2.06.)
1703	1705		Sec. 8511.0210. EXECUTIVE DIRECTOR. (a) The board may
1704	1706		employ an executive director and set the executive director's
1705	1707		salary and other compensation by a majority vote of all the
1706	1708		qualified directors.
1707	1709		(b) The executive director is the authority's chief
1708	1710		executive officer.
1709	1711		(c) Under policies the board and the executive committee
1710	1712		establish, the executive director is responsible to the board and
1711	1713		the executive committee for:
1712	1714		(1) administering the directives of the board and the
1713	1715		executive committee;
1714	1716		(2) keeping the authority's records, including minutes
1715	1717		of meetings of the board and the executive committee;
1716	1718		(3) coordinating with state, federal, and local
1717	1719		agencies;
1718	1720		(4) developing plans and programs for the approval of
1719	1721		the board or the executive committee;
1720	1722		(5) hiring, supervising, training, and discharging
1721	1723		the authority's employees, as authorized by the board or the
1722	1724		executive committee;
1723	1725		(6) contracting for or retaining technical,
1724	1726		scientific, legal, fiscal, and other professional services, as
1725	1727		authorized by the board or the executive committee; and
1726	1728		(7) performing any other duties assigned to the
1727	1729		executive director by the board or the executive committee.
1728	1730		(d) The board may discharge the executive director by a
1729	1731		majority vote of all the qualified directors. (Acts 44th Leg., 1st
1730	1732		C.S., Ch. 427, Sec. 2.07.)
1731	1733		Sec. 8511.0211. DIRECTOR TRAINING PROGRAM. (a) A person
1732	1734		who is appointed to and qualifies for office as a director may not
1733	1735		vote, deliberate, or be counted as a director in attendance at a
1734	1736		board meeting until the person completes a training program that
1735	1737		complies with this section.
1736	1738		(b) The training program must provide the person with
1737	1739		information regarding:
1738	1740		(1) the law governing authority operations;
1739	1741		(2) the authority's programs, functions, rules, and
1740	1742		budget;
1741	1743		(3) the results of the authority's most recent formal
1742	1744		audit;
1743	1745		(4) the requirements of:
1744	1746		(A) laws relating to open meetings, public
1745	1747		information, administrative procedure, and disclosure of conflicts
1746	1748		of interest; and
1747	1749		(B) other laws applicable to members of the
1748	1750		governing body of a river authority in performing their duties; and
1749	1751		(5) any applicable ethics policies adopted by the
1750	1752		authority or the Texas Ethics Commission.
1751	1753		(c) A person appointed to the board is entitled to
1752	1754		reimbursement for the travel expenses incurred in attending the
1753	1755		training program regardless of whether the attendance at the
1754	1756		program occurs before or after the person qualifies for office.
1755	1757		(d) The executive director shall create a training manual
1756	1758		that includes the information required by Subsection (b). The
1757	1759		executive director shall distribute a copy of the training manual
1758	1760		annually to each director. Each director shall sign and submit to
1759	1761		the executive director a statement acknowledging that the director
1760	1762		has received and reviewed the training manual. (Acts 44th Leg., 1st
1761	1763		C.S., Ch. 427, Sec. 2.03A.)
1762	1764		Sec. 8511.0212. INTEREST IN CONTRACT. (a) A director who
1763	1765		is financially interested in a contract to be executed by the
1764	1766		authority for the purchase, sale, lease, rental, or supply of
1765	1767		property, including supplies, materials, and equipment, or the
1766	1768		construction of facilities shall disclose that fact to the other
1767	1769		directors and may not vote on or participate in discussions during
1768	1770		board meetings on the acceptance of the contract.
1769	1771		(b) An interest described by Subsection (a) does not affect
1770	1772		the validity of a contract if the disclosure is made and the
1771	1773		interested director does not vote on the question of entering into
1772	1774		the contract. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 2.04.)
1773	1775		Sec. 8511.0213. SEPARATION OF POLICYMAKING AND MANAGEMENT
1774	1776		FUNCTIONS. The board shall develop and implement policies that
1775	1777		clearly separate the board's policymaking responsibilities and the
1776	1778		executive director's and staff's management responsibilities.
1777	1779		(Acts 44th Leg., 1st C.S., Ch. 427, Sec. 2.08A.)
1778	1780		Sec. 8511.0214. PUBLIC TESTIMONY. (a) The board shall
1779	1781		develop and implement policies that provide the public with a
1780	1782		reasonable opportunity to appear before the board and to speak on
1781	1783		any issue under the authority's jurisdiction.
1782	1784		(b) At each regular board meeting, the board shall include
1783	1785		public testimony as a meeting agenda item and allow members of the
1784	1786		public to comment on other agenda items and other matters under the
1785	1787		authority's jurisdiction. The board may not deliberate on or decide
1786	1788		a matter not included in the meeting agenda, except that the board
1787	1789		may discuss including the matter on the agenda for a subsequent
1788	1790		meeting. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 2.06A.)
1789	1791		Sec. 8511.0215. DIRECTORS' AND EMPLOYEES' FIDELITY BONDS.
1790	1792		(a) The executive director, the treasurer, and each of the
1791	1793		authority's officers, agents, or employees who is charged with the
1792	1794		collection, custody, or payment of authority money shall execute a
1793	1795		fidelity bond.
1794	1796		(b) The board must approve the bond's form, amount, and
1795	1797		surety.
1796	1798		(c) The authority shall pay the premiums on the bond. (Acts
1797	1799		44th Leg., 1st C.S., Ch. 427, Secs. 2.08(a), (b) (part).)
1798	1800		Sec. 8511.0216. AUTHORITY'S OFFICE. The authority shall
1799	1801		maintain its principal office inside its boundaries. (Acts 44th
1800	1802		Leg., 1st C.S., Ch. 427, Sec. 2.09.)
1801	1803		Sec. 8511.0217. COMPLAINTS. (a) The authority shall
1802	1804		maintain a system to act promptly and efficiently on complaints
1803	1805		filed with the authority.
1804	1806		(b) The authority shall maintain information about:
1805	1807		(1) the parties to the complaint;
1806	1808		(2) the subject matter of the complaint;
1807	1809		(3) a summary of the results of the review or
1808	1810		investigation of the complaint; and
1809	1811		(4) the complaint's disposition.
1810	1812		(c) The authority shall periodically notify the parties to
1811	1813		the complaint of the complaint's status until final disposition.
1812	1814		(d) The authority shall make information available
1813	1815		describing its procedures for complaint investigation and
1814	1816		resolution. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.27.)
1815	1817		Sec. 8511.0218. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
1816	1818		(a) The board shall develop a policy to encourage the use of
1817	1819		appropriate alternative dispute resolution procedures under
1818	1820		Chapter 2009, Government Code, to assist in the resolution of
1819	1821		internal and external disputes under the authority's jurisdiction.
1820	1822		(b) The authority's procedures relating to alternative
1821	1823		dispute resolution must conform, to the extent possible, to any
1822	1824		model guidelines issued by the State Office of Administrative
1823	1825		Hearings for the use of alternative dispute resolution by state
1824	1826		agencies.
1825	1827		(c) The authority shall:
1826	1828		(1) coordinate the implementation of the policy
1827	1829		adopted under Subsection (a);
1828	1830		(2) provide training as needed to implement the
1829	1831		procedures for alternative dispute resolution; and
1830	1832		(3) collect data concerning the effectiveness of those
1831	1833		procedures. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.18A.)
1832	1834		Sec. 8511.0219. FIVE-YEAR STRATEGIC PLAN. (a) The
1833	1835		authority shall adopt and promptly publish on the authority's
1834	1836		Internet website a written strategic plan that:
1835	1837		(1) sets the authority's goals for the following five
1836	1838		years;
1837	1839		(2) establishes the authority's mission; and
1838	1840		(3) describes the anticipated activities that the
1839	1841		authority will perform in the Nueces River Basin over the following
1840	1842		five years.
1841	1843		(b) The authority shall update the strategic plan regularly
1842	1844		and publish the updated versions of the plan on the authority's
1843	1845		Internet website. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.28.)
1844	1846		SUBCHAPTER C. POWERS AND DUTIES
1845	1847		Sec. 8511.0301. GENERAL POWERS AND DUTIES. (a) The
1846	1848		authority shall:
1847	1849		(1) administer this chapter; and
1848	1850		(2) use its facilities and powers to accomplish the
1849	1851		purposes of this chapter.
1850	1852		(b) The authority may:
1851	1853		(1) exercise the powers, rights, privileges, and
1852	1854		functions in this chapter;
1853	1855		(2) exercise all powers, rights, and privileges
1854	1856		necessary or convenient for accomplishing the purposes of this
1855	1857		chapter; and
1856	1858		(3) perform any other act necessary or convenient to
1857	1859		the exercise of the powers, rights, privileges, or functions
1858	1860		conferred by this chapter or other laws.
1859	1861		(c) The board may provide for any expenditures it considers
1860	1862		essential or useful in the authority's maintenance, operation, and
1861	1863		administration. (Acts 44th Leg., 1st C.S., Ch. 427, Secs. 2.01
1862	1864		(part), 3.01(a), (b), 3.24.)
1863	1865		Sec. 8511.0302. CONTROL AND USE OF WATERS. (a) The
1864	1866		authority may exercise power over the storm water and floodwater of
1865	1867		the Nueces River Basin.
1866	1868		(b) The authority may exercise the powers of control and use
1867	1869		of this state's water in the following manner and for the following
1868	1870		purposes:
1869	1871		(1) to provide for the control and coordination of
1870	1872		water use in the Nueces River Basin as a unit;
1871	1873		(2) to provide for the preservation of the rights of
1872	1874		the people of the different sections of the Nueces River Basin in
1873	1875		the beneficial use of water by adequate organization and
1874	1876		administration;
1875	1877		(3) to provide for conserving storm water, floodwater,
1876	1878		and unappropriated flow water of the Nueces River Basin, including
1877	1879		the storage, control, transportation, treatment, and distribution
1878	1880		of that water, and the prevention of the escape of any of that water
1879	1881		without the maximum of public service;
1880	1882		(4) to provide for the prevention of the devastation
1881	1883		of land from recurrent overflows;
1882	1884		(5) to provide for the protection of life and property
1883	1885		in the Nueces River Basin from uncontrolled floodwater;
1884	1886		(6) to provide for the conservation of water essential
1885	1887		for domestic and other water uses of the people of the Nueces River
1886	1888		Basin, including all necessary water supplies for municipalities
1887	1889		and industrial districts;
1888	1890		(7) to provide for the irrigation of land in the Nueces
1889	1891		River Basin where irrigation is required for agricultural purposes
1890	1892		or may be considered helpful to more profitable agricultural
1891	1893		production;
1892	1894		(8) to provide for the equitable distribution of storm
1893	1895		water, floodwater, and unappropriated flow water to meet the
1894	1896		regional potential requirements for all uses;
1895	1897		(9) to provide for the encouragement and development
1896	1898		of drainage systems and provisions for the drainage of land in the
1897	1899		valleys of the Nueces River and its tributary streams needing
1898	1900		drainage for profitable agricultural and livestock production and
1899	1901		industrial activities and the drainage of other land in the
1900	1902		authority's watershed area requiring drainage for the most
1901	1903		advantageous use;
1902	1904		(10) to provide for the conservation of soil against
1903	1905		destructive erosion to prevent the increased flood menace incident
1904	1906		to erosion;
1905	1907		(11) to control and make available for use storm
1906	1908		water, floodwater, and unappropriated flow water as may be
1907	1909		authorized by the commission in the development of commercial and
1908	1910		industrial enterprises in all sections of the authority's watershed
1909	1911		area;
1910	1912		(12) to provide for the control, storage, and use of
1911	1913		storm water, floodwater, and unappropriated flow water in the
1912	1914		development and distribution of hydroelectric power, if that use
1913	1915		may be economically coordinated with other and superior uses and
1914	1916		subordinated to the uses declared by law to be superior; and
1915	1917		(13) to provide for each purpose and use for which
1916	1918		storm water, floodwater, and unappropriated flow water when
1917	1919		controlled and conserved may be used in the performance of a useful
1918	1920		service as contemplated and authorized by the provisions of the
1919	1921		constitution and statutes.
1920	1922		(c) The authority may:
1921	1923		(1) control, store, and preserve the water of the
1922	1924		Nueces River and its tributaries inside the authority's boundaries
1923	1925		for a useful purpose;
1924	1926		(2) use, distribute, and sell the water for a
1925	1927		beneficial purpose inside and outside the authority; and
1926	1928		(3) acquire water and water rights inside and outside
1927	1929		the authority.
1928	1930		(d) All plans and works provided by the authority and all
1929	1931		works that may be provided under the authority's authorization
1930	1932		should have primary regard to the necessity and potential needs for
1931	1933		water by or in the respective areas constituting the watershed of
1932	1934		the Nueces River and its tributary streams. (Acts 44th Leg., 1st
1933	1935		C.S., Ch. 427, Sec. 3.02.)
1934	1936		Sec. 8511.0303. USE OF BED AND BANKS OF NUECES RIVER AND ITS
1935	1937		TRIBUTARIES. Subject to the commission's approval, the authority
1936	1938		may use the bed and banks of the Nueces River and its tributary
1937	1939		streams for any purpose necessary to accomplish the authority's
1938	1940		plans for storing, controlling, conserving, transporting, and
1939	1941		distributing storm water, floodwater, and appropriated flow waters
1940	1942		for useful purposes. (Acts 44th Leg., 1st C.S., Ch. 427, Sec.
1941	1943		3.21.)
1942	1944		Sec. 8511.0304. MASTER PLAN. (a) The authority shall
1943	1945		prepare and file with the commission a master plan for the maximum
1944	1946		development of the soil and water resources of the entire Nueces
1945	1947		River watershed, including plans for the complete use, for all
1946	1948		economically beneficial purposes, of the watershed's water
1947	1949		resources. The authority may amend the master plan as appropriate
1948	1950		to accomplish the purposes of this section.
1949	1951		(b) After the master plan or any amendments to the plan have
1950	1952		been filed with the commission, notice of the application of any
1951	1953		person who desires to acquire the right to use state water that is
1952	1954		in the Nueces River watershed shall be provided to the authority.
1953	1955		After public hearing as provided by law, the commission may grant or
1954	1956		deny the proposed application in the manner required by law,
1955	1957		notwithstanding any contrary provision of the master plan or any
1956	1958		amendments to the plan.
1957	1959		(c) Each work constructed by the authority shall be
1958	1960		constructed and operated in a manner that, in the greatest
1959	1961		practicable degree, conforms to the master plan and any amendments
1960	1962		to the plan.
1961	1963		(d) This section may not be construed to interfere with any
1962	1964		improvement of the Nueces River or its tributaries or with a grant
1963	1965		or loan in aid of any improvement made by the United States or by
1964	1966		this state. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.22.)
1965	1967		Sec. 8511.0305. WATER CONSERVATION PROGRAM. The board
1966	1968		shall adopt and implement a program of water conservation that:
1967	1969		(1) incorporates the practices, techniques, and
1968	1970		technologies that will reduce water consumption, reduce water loss
1969	1971		or waste, improve efficiency in water use, or increase water
1970	1972		recycling and reuse so that a water supply is available for future
1971	1973		or alternative uses; and
1972	1974		(2) the commission and development board determine
1973	1975		meets reasonably anticipated local needs and conditions. (Acts
1974	1976		44th Leg., 1st C.S., Ch. 427, Sec. 3.22A.)
1975	1977		Sec. 8511.0306. FORESTATION AND REFORESTATION. The
1976	1978		authority may forest, reforest, or aid in foresting or reforesting
1977	1979		the watershed of the Nueces River and its tributaries. (Acts 44th
1978	1980		Leg., 1st C.S., Ch. 427, Sec. 3.03.)
1979	1981		Sec. 8511.0307. GROUNDWATER. (a) The authority may
1980	1982		conduct surveys and studies of the groundwater supplies in the
1981	1983		authority to:
1982	1984		(1) determine the location and quantity of groundwater
1983	1985		available for irrigation and other purposes; and
1984	1986		(2) develop and ascertain other information that in
1985	1987		the authority's judgment may be necessary to fully develop
1986	1988		irrigation and other water uses from the groundwater in the
1987	1989		authority.
1988	1990		(b) With the approval and under the supervision of the
1989	1991		commission, the authority may appropriate storm water and
1990	1992		floodwater to recharge underground freshwater-bearing sand and
1991	1993		aquifers in the Nueces River Basin.
1992	1994		(c) The authority shall cooperate with the Edwards Aquifer
1993	1995		Authority, or its lawful successor, and any other groundwater
1994	1996		conservation district inside the authority's boundaries in any
1995	1997		groundwater recharge project in an area where a groundwater
1996	1998		conservation district has jurisdiction. (Acts 44th Leg., 1st C.S.,
1997	1999		Ch. 427, Sec. 3.04.)
1998	2000		Sec. 8511.0308. WATER QUALITY CONTROL. (a) The authority
1999	2001		may exercise the powers vested in a river authority by Chapters 5,
2000	2002		7, 17, 26, and 30, Water Code, and Chapter 366, Health and Safety
2001	2003		Code.
2002	2004		(b) The authority may perform the licensing and other
2003	2005		functions authorized to be delegated to a local government by the
2004	2006		commission in connection with the regulation of private sewage
2005	2007		facilities under Chapter 366, Health and Safety Code.
2006	2008		(c) The authority may serve as the entity to provide
2007	2009		regional or area-wide waste collection, treatment, and disposal
2008	2010		systems as provided by Subchapter C, Chapter 26, Water Code. (Acts
2009	2011		44th Leg., 1st C.S., Ch. 427, Sec. 3.05.)
2010	2012		Sec. 8511.0309. SOLID WASTE SERVICES. The authority may
2011	2013		acquire, construct, maintain, and provide facilities, equipment,
2012	2014		and disposal sites to provide solid waste collection,
2013	2015		transportation, treatment, and disposal services inside the
2014	2016		authority, charge for the services, and enter into a contract for
2015	2017		the services with any person. (Acts 44th Leg., 1st C.S., Ch. 427,
2016	2018		Sec. 3.06.)
2017	2019		Sec. 8511.0310. APPLICABILITY OF CERTAIN ENVIRONMENTAL
2018	2020		LAWS. The authority may exercise the powers and functions vested in
2019	2021		a river authority by Chapter 383, Health and Safety Code. (Acts
2020	2022		44th Leg., 1st C.S., Ch. 427, Sec. 3.26.)
2021	2023		Sec. 8511.0311. PARKS AND RECREATIONAL FACILITIES. The
2022	2024		authority may:
2023	2025		(1) acquire land adjacent to or in the vicinity of the
2024	2026		Nueces River or any of its tributaries for park and recreational
2025	2027		purposes; and
2026	2028		(2) acquire, construct, and maintain park and
2027	2029		recreational facilities on the land. (Acts 44th Leg., 1st C.S., Ch.
2028	2030		427, Sec. 3.07.)
2029	2031		Sec. 8511.0312. PERMITS AND LICENSES. In the manner
2030	2032		provided by Chapters 5, 11, and 12, Water Code, the authority may
2031	2033		apply for any permit, license, franchise, or other grant of
2032	2034		authority it may require from the commission, the development
2033	2035		board, or any other federal, state, or local governmental agency in
2034	2036		exercising its powers and accomplishing the purposes under this
2035	2037		chapter. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.08.)
2036	2038		Sec. 8511.0313. SERVICE CONTRACTS AND CHARGES. (a) The
2037	2039		authority may enter into a service contract and may adopt
2038	2040		resolutions and orders establishing rates and providing for the
2039	2041		collection of fees and charges for:
2040	2042		(1) the sale or use of water;
2041	2043		(2) water transmission, treatment, and storage
2042	2044		facility services;
2043	2045		(3) solid and liquid waste collection, treatment, and
2044	2046		disposal services and facilities;
2045	2047		(4) the use of park and recreational facilities;
2046	2048		(5) the sale of power and electric energy; and
2047	2049		(6) other services or facilities sold, provided, or
2048	2050		supplied by the authority.
2049	2051		(b) The fees and charges must be sufficient to produce
2050	2052		revenue adequate to:
2051	2053		(1) pay expenses necessary for the operation and
2052	2054		maintenance of the authority's properties and facilities;
2053	2055		(2) pay the principal of or the interest on any bonds
2054	2056		or other obligations issued by the authority when due and payable;
2055	2057		(3) fulfill any reserve or other fund obligations of
2056	2058		the authority in connection with the bonds or other obligations;
2057	2059		and
2058	2060		(4) pay any other expenses the board may consider
2059	2061		necessary and proper for the authority's operations. (Acts 44th
2060	2062		Leg., 1st C.S., Ch. 427, Sec. 3.09.)
2061	2063		Sec. 8511.0314. USE OF REVENUE AND PROPERTY. The use of any
2062	2064		authority money or property for any purpose not provided by this
2063	2065		chapter is prohibited. (Acts 44th Leg., 1st C.S., Ch. 427, Sec.
2064	2066		4.06(b).)
2065	2067		Sec. 8511.0315. ACQUISITION, MAINTENANCE, AND OPERATION OF
2066	2068		PROPERTY. The authority may purchase, lease, acquire by gift,
2067	2069		maintain, use, and operate property of any kind inside or outside
2068	2070		the authority that is appropriate for the exercise of its
2069	2071		functions. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.11(a).)
2070	2072		Sec. 8511.0316. ACQUISITION, CONSTRUCTION, MAINTENANCE,
2071	2073		AND OPERATION OF FACILITIES. The authority may acquire in any
2072	2074		manner, construct, extend, improve, maintain, reconstruct, use,
2073	2075		and operate facilities inside or outside the authority that are
2074	2076		necessary or convenient for the exercise of its powers, rights,
2075	2077		duties, and functions. (Acts 44th Leg., 1st C.S., Ch. 427, Sec.
2076	2078		3.12.)
2077	2079		Sec. 8511.0317. EMINENT DOMAIN. (a) The authority may
2078	2080		exercise the power of eminent domain under Chapter 21, Property
2079	2081		Code, to acquire property of any kind inside or outside the
2080	2082		authority that is appropriate for the exercise of its functions.
2081	2083		(b) The authority's authority under this section to
2082	2084		exercise the power of eminent domain expired on September 1, 2013,
2083	2085		unless the authority submitted a letter to the comptroller in
2084	2086		accordance with Section 2206.101(b), Government Code, not later
2085	2087		than December 31, 2012. (Acts 44th Leg., 1st C.S., Ch. 427, Sec.
2086	2088		3.10; New.)
2087	2089		Sec. 8511.0318. COST OF RELOCATING OR ALTERING PROPERTY.
2088	2090		(a) In this section, "sole expense" means the actual cost of
2089	2091		relocating, raising, rerouting, changing the grade of, or altering
2090	2092		the construction of a facility described by Subsection (b) in
2091	2093		providing comparable replacement without enhancement of the
2092	2094		facility, after deducting from that cost the net salvage value
2093	2095		derived from the old facility.
2094	2096		(b) If the authority's exercise of the power of eminent
2095	2097		domain, the power of relocation, or any other power makes necessary
2096	2098		relocating, raising, rerouting, changing the grade of, or altering
2097	2099		the construction of a highway, railroad, electric transmission
2098	2100		line, telephone or telegraph property or facility, or pipeline, the
2099	2101		necessary action shall be accomplished at the authority's sole
2100	2102		expense. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.14.)
2101	2103		Sec. 8511.0319. DISPOSITION OF PROPERTY. The authority
2102	2104		may:
2103	2105		(1) sell any property or interest in property of any
2104	2106		kind owned by the authority by installments or otherwise, including
2105	2107		a sale in any manner prescribed or permitted by:
2106	2108		(A) Chapter 383, Health and Safety Code;
2107	2109		(B) Section 552.014, Local Government Code; or
2108	2110		(C) Chapter 30, Water Code; or
2109	2111		(2) lease, exchange, or otherwise dispose of any
2110	2112		property described by Subdivision (1) or interest in property.
2111	2113		(Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.11(b).)
2112	2114		Sec. 8511.0320. GENERAL CONTRACT POWERS. The authority may
2113	2115		enter into a contract or execute an instrument that is necessary or
2114	2116		convenient for the exercise of its powers, rights, duties, and
2115	2117		functions. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.15(a).)
2116	2118		Sec. 8511.0321. AWARD OF CERTAIN CONTRACTS. (a) Any
2117	2119		construction, maintenance, operation, or repair contract, or
2118	2120		contract for the purchase of material, equipment, or supplies, or
2119	2121		any contract for services other than technical, scientific, legal,
2120	2122		fiscal, or other professional services, which will require an
2121	2123		estimated expenditure of more than $10,000, or is for a term of six
2122	2124		months or more, shall be awarded to the lowest and best bidder.
2123	2125		(b) In the event of a catastrophe or calamity of any kind,
2124	2126		the authority may award a contract necessary to protect and
2125	2127		preserve the public health and welfare or the authority's property
2126	2128		without using bidding procedures.
2127	2129		(c) The authority:
2128	2130		(1) shall publish notice:
2129	2131		(A) to bidders once each week for three
2130	2132		consecutive weeks before the date set for awarding the contract;
2131	2133		and
2132	2134		(B) in a newspaper having general circulation in
2133	2135		the county or counties in which the contract is to be performed; and
2134	2136		(2) may publish notice in any other appropriate
2135	2137		publication.
2136	2138		(d) The notice is sufficient if it states the time and place
2137	2139		when and where the bids will be opened, the general nature of the
2138	2140		work to be done, or the material, equipment, or supplies to be
2139	2141		purchased, or the nonprofessional services to be rendered, and
2140	2142		states the terms upon which copies of the plans, specifications, or
2141	2143		other pertinent information may be obtained.
2142	2144		(e) A person who desires to bid on the construction of any
2143	2145		advertised work shall, on written application to the authority, be
2144	2146		provided a copy of the plans and specifications or other
2145	2147		engineering and architectural documents showing all of the details
2146	2148		of the work to be done. A charge may be made to cover the cost of
2147	2149		making the copy.
2148	2150		(f) A bid must be:
2149	2151		(1) in writing;
2150	2152		(2) sealed and delivered to the authority; and
2151	2153		(3) accompanied by a certified check drawn on a
2152	2154		responsible bank in this state or, at the discretion of the
2153	2155		authority, a bid bond from a company approved by the authority, in
2154	2156		an amount equal to at least one percent of the total amount bid.
2155	2157		(g) The authority shall open bids at the place specified in
2156	2158		the published notice and shall announce the bids. The place where
2157	2159		the bids are opened and announced must be open to the public. The
2158	2160		award of the contract shall be made by:
2159	2161		(1) the board; or
2160	2162		(2) the executive committee, if authorized by the
2161	2163		board.
2162	2164		(h) The person with whom a contract is made shall provide
2163	2165		the performance and payment bonds required by law.
2164	2166		(i) The amount of a check or bond provided under Subsection
2165	2167		(f) is forfeited to the authority if the successful bidder fails or
2166	2168		refuses to:
2167	2169		(1) enter into a proper contract; or
2168	2170		(2) provide a bond as required by law.
2169	2171		(j) The authority may reject any or all bids.
2170	2172		(k) The authority may waive any informality in the bids.
2171	2173		(l) This section does not prohibit the authority from taking
2172	2174		the following actions by negotiated contract and without necessity
2173	2175		for advertising for bids:
2174	2176		(1) purchasing or acquiring land or an interest in
2175	2177		land from any person;
2176	2178		(2) acquiring, constructing, or improving pollution
2177	2179		control or waste collection and disposal facilities in accordance
2178	2180		with Chapter 30, Water Code, Chapter 383, Health and Safety Code, or
2179	2181		other applicable statutes; or
2180	2182		(3) purchasing or acquiring surplus property from a
2181	2183		governmental entity. (Acts 44th Leg., 1st C.S., Ch. 427, Secs.
2182	2184		3.15(b), (c), (d), (e), (f), (h), (i).)
2183	2185		Sec. 8511.0322. CONSTRUCTION CONTRACTS: PAYMENT. (a) The
2184	2186		contract price of any construction contract of the authority may be
2185	2187		paid in partial payments as the work progresses, but the payments
2186	2188		may not exceed 90 percent of the amount due at the time of the
2187	2189		payments as shown by the authority engineer's report.
2188	2190		(b) The executive director shall, at all times during the
2189	2191		progress of the work, inspect the work or have the work inspected by
2190	2192		the authority engineer or the engineer's assistants.
2191	2193		(c) On certification of the executive director and the
2192	2194		authority engineer of the completion of the contract in accordance
2193	2195		with its terms and, in the case of any construction contract for
2194	2196		which notice to bidders is required by Section 8511.0321(c), on
2195	2197		board approval, the authority shall draw a warrant on its
2196	2198		depository to pay the balance due on the contract. (Acts 44th Leg.,
2197	2199		1st C.S., Ch. 427, Sec. 3.15(g).)
2198	2200		Sec. 8511.0323. CONFLICT OF INTEREST IN CERTAIN CONTRACTS.
2199	2201		An officer, agent, or employee of the authority who is financially
2200	2202		interested in a contract of a type described by Section
2201	2203		8511.0321(a) shall disclose that fact to the board before the board
2202	2204		votes on the acceptance of the contract. (Acts 44th Leg., 1st C.S.,
2203	2205		Ch. 427, Sec. 3.15(j).)
2204	2206		Sec. 8511.0324. SURVEYS AND ENGINEERING INVESTIGATIONS.
2205	2207		The authority shall conduct surveys and engineering investigations
2206	2208		to develop information for its use. (Acts 44th Leg., 1st C.S., Ch.
2207	2209		427, Sec. 3.19 (part).)
2208	2210		Sec. 8511.0325. PLANS. The board may:
2209	2211		(1) make and determine plans necessary to accomplish
2210	2212		the purposes for which the authority is created; and
2211	2213		(2) perform all actions useful and helpful in carrying
2212	2214		out the plans described by Subdivision (1) and accomplishing the
2213	2215		authority's purposes. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.19
2214	2216		(part).)
2215	2217		Sec. 8511.0326. ACCESS TO AUTHORITY PROPERTY. (a) To
2216	2218		provide for the safety and welfare of persons and their property or
2217	2219		for the protection and security of authority property and
2218	2220		facilities, the board may adopt rules with respect to authority
2219	2221		property and any water reservoir or dam the construction,
2220	2222		operation, or management of which is participated in by the
2221	2223		authority to control and regulate:
2222	2224		(1) ingress, egress, and use; and
2223	2225		(2) the operation of land and water vehicles.
2224	2226		(b) All public roads, streets, and state highways that as of
2225	2227		September 1, 1975, traversed the areas to be covered by any
2226	2228		impounded water shall remain open as a way of public passing to and
2227	2229		from the lakes created, unless changed by lawful authority. (Acts
2228	2230		44th Leg., 1st C.S., Ch. 427, Sec. 3.20.)
2229	2231		Sec. 8511.0327. LIMITATIONS ON POWERS AND DUTIES;
2230	2232		COMMISSION APPROVAL OF CERTAIN PLANS. (a) The powers granted and
2231	2233		duties prescribed by this chapter are subject to all legislative
2232	2234		declarations of public policy in the maximum use of the storm water,
2233	2235		floodwater, and unappropriated flow water of the Nueces River Basin
2234	2236		for the purposes for which the authority is created.
2235	2237		(b) The commission shall consider the adequacy of, and
2236	2238		approve or refuse to approve, any flood control or conservation
2237	2239		improvement plan that:
2238	2240		(1) is devised by the authority to achieve a plan or
2239	2241		purpose for which the authority was created; and
2240	2242		(2) contemplates improvements that are to be
2241	2243		supervised by the commission under general law. (Acts 44th Leg.,
2242	2244		1st C.S., Ch. 427, Secs. 3.25(a) (part), (b).)
2243	2245		SUBCHAPTER D. REGULATORY POWERS; ENFORCEMENT AND COURT REVIEW
2244	2246		PROVISIONS
2245	2247		Sec. 8511.0401. ADOPTION AND ENFORCEMENT OF RULES. (a) The
2246	2248		authority may adopt and enforce rules reasonably required to
2247	2249		effectuate this chapter.
2248	2250		(b) In adopting rules, the board shall comply, as
2249	2251		appropriate, with the requirements of Chapters 2001 and 2002,
2250	2252		Government Code.
2251	2253		(c) The board shall print its rules and provide copies to
2252	2254		any person on written request. (Acts 44th Leg., 1st C.S., Ch. 427,
2253	2255		Sec. 3.16.)
2254	2256		Sec. 8511.0402. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) A
2255	2257		person who violates an authority rule or order is subject to a civil
2256	2258		penalty of not less than $50 or more than $1,000 for each day of
2257	2259		violation.
2258	2260		(b) The authority may sue to recover the penalty in a
2259	2261		district court in the county in which the violation occurred. A
2260	2262		penalty shall be paid to the authority.
2261	2263		(c) The authority may sue for injunctive relief in a
2262	2264		district court in the county in which a violation of a rule or order
2263	2265		occurred or is threatened.
2264	2266		(d) The authority may sue for injunctive relief and a
2265	2267		penalty in the same proceeding. (Acts 44th Leg., 1st C.S., Ch. 427,
2266	2268		Sec. 3.17.)
2267	2269		Sec. 8511.0403. COURT REVIEW. (a) A person adversely
2268	2270		affected by an authority rule or order may sue the authority in a
2269	2271		district court to set aside the rule or order before the 31st day
2270	2272		after the date on which the rule or order took effect.
2271	2273		(b) Venue for a suit under Subsection (a) is in:
2272	2274		(1) a county located wholly or partly in the authority
2273	2275		in which the plaintiff resides; or
2274	2276		(2) the county in which the authority maintains its
2275	2277		principal office. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.18.)
2276	2278		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
2277	2279		Sec. 8511.0501. DISBURSEMENT OF MONEY. The authority may
2278	2280		disburse its money only by a check, draft, order, or other
2279	2281		instrument signed by a person authorized to do so in the board's
2280	2282		bylaws or by board resolution. (Acts 44th Leg., 1st C.S., Ch. 427,
2281	2283		Sec. 4.01.)
2282	2284		Sec. 8511.0502. ACCOUNTS, CONTRACTS, AND OTHER RECORDS;
2283	2285		PUBLIC INSPECTION. (a) The authority shall keep complete and
2284	2286		accurate accounts of its business transactions in accordance with
2285	2287		generally accepted methods of accounting.
2286	2288		(b) The authority shall keep its accounts, contracts,
2287	2289		documents, minutes, and other records at its principal office.
2288	2290		(c) Except as otherwise required by law, the authority may
2289	2291		not disclose a record that it has relating to a trade secret or the
2290	2292		economics of operation of business or industry.
2291	2293		(d) Except as provided by Subsection (c), the authority
2292	2294		shall permit reasonable public inspection of its records during
2293	2295		regular business hours. (Acts 44th Leg., 1st C.S., Ch. 427, Secs.
2294	2296		2.10(a), (c), (d), (e).)
2295	2297		Sec. 8511.0503. FEES AND CHARGES. (a) The authority shall
2296	2298		establish fees and charges.
2297	2299		(b) The fees and charges may not exceed the amount necessary
2298	2300		to fulfill the obligations imposed on the authority by this
2299	2301		chapter. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 4.02.)
2300	2302		Sec. 8511.0504. TRUST MONEY. Money collected by or
2301	2303		donated, granted, loaned, or advanced to the authority is trust
2302	2304		money for the purposes provided by this chapter. (Acts 44th Leg.,
2303	2305		1st C.S., Ch. 427, Sec. 4.05.)
2304	2306		Sec. 8511.0505. DEPOSITORY. (a) The board shall designate
2305	2307		one or more banks inside or outside the authority to serve as a
2306	2308		depository for authority money.
2307	2309		(b) Authority money shall be deposited in a depository
2308	2310		designated by the board, except that the following may be handled as
2309	2311		provided in a trust indenture or bond resolution:
2310	2312		(1) bond proceeds;
2311	2313		(2) money pledged to pay bonds;
2312	2314		(3) money placed in special funds; and
2313	2315		(4) money remitted to a bank of payment for the payment
2314	2316		of the principal of and interest on bonds.
2315	2317		(c) The board shall prescribe the term of service for a
2316	2318		depository.
2317	2319		(d) Before designating a depository, the board shall:
2318	2320		(1) publish notice one time in one or more newspapers
2319	2321		of general circulation in the authority that are specified by the
2320	2322		board; or
2321	2323		(2) mail a copy of the notice to each bank inside the
2322	2324		authority.
2323	2325		(e) The notice must:
2324	2326		(1) state the time and place at which the board will
2325	2327		meet to designate a depository; and
2326	2328		(2) invite the banks inside the authority to submit
2327	2329		applications to be designated a depository.
2328	2330		(f) At the time stated in the notice, the board shall:
2329	2331		(1) consider the application and the management and
2330	2332		condition of each bank that applies; and
2331	2333		(2) designate as a depository the bank or banks:
2332	2334		(A) that offer the most favorable terms for
2333	2335		handling authority money; and
2334	2336		(B) that the board finds have proper management
2335	2337		and are in condition to handle authority money.
2336	2338		(g) Membership on the board of an officer or director of a
2337	2339		bank does not disqualify the bank from being designated as a
2338	2340		depository.
2339	2341		(h) If the board does not receive any applications before
2340	2342		the time stated in the notice, the board shall designate one or more
2341	2343		banks inside or outside the authority on terms that the board finds
2342	2344		advantageous to the authority. (Acts 44th Leg., 1st C.S., Ch. 427,
2343	2345		Secs. 4.09(a) (part), (b), (c), (d).)
2344	2346		Sec. 8511.0506. INVESTMENT OF AUTHORITY MONEY; APPLICATION
2345	2347		OF INCOME FROM INVESTMENTS. (a) Money in the authority's treasury
2346	2348		that is not required for the current payment of obligations of the
2347	2349		authority or for sinking funds and that the board considers
2348	2350		available for investment may be invested or reinvested by the
2349	2351		authority in:
2350	2352		(1) direct obligations of the United States;
2351	2353		(2) obligations the principal and interest of which
2352	2354		are guaranteed by the United States;
2353	2355		(3) direct obligations of or participation
2354	2356		certificates guaranteed by:
2355	2357		(A) a farm credit bank;
2356	2358		(B) the Federal National Mortgage Association;
2357	2359		(C) a federal home loan bank;
2358	2360		(D) a bank for cooperatives; or
2359	2361		(E) the successor or successors to any of the
2360	2362		entities listed in this subdivision;
2361	2363		(4) certificates of deposit of a bank or trust company
2362	2364		the deposits of which are fully secured by a pledge of securities of
2363	2365		any of the kind specified by Subdivision (3);
2364	2366		(5) other securities made eligible for investment
2365	2367		under this section by other laws and constitutional provisions; or
2366	2368		(6) a combination of the investments listed in this
2367	2369		subsection.
2368	2370		(b) The board shall determine the type and maturity of
2369	2371		investments made under this section.
2370	2372		(c) A resolution relating to the issuance of bonds must
2371	2373		provide appropriate recitals with regard to the investment of money
2372	2374		in funds established in connection with the authorization of the
2373	2375		bonds.
2374	2376		(d) The board shall direct the application of income from
2375	2377		investments made under this section. (Acts 44th Leg., 1st C.S., Ch.
2376	2378		427, Sec. 4.07.)
2377	2379		Sec. 8511.0507. FISCAL YEAR. The authority's fiscal year
2378	2380		ends on August 31 of each year. (Acts 44th Leg., 1st C.S., Ch. 427,
2379	2381		Sec. 4.08(a).)
2380	2382		Sec. 8511.0508. AUDIT. (a) In addition to including the
2381	2383		information required by Subchapter G, Chapter 49, Water Code, the
2382	2384		audit report prepared under that subchapter must state:
2383	2385		(1) the amount of money received by the authority
2384	2386		under this chapter during the preceding fiscal year; and
2385	2387		(2) how, to whom, and for what purpose the money was
2386	2388		spent.
2387	2389		(b) A copy of the audit report prepared under Subchapter G,
2388	2390		Chapter 49, Water Code, shall be filed:
2389	2391		(1) as required by Section 49.194, Water Code;
2390	2392		(2) with the governor;
2391	2393		(3) with the lieutenant governor;
2392	2394		(4) with the speaker of the house of representatives;
2393	2395		and
2394	2396		(5) with the comptroller. (Acts 44th Leg., 1st C.S.,
2395	2397		Ch. 427, Secs. 4.08(b) (part), (c); New.)
2396	2398		SUBCHAPTER F. TAX PROVISIONS
2397	2399		Sec. 8511.0601. MAINTENANCE AND ADMINISTRATION TAX. (a)
2398	2400		The board may impose ad valorem taxes in amounts approved at an
2399	2401		election held in accordance with Section 8511.0602 for:
2400	2402		(1) the maintenance of the authority and its
2401	2403		improvements; or
2402	2404		(2) the authority's administrative expenses.
2403	2405		(b) The maintenance tax and administration tax may not
2404	2406		exceed the maximum rate approved at the election, and the rate
2405	2407		remains in effect until changed by a subsequent election. The tax
2406	2408		rate may not exceed the limit specified by Section 8511.0604. (Acts
2407	2409		44th Leg., 1st C.S., Ch. 427, Sec. 5.05.)
2408	2410		Sec. 8511.0602. ELECTION FOR AD VALOREM TAX OR BONDS
2409	2411		PAYABLE FROM AD VALOREM TAXES. (a) An ad valorem tax for a purpose
2410	2412		authorized by this chapter may not be imposed and bonds payable
2411	2413		wholly or partly from ad valorem taxes, other than refunding bonds,
2412	2414		may not be issued unless the taxes or bonds are approved by a
2413	2415		majority of the authority's voters voting at an election held in the
2414	2416		authority.
2415	2417		(b) The election must be ordered by resolution of the board.
2416	2418		The election resolution must include:
2417	2419		(1) the date of the election;
2418	2420		(2) the proposition to be submitted and voted on;
2419	2421		(3) the polling places; and
2420	2422		(4) any other matters the board considers advisable.
2421	2423		(c) There must be at least two polling places in each county
2422	2424		that is wholly inside the authority, one of which must be at the
2423	2425		county seat. There must be at least one polling place in that part
2424	2426		of each county that is partly inside the authority.
2425	2427		(d) Notice of the election must be given by publishing a
2426	2428		substantial copy of the resolution ordering the election in one or
2427	2429		more newspapers of general circulation in the authority. The
2428	2430		notice must be published at least twice in each newspaper. The
2429	2431		first publication in each newspaper must occur at least 14 days
2430	2432		before the date set for the election, and the interval between the
2431	2433		publications in each newspaper must be at least one week. (Acts
2432	2434		44th Leg., 1st C.S., Ch. 427, Sec. 5.06 (part).)
2433	2435		Sec. 8511.0603. ASSESSMENT AND COLLECTION OF TAXES. (a)
2434	2436		Concurrently with the imposition of county taxes by the
2435	2437		commissioners courts, the board shall impose a tax for the
2436	2438		authority on all taxable property in the authority that is subject
2437	2439		to taxation. The board shall immediately certify the tax rate to
2438	2440		the assessor-collector of each county located wholly or partly
2439	2441		inside the authority.
2440	2442		(b) The tax assessor-collector of each county located
2441	2443		wholly or partly inside the authority shall act as the tax
2442	2444		assessor-collector for the authority for property in the authority
2443	2445		located in that county.
2444	2446		(c) The fee of each county tax assessor-collector for
2445	2447		assessing and collecting the authority's taxes may not exceed one
2446	2448		percent of the taxes collected, to be paid over and disbursed in
2447	2449		each county in the same manner as other fees of office. (Acts 44th
2448	2450		Leg., 1st C.S., Ch. 427, Secs. 5.07(b) (part), (c) (part), (f).)
2449	2451		Sec. 8511.0604. MAXIMUM TAX RATE. Except as provided by
2450	2452		Section 8511.0605, the maximum tax rate that may be imposed for any
2451	2453		year for all purposes is 15 cents on each $100 of assessed valuation
2452	2454		of taxable property. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 5.08;
2453	2455		New.)
2454	2456		Sec. 8511.0605. POWERS RELATING TO IMPROVEMENTS PECULIAR TO
2455	2457		DEFINED AREA. (a) The authority may exercise the powers specified
2456	2458		by Sections 51.510 through 51.530, Water Code, relating to
2457	2459		improvements peculiar to defined areas inside the authority.
2458	2460		(b) The tax rate limit specified by Section 8511.0604 does
2459	2461		not apply with respect to an improvement constructed in exercise of
2460	2462		a power authorized by this section. (Acts 44th Leg., 1st C.S., Ch.
2461	2463		427, Sec. 5.09 (part).)
2462	2464		SUBCHAPTER G. BONDS, BORROWED MONEY, AND GRANTS
2463	2465		Sec. 8511.0701. BORROWING MONEY; GRANTS. (a) The
2464	2466		authority may:
2465	2467		(1) borrow money or accept a grant or donation for its
2466	2468		corporate purposes from any person, including a private source, the
2467	2469		United States, this state, or a local government; and
2468	2470		(2) enter into an agreement in connection with a loan,
2469	2471		grant, or donation accepted under Subdivision (1).
2470	2472		(b) The source of any money accepted by the authority is
2471	2473		public information, both as to amount and any restrictions placed
2472	2474		by the donor on its expenditure. (Acts 44th Leg., 1st C.S., Ch.
2473	2475		427, Sec. 4.03.)
2474	2476		Sec. 8511.0702. POWER TO APPLY FOR MONEY FOR ENGINEERING
2475	2477		SURVEYS, INFORMATION COMPILATION AND COLLECTION, AND OTHER
2476	2478		PURPOSES. (a) The authority may apply to any person, including
2477	2479		this state and the United States, for money necessary to:
2478	2480		(1) secure engineering surveys and the compilation and
2479	2481		collection of information relating to regional and general
2480	2482		conditions entering into and influencing the character and extent
2481	2483		of the improvements necessary to accomplish the storage, control,
2482	2484		transportation, treatment, conservation, and equitable
2483	2485		distribution to the greatest public advantage of the floodwater,
2484	2486		normal flow water, and storm water that is stored and controlled; or
2485	2487		(2) accomplish or carry out any purpose of this
2486	2488		chapter.
2487	2489		(b) The authority:
2488	2490		(1) shall request an amount it considers sufficient;
2489	2491		(2) may make the necessary agreements with the party
2490	2492		providing the money; and
2491	2493		(3) may appropriate the amount of the estimated
2492	2494		equitable contribution of the costs of developing essential
2493	2495		engineering information. (Acts 44th Leg., 1st C.S., Ch. 427, Sec.
2494	2496		4.04.)
2495	2497		Sec. 8511.0703. POWER TO ISSUE BONDS. (a) For the purpose
2496	2498		of carrying out any power conferred by this chapter, including
2497	2499		preparation of the master plan and payment of engineering and
2498	2500		related expenses, the authority may issue bonds in three general
2499	2501		classes:
2500	2502		(1) bonds secured by ad valorem taxes;
2501	2503		(2) bonds secured by a pledge of all or part of the
2502	2504		revenue accruing to the authority from any source other than ad
2503	2505		valorem taxes, including the revenue received from:
2504	2506		(A) the sale of water or other products;
2505	2507		(B) the rendition of services;
2506	2508		(C) tolls; and
2507	2509		(D) charges; and
2508	2510		(3) bonds secured by a combination pledge of:
2509	2511		(A) taxes; and
2510	2512		(B) all or part of the revenue described by
2511	2513		Subdivision (2).
2512	2514		(b) The bonds must be authorized by a board resolution.
2513	2515		(Acts 44th Leg., 1st C.S., Ch. 427, Secs. 5.01(a), (b) (part).)
2514	2516		Sec. 8511.0704. FORM OF BONDS. Authority bonds must be:
2515	2517		(1) in the form the board prescribes;
2516	2518		(2) issued in the authority's name;
2517	2519		(3) signed by the president or a vice president; and
2518	2520		(4) attested by the secretary. (Acts 44th Leg., 1st
2519	2521		C.S., Ch. 427, Sec. 5.01(b) (part).)
2520	2522		Sec. 8511.0705. MATURITY. Authority bonds must mature not
2521	2523		later than 50 years after the date of their issuance. (Acts 44th
2522	2524		Leg., 1st C.S., Ch. 427, Sec. 5.01(b) (part).)
2523	2525		Sec. 8511.0706. ELECTION FOR BONDS PAYABLE FROM AD VALOREM
2524	2526		TAXES. (a) Authority bonds, other than refunding bonds, payable
2525	2527		wholly or partly from ad valorem taxes may not be issued unless
2526	2528		authorized by an election at which a majority of the votes cast
2527	2529		favor the bond issuance. The election must be held in accordance
2528	2530		with Section 8511.0602.
2529	2531		(b) The authority may issue bonds not payable wholly or
2530	2532		partly from ad valorem taxes without an election. (Acts 44th Leg.,
2531	2533		1st C.S., Ch. 427, Sec. 5.04.)
2532	2534		Sec. 8511.0707. TRUST INDENTURE. Authority bonds may be
2533	2535		further secured by a trust indenture with a corporate trustee.
2534	2536		(Acts 44th Leg., 1st C.S., Ch. 427, Sec. 5.01(b) (part).)
2535	2537		Sec. 8511.0708. ADDITIONAL BONDS. A pledge of revenue may
2536	2538		reserve the right, under conditions specified by the pledge, to
2537	2539		issue additional bonds that will be on a parity with or subordinate
2538	2540		to the bonds then being issued. (Acts 44th Leg., 1st C.S., Ch. 427,
2539	2541		Sec. 5.01(c) (part).)
2540	2542		Sec. 8511.0709. ADDITIONAL PROVISIONS IN RESOLUTION
2541	2543		AUTHORIZING BONDS OR TRUST INDENTURE. (a) The resolution
2542	2544		authorizing the bonds or the trust indenture further securing the
2543	2545		bonds may specify additional provisions that constitute a contract
2544	2546		between the authority and its bondholders.
2545	2547		(b) The board has full discretion in providing for the
2546	2548		additional provisions, including the authority to provide for a
2547	2549		corporate trustee or receiver to take possession of authority
2548	2550		facilities if the authority defaults in fulfilling the covenants
2549	2551		made in the resolution or trust indenture. (Acts 44th Leg., 1st
2550	2552		C.S., Ch. 427, Sec. 5.01(d).)
2551	2553		Sec. 8511.0710. REFUNDING BONDS. (a) The authority may
2552	2554		issue refunding bonds to refund outstanding authority bonds and
2553	2555		interest on the bonds.
2554	2556		(b) Refunding bonds may:
2555	2557		(1) be issued to refund bonds of one or more series;
2556	2558		(2) combine the pledges for the outstanding bonds for
2557	2559		the security of the refunding bonds; or
2558	2560		(3) be secured by a pledge of other or additional
2559	2561		revenue.
2560	2562		(c) The provisions of this subchapter regarding the
2561	2563		issuance of other bonds, their security, and the remedies of the
2562	2564		holders apply to refunding bonds.
2563	2565		(d) The comptroller shall register the refunding bonds on
2564	2566		surrender and cancellation of the bonds to be refunded.
2565	2567		(e) Instead of issuing bonds to be registered on the
2566	2568		surrender and cancellation of the bonds to be refunded, the
2567	2569		authority, in the resolution authorizing the issuance of the
2568	2570		refunding bonds, may provide for the sale of the refunding bonds and
2569	2571		the deposit of the proceeds in a bank at which the bonds to be
2570	2572		refunded are payable. In that case, the refunding bonds may be
2571	2573		issued in an amount sufficient to pay the principal of and interest
2572	2574		on the bonds to be refunded to their option date or maturity date,
2573	2575		and the comptroller shall register the refunding bonds without the
2574	2576		concurrent surrender and cancellation of the bonds to be refunded.
2575	2577		(Acts 44th Leg., 1st C.S., Ch. 427, Sec. 5.02.)
2576	2578		SECTION 1.04. WATER CONTROL AND IMPROVEMENT DISTRICT.
2577	2579		Subtitle I, Title 6, Special District Local Laws Code, is amended by
2578	2580		adding Chapter 9088 to read as follows:
2579	2581		CHAPTER 9088. CALHOUN COUNTY WATER CONTROL AND IMPROVEMENT
2580	2582		DISTRICT NO. 1
2581	2583		SUBCHAPTER A. GENERAL PROVISIONS
2582	2584		Sec. 9088.0101. DEFINITIONS
2583	2585		Sec. 9088.0102. NATURE AND PURPOSE OF DISTRICT
2584	2586		Sec. 9088.0103. FINDINGS OF PURPOSE AND BENEFIT
2585	2587		Sec. 9088.0104. DISTRICT TERRITORY
2586	2588		SUBCHAPTER B. POWERS AND DUTIES
2587	2589		Sec. 9088.0201. WATER CONTROL AND IMPROVEMENT DISTRICT
2588	2590		POWERS
2589	2591		SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
2590	2592		Sec. 9088.0301. TAX METHOD
2591	2593		CHAPTER 9088. CALHOUN COUNTY WATER CONTROL AND IMPROVEMENT
2592	2594		DISTRICT NO. 1
2593	2595		SUBCHAPTER A. GENERAL PROVISIONS
2594	2596		Sec. 9088.0101. DEFINITIONS. In this chapter:
2595	2597		(1) "Board" means the district's board of directors.
2596	2598		(2) "District" means the Calhoun County Water Control
2597	2599		and Improvement District No. 1 in Calhoun County. (Acts 56th Leg.,
2598	2600		R.S., Ch. 472, Sec. 1 (part); Acts 71st Leg., R.S., Ch. 518, Sec. 1;
2599	2601		New.)
2600	2602		Sec. 9088.0102. NATURE AND PURPOSE OF DISTRICT. (a) The
2601	2603		district is:
2602	2604		(1) a conservation and reclamation district under
2603	2605		Section 59, Article XVI, Texas Constitution;
2604	2606		(2) a water control and improvement district; and
2605	2607		(3) a municipal corporation.
2606	2608		(b) The district's sole purpose is reclaiming and draining
2607	2609		the district's overflowed land and other land needing drainage.
2608	2610		(Acts 56th Leg., R.S., Ch. 472, Secs. 1 (part), 4 (part).)
2609	2611		Sec. 9088.0103. FINDINGS OF PURPOSE AND BENEFIT. (a) The
2610	2612		district is essential to the accomplishment of the purposes of
2611	2613		Section 59, Article XVI, Texas Constitution.
2612	2614		(b) All land and other property in the district benefit from
2613	2615		the district and improvements and facilities the district
2614	2616		constructs and acquires. (Acts 56th Leg., R.S., Ch. 472, Secs. 3
2615	2617		(part), 4 (part).)
2616	2618		Sec. 9088.0104. DISTRICT TERRITORY. The district has the
2617	2619		area and boundaries described by the board's order adopted on March
2618	2620		23, 1959, as that area and those boundaries may have been modified
2619	2621		under:
2620	2622		(1) Subchapter J, Chapter 49, Water Code;
2621	2623		(2) Subchapter O, Chapter 51, Water Code; or
2622	2624		(3) other law. (Acts 56th Leg., R.S., Ch. 472, Sec. 1
2623	2625		(part); New.)
2624	2626		SUBCHAPTER B. POWERS AND DUTIES
2625	2627		Sec. 9088.0201. WATER CONTROL AND IMPROVEMENT DISTRICT
2626	2628		POWERS. To accomplish the sole purpose of reclaiming and draining
2627	2629		the district's overflowed land and other land needing drainage, the
2628	2630		district has all of the rights, powers, privileges, and duties
2629	2631		provided by general law applicable to a water control and
2630	2632		improvement district created under Section 59, Article XVI, Texas
2631	2633		Constitution, including Chapters 49 and 51, Water Code. (Acts 56th
2632	2634		Leg., R.S., Ch. 472, Sec. 1 (part); New.)
2633	2635		SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
2634	2636		Sec. 9088.0301. TAX METHOD. (a) The district shall use the
2635	2637		ad valorem basis or plan of taxation.
2636	2638		(b) The board is not required to hold a hearing on the
2637	2639		adoption of a plan of taxation. (Acts 56th Leg., R.S., Ch. 472,
2638	2640		Sec. 3 (part).)
2639	2641		ARTICLE 2. CONFORMING AMENDMENT
2640	2642		SECTION 2.01. NUECES RIVER AUTHORITY. Section 2.02(a),
2641	2643		Chapter 427, Acts of the 44th Legislature, 1st Called Session,
2642	2644		1935, is amended to read as follows:
2643	2645		(a) The Nueces River Authority [authority] includes all
2644	2646		counties which lie wholly within the Nueces River Basin, all of San
2645	2647		Patricio, Nueces, and Jim Wells counties, and generally the
2646	2648		in-basin parts of other counties, except Webb County, which lie
2647	2649		partially within the basin. The actual boundaries of the area
2648	2650		within the authority may be described by metes and bounds as
2649	2651		follows: Beginning at a point in the boundary of the State of Texas
2650	2652		offshore of the City of Port Aransas at the Northeast corner of
2651	2653		Nueces County and the most southerly Southeast corner of Aransas
2652	2654		County; thence along the common line between Nueces County and
2653	2655		Aransas County in a westerly and then northerly direction to a point
2654	2656		in the center of the Intracoastal Canal cutoff between Rockport and
2655	2657		Aransas Pass, Texas; thence southerly along the centerline of the
2656	2658		said Intracoastal Canal to its point of intersection with an
2657	2659		extension of the boundary line between Aransas County and San
2658	2660		Patricio County for the northernmost Southeast corner of San
2659	2661		Patricio County and the Southwest corner of Aransas County for an
2660	2662		angle point; thence along the common line between San Patricio
2661	2663		County and Aransas County in a northwesterly direction
2662	2664		approximately 14 miles to a point on the Aransas River on the South
2663	2665		line of Refugio County for the Northeast corner of San Patricio
2664	2666		County and the West corner of Aransas County; thence along the
2665	2667		Aransas River and the common line between Refugio County and San
2666	2668		Patricio County in a west-northwesterly direction approximately 19
2667	2669		miles to a point on the Southeast line of Bee County for the
2668	2670		Southwest corner of Refugio County; thence along the common line
2669	2671		between Bee County and San Patricio County in a southwesterly
2670	2672		direction approximately 3 miles to a point for the Southeast corner
2671	2673		of Bee County; thence along the common line between Bee County and
2672	2674		San Patricio County in a west-northwesterly direction
2673	2675		approximately 16 miles to the common corner of Live Oak, Bee, and
2674	2676		San Patricio Counties; thence in a northwesterly direction with the
2675	2677		line between Live Oak and Bee Counties approximately 14 miles;
2676	2678		thence N. approximately 25 miles to the most northern corner of Bee
2677	2679		County; thence N. 40° W. at approximately 19 1/2 miles the
2678	2680		Karnes-Wilson Counties line, at about 31 miles a point in the S.W.
2679	2681		line of Bexar County; thence approximately North 77 1/2° W.
2680	2682		approximately 28 miles, to the S.W. corner of Bexar County; thence
2681	2683		N.W. along the northwest extension of the common boundary between
2682	2684		Bexar and Atascosa Counties 3 1/2 miles to a point; thence N. 30° W.
2683	2685		approximately 28 miles to a point in the North line of Medina
2684	2686		County; then North 64° W. approximately 34 miles to a point in the
2685	2687		west line of Bandera County; thence North approximately 3 miles to
2686	2688		the northwest corner of Bandera County; thence West with the line of
2687	2689		Real and Kerr Counties approximately 5 miles to S.W. corner of Kerr
2688	2690		County; thence North with the line between Kerr and Real Counties
2689	2691		approximately 13 miles to the N.E. corner of Real County; thence
2690	2692		West, North and West, with the north line of Real County,
2691	2693		approximately 18 miles to the Northwest corner of Real County;
2692	2694		thence South 75° west approximately 15 miles to the Court House in
2693	2695		Rock Springs in Edwards County; thence N. 68° W. approximately 15
2694	2696		miles to a point; thence S. 34° W. approximately 19 miles to a point;
2695	2697		thence S. 35° E. at 21 miles pass a point in the South line of
2696	2698		Edwards County, 34 miles to a point; thence S. 23 1/2° W.
2697	2699		approximately 14 miles to a point; thence S. approximately 8 miles
2698	2700		to Spofford Junction; thence South with the Eagle Pass branch of G.
2699	2701		H. & S. A. R. R. at 15 miles a point; thence South 12 miles to a
2700	2702		point; thence S. 41 1/2° E. 42 miles to the village of Dentonia in
2701	2703		Dimmit County; thence S. 27 1/2 d. E. approximately 10 miles to the
2702	2704		Dimmit and Webb Counties line; thence E. with said Dimmit-Webb
2703	2705		County line approximately 25 miles to the west line of La Salle
2704	2706		County; thence South with west line of La Salle County
2705	2707		approximately 5 miles to the S.W. corner of La Salle County, a
2706	2708		common corner with Webb County; thence E. with the Webb-La Salle
2707	2709		County line approximately 30 miles to the N.E. corner of Webb
2708	2710		County, the common corner of Webb, La Salle, McMullen and Duval
2709	2711		Counties; thence S. with the Webb-Duval County line approximately
2710	2712		27 miles to a point in the E. line of Webb County; thence N. 35 d. E.
2711	2713		33 miles to a point on the 28 d. North Parallel; thence East along
2712	2714		the 28 degrees North Parallel approximately 17 miles to a point on
2713	2715		the East line of Duval County and the West line of Jim Wells County
2714	2716		for an interior corner; thence along the common line between Duval
2715	2717		County and Jim Wells County, South approximately 55 miles to a point
2716	2718		on the North line of Brooks County for the Southwest corner of Jim
2717	2719		Wells County and the Southeast corner of Duval County; thence along
2718	2720		the common line between Jim Wells County and Brooks County, East
2719	2721		approximately 11 miles to a point for the northernmost Southwest
2720	2722		corner of Kleberg County and the southernmost Southeast corner of
2721	2723		Jim Wells County; thence along the common line between Jim Wells
2722	2724		County and Kleberg County, North approximately 25.5 miles to the
2723	2725		Northwest corner of Kleberg County and an interior corner of Jim
2724	2726		Wells County; thence along the common line between Jim Wells County
2725	2727		and Kleberg County, East approximately 7.25 miles to a point in the
2726	2728		center of San Fernando Creek for the northernmost Southeast corner
2727	2729		of Jim Wells County and the northernmost Southwest corner of Nueces
2728	2730		County; thence along the centerline of San Fernando Creek and along
2729	2731		the common line between Kleberg County and Nueces County in a
2730	2732		southeasterly direction approximately 9 miles to a point for the
2731	2733		southernmost Southwest corner of Nueces County; thence along the
2732	2734		common line between Kleberg County and Nueces County, East
2733	2735		approximately 32 miles to a point on the shoreline of Laguna Madre
2734	2736		for an angle point; thence along the common line between Kleberg
2735	2737		County and Nueces County in an east-northeasterly direction across
2736	2738		Laguna Madre approximately 5.25 miles to a point on the Northwest
2737	2739		line of Padre Island for an angle point; thence along the common
2738	2740		line between Kleberg County and Nueces County in a southeasterly
2739	2741		direction to a point on the boundary of the State of Texas in the
2740	2742		Gulf of Mexico off North Padre Island at the Northeast corner of
2741	2743		Kleberg County and the Southeast corner of Nueces County; thence
2742	2744		along the boundary of the State of Texas in the Gulf of Mexico and
2743	2745		along the Southeast line of Nueces County in a northeasterly
2744	2746		direction to the point of beginning; being all of Live Oak County,
2745	2747		1116 square miles, McMullen County 1302 square miles, La Salle
2746	2748		County 1561 square miles, Frio County 1124 square miles, Zavala
2747	2749		County 1348 square miles, Atascosa County, 1358 square miles, Real
2748	2750		County 619 square miles, Uvalde County 1589 square miles, San
2749	2751		Patricio County 680 square miles, Nueces County 838 square miles,
2750	2752		and Jim Wells County 846 square miles, and parts of the following
2751	2753		Counties with the number of square miles included in the authority:
2752	2754		Duval378 square miles.
2753	2755		Dimmit1200 square miles.
2754	2756		Maverick574 square miles.
2755	2757		Kinney602 square miles.
2756	2758		Medina1113 square miles.
2757	2759		Bandera224 square miles.
2758	2760		Edwards922 square miles.
2759	2761		Bexar84 square miles.
2760	2762		Wilson98 square miles.
2761	2763		Karnes85 square miles.
2762	2764		Bee135 square miles.
2763	2765		ARTICLE 3. REPEALERS
2764	2766		SECTION 3.01. DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO.
2765	2767		1 OF DENTON AND DALLAS COUNTIES, TEXAS. The following statutes are
2766	2768		repealed:
2767	2769		(1) Chapter 473, Acts of the 69th Legislature, Regular
2768	2770		Session, 1985; and
2769	2771		(2) Section 6, Chapter 962, Acts of the 80th
2770	2772		Legislature, Regular Session, 2007.
2771	2773		SECTION 3.02. SEBASTIAN MUNICIPAL UTILITY DISTRICT.
2772	2774		Chapter 516, Acts of the 75th Legislature, Regular Session, 1997,
2773	2775		is repealed.
2774	2776		SECTION 3.03. RED RIVER AUTHORITY OF TEXAS. The following
2775	2777		statutes are repealed:
2776	2778		(1) Chapter 279, Acts of the 56th Legislature, Regular
2777	2779		Session, 1959;
2778	2780		(2) Section 3, Chapter 504 Acts of the 57th
2779	2781		Legislature, Regular Session, 1961;
2780	2782		(3) Section 2, Chapter 570, Acts of the 60th
2781	2783		Legislature, Regular Session, 1967;
2782	2784		(4) Section 2, Chapter 217, Acts of the 64th
2783	2785		Legislature, Regular Session, 1975;
2784	2786		(5) Section 3, Chapter 529, Acts of the 65th
2785	2787		Legislature, Regular Session, 1977;
2786	2788		(6) Section 4, Chapter 86, Acts of the 67th
2787	2789		Legislature, Regular Session, 1981;
2788	2790		(7) Section 3, Chapter 870, Acts of the 67th
2789	2791		Legislature, Regular Session, 1981;
2790	2792		(8) Section 5, Chapter 696, Acts of the 68th
2791	2793		Legislature, Regular Session, 1983; and
2792	2794		(9) Sections 12 and 14, Chapter 23, Acts of the 86th
2793	2795		Legislature, Regular Session, 2019.
2794	2796		SECTION 3.04. NUECES RIVER AUTHORITY. The following
2795	2797		statutes are repealed:
2796	2798		(1) Sections 1.01, 1.02, 1.02A, 1.03, 2.01, 2.02(b)
2797	2799		and (c), 2.03, 2.03A, 2.04, 2.05, 2.06, 2.06A, 2.07, 2.08, 2.08A,
2798	2800		2.09, 2.10, 2.11, 2.12, 3.01, 3.02, 3.03, 3.04, 3.05, 3.06, 3.07,
2799	2801		3.08, 3.09, 3.10, 3.11, 3.12, 3.13, 3.14, 3.15, 3.16, 3.17, 3.18,
2800	2802		3.18A, 3.19, 3.20, 3.21, 3.22, 3.22A, 3.23, 3.24, 3.25, 3.26, 3.27,
2801	2803		3.28, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07, 4.08, 4.09, 5.01,
2802	2804		5.02, 5.04, 5.05, 5.06, 5.07, 5.08, 5.09, and 5.10, Chapter 427,
2803	2805		Acts of the 44th Legislature, 1st Called Session, 1935;
2804	2806		(2) Sections 2, 3, 4, 5, 6, and 7, Chapter 699, Acts of
2805	2807		the 64th Legislature, Regular Session, 1975;
2806	2808		(3) Section 3, Chapter 665, Acts of the 69th
2807	2809		Legislature, Regular Session, 1985; and
2808	2810		(4) Sections 16 and 18, Chapter 21, Acts of the 86th
2809	2811		Legislature, Regular Session, 2019.
2810	2812		SECTION 3.05. CALHOUN COUNTY WATER CONTROL AND IMPROVEMENT
2811	2813		DISTRICT NO. 1. The following statutes are repealed:
2812	2814		(1) Chapter 472, Acts of the 56th Legislature, Regular
2813	2815		Session, 1959; and
2814	2816		(2) Chapter 518, Acts of the 71st Legislature, Regular
2815	2817		Session, 1989.
2816	2818		ARTICLE 4. GENERAL MATTERS
2817	2819		SECTION 4.01. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE.
2818	2820		This Act is enacted under Section 43, Article III, Texas
2819	2821		Constitution. This Act is intended as a codification only, and no
2820	2822		substantive change in law is intended by this Act. This Act does
2821	2823		not increase or decrease the territory of any special district of
2822	2824		the state as those boundaries exist on the effective date of this
2823	2825		Act.
2824	2826		SECTION 4.02. PRESERVATION OF VALIDATION MADE BY PREVIOUS
2825	2827		LAW. (a) The repeal of a law, including a validating law, by this
2826	2828		Act does not remove, void, or otherwise affect in any manner a
2827	2829		validation under the repealed law. The validation is preserved and
2828	2830		continues to have the same effect that it would have if the law were
2829	2831		not repealed.
2830	2832		(b) Subsection (a) of this section does not diminish the
2831	2833		saving provisions prescribed by Section 311.031, Government Code.
2832	2834		SECTION 4.03. EFFECTIVE DATE. This Act takes effect April
2833	2835		1, 2023.
2834		-	______________________________ ______________________________
2835		-	President of the Senate Speaker of the House
2836		-	I certify that H.B. No. 3530 was passed by the House on April
2837		-	30, 2021, by the following vote: Yeas 139, Nays 2, 2 present, not
2838		-	voting.
2839		-	______________________________
2840		-	Chief Clerk of the House
2841		-	I certify that H.B. No. 3530 was passed by the Senate on May
2842		-	27, 2021, by the following vote: Yeas 31, Nays 0.
2843		-	______________________________
2844		-	Secretary of the Senate
2845		-	APPROVED: _____________________
2846		-	Date
2847		-	_____________________
2848		-	Governor