Texas 2023 - 88th Regular

Texas House Bill HB1535 Compare Versions

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1	1	H.B. No. 1535
2	2
3	3
4	4	AN ACT
5	5	relating to the San Antonio River Authority, following
6	6	recommendations of the Sunset Advisory Commission; altering the
7	7	terms of office of the members of the board of directors of the
8	8	authority.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1-a(a), Chapter 276, Acts of the 45th
11	11	Legislature, Regular Session, 1937, is amended to read as follows:
12	12	(a) The District is subject to review under Chapter 325,
13	13	Government Code (Texas Sunset Act), but may not be abolished under
14	14	that chapter. The review shall be conducted under Section 325.025,
15	15	Government Code, as if the District were a state agency scheduled to
16	16	be abolished September 1, 2035 [2023], and every 12th year after
17	17	that year.
18	18	SECTION 2. Section 3, Chapter 276, Acts of the 45th
19	19	Legislature, Regular Session, 1937, is amended to read as follows:
20	20	Sec. 3. POWERS OF THE DISTRICT. The District is hereby
21	21	invested with all of the powers of the State of Texas under Article
22	22	16, Section 59, of the Constitution of the State of Texas to
23	23	effectuate the construction, maintenance and operation of
24	24	navigable canals or waterways, to effectuate flood control, to
25	25	effectuate the conservation and use, for all beneficial purposes,
26	26	of ground, storm, flood and unappropriated flow waters in the
27	27	District, to effectuate irrigation, to effectuate soil
28	28	conservation, to effectuate sewage treatment, to effectuate
29	29	pollution prevention, to encourage and develop parks, recreational
30	30	facilities and to preserve fish, to effectuate forestation and
31	31	reforestation, and to do all things as are required therefor,
32	32	subject only to: (i) declarations of policy by the Legislature of
33	33	the State of Texas as to the use of water; (ii) continuing
34	34	supervision and control by the State Board of Water Engineers and
35	35	any board or agency which may thereafter succeed to its duties;
36	36	(iii) the provisions of Section 4, page 212, Acts of the
37	37	Thirty-fifth Legislature, 1917, as subsequently amended (codified
38	38	under Article 7471, Vernon's Civil Statutes of the State of Texas),
39	39	prescribing the priorities of uses for water; and (iv) the rights
40	40	heretofore or hereafter legally acquired in water by municipalities
41	41	and other users. Subject to the foregoing, it shall be the duty of
42	42	the District to exercise for the greatest practicable measure of
43	43	the conservation and beneficial utilization of all ground, storm,
44	44	flood and unappropriated flow waters of the District, in the manner
45	45	and for the particular purposes specified hereinafter in this
46	46	Section 3 and elsewhere in this Act the following powers, rights,
47	47	privileges and functions, to wit:
48	48	(a) Navigation:
49	49	(1) To promote, construct, maintain and operate, and/or to
50	50	make practicable, promote, aid and encourage, the construction,
51	51	maintenance and operation of navigable canals or waterways and all
52	52	navigational systems or facilities auxiliary thereto using the
53	53	natural bed and banks of the San Antonio River to its junction with
54	54	the Guadalupe River where practicable and thence traversing such
55	55	route as may be found by the District to be most feasible and
56	56	practicable to connect with the Intracoastal Canal and/or with any
57	57	new canal to be constructed and/or with any harbor at or near San
58	58	Antonio Bay or the Gulf of Mexico, and also using such new
59	59	correlated artificial waterways, together with all locks and other
60	60	works, structures and artificial facilities as may be necessary and
61	61	convenient for the construction, maintenance and operation of said
62	62	navigable canals or waterways and all navigational systems or
63	63	facilities auxiliary thereto. The District is empowered to
64	64	construct, or cause to be constructed, said system of artificial
65	65	waterways, canals, locks, works and other facilities so as to
66	66	connect the watershed area of the San Antonio River, including
67	67	navigation to or at a point near the City of San Antonio, with the
68	68	Intracoastal Canal and/or with any new canal to be constructed
69	69	and/or with any harbor at or near San Antonio Bay or the Gulf of
70	70	Mexico;
71	71	(2) To control, develop, store and use the natural flow and
72	72	floodwaters of the San Antonio River and its tributaries for the
73	73	purpose of operating and maintaining said navigable canals or
74	74	waterways and all navigational systems or facilities auxiliary
75	75	thereto, provided, however, that such navigational use shall be
76	76	subordinate to consumptive use of water, and navigation shall be
77	77	incidental thereto;
78	78	(3) In the case of the construction of said navigable canals
79	79	or waterways and all navigational systems or facilities auxiliary
80	80	thereto by the Federal Government or otherwise, the District shall
81	81	have the power to construct, maintain and operate lateral
82	82	connecting canals and turning basins to serve local needs, and
83	83	shall also have the power to provide, construct, acquire, purchase,
84	84	take over, lease from others, lease to others, and to maintain and
85	85	operate, develop, regulate and/or by franchise control wharves,
86	86	docks, warehouses, grain elevators, bunkering facilities, belt or
87	87	terminal railroads, floating plants, lighterage, towing
88	88	facilities, and all other facilities incident to or in aid of the
89	89	efficient operation and development of said canals or waterways and
90	90	all navigational systems or facilities auxiliary thereto, and any
91	91	ports incident thereto, whether the same be upon land or upon water;
92	92	(4) In the event the construction and/or maintenance and
93	93	operation of said navigable canals or waterways and all
94	94	navigational systems or facilities auxiliary thereto is taken over
95	95	by the Federal Government or any agency of the Federal Government,
96	96	then and in such event the District shall be fully authorized to
97	97	make and enter into any such contracts as may be lawfully required
98	98	by the Federal Government, including such assignments and transfers
99	99	of property and rights of property and easements and privileges and
100	100	any and all other lawful things and acts may be necessary and
101	101	required in order to meet the requirements of the Federal
102	102	Government or any agency of the Federal Government in taking over
103	103	the construction and/or maintenance and operation of said navigable
104	104	canals or waterways and all navigational systems or facilities
105	105	auxiliary thereto;
106	106	(5) The District may grant a franchise or right to any
107	107	person or body politic or corporate for the use of said navigable
108	108	canals or waterways and all navigational systems or facilities
109	109	auxiliary thereto or any facility thereof in aiding navigation and
110	110	no person or body politic or corporate may provide, maintain or
111	111	operate any facility of aid of navigation in any way connected with
112	112	said navigable canals or waterways and all navigational systems or
113	113	facilities auxiliary thereto and intended for use by the public
114	114	within the meaning and intent of this Act, except by and under the
115	115	franchise granted by this District, in the form of an ordinance as
116	116	provided by this Act, which franchise may be for any term not to
117	117	exceed fifty (50) years. Such ordinance granting franchise may
118	118	contain provisions for the payment of reasonable fees, and/or other
119	119	charges to be paid to the District, and shall contain provisions
120	120	adequate to regulate the fees, tolls, rates or exactions to be
121	121	demanded for the use of, or service to be rendered by any means or
122	122	facility to be provided or operated under any such franchise, to the
123	123	end that the same will be uniform, reasonable, and without
124	124	discrimination against any person, both as to charges and the
125	125	conditions of use or service, and such ordinance shall contain all
126	126	provisions reasonably required to procure service adequate to serve
127	127	the public necessity and convenience. The District may grant a
128	128	franchise for the design, construction, repair, enlargement,
129	129	alteration, maintenance, operation of, and service from, or use of
130	130	any facility to be provided for use in aid of navigation on said
131	131	navigable canals or water ways and all navigational systems or
132	132	facilities auxiliary thereto, whether upon land, or in or upon
133	133	water. The right hereby granted shall include the right to require
134	134	uniform and adequate analytic accounting systems and forms,
135	135	periodic verified reports based thereon, and the right of audit by
136	136	the District, and other reasonable regulations designed to protect
137	137	the public. In order to procure observance of the conditions of a
138	138	franchise granted hereunder, and/or compliance with the rules and
139	139	regulations established by ordinance of the District (to be adopted
140	140	and promulgated as elsewhere is provided in this Act) hereunder,
141	141	such ordinance may provide reasonable and commensurate penalties as
142	142	provided by Section 49.004, Water Code [fixed by General Law in
143	143	Texas, and not to exceed the limit for penalties as fixed elsewhere
144	144	in this Act]. The forfeiture or suspension of a franchise granted
145	145	under this Act, where not otherwise provided in any such franchise,
146	146	may be only because of discrimination in rendering service,
147	147	affording use, or in taking or demanding a toll, rate or charge.
148	148	Forfeiture or suspension of a franchise granted hereunder, unless
149	149	otherwise provided therein, shall be upon a decree of a District
150	150	Court within the County in which this District may maintain its
151	151	general office. The District may likewise by ordinance establish
152	152	rules necessary or designed to protect the physical property owned
153	153	by it, or physical property owned or operated by another under a
154	154	franchise hereunder granted, and/or to effect the safety or
155	155	efficient use of the same, and in such ordinance may provide
156	156	reasonable and commensurate penalties for the violation thereof, as
157	157	provided by Section 49.004, Water Code [which penalties shall be
158	158	cumulative of other penalties provided by the General Law of Texas,
159	159	and not to exceed the limit for penalties as fixed elsewhere in this
160	160	Act];
161	161	(b) Flood Control and Flood Plain Management. To prevent
162	162	and aid in the prevention of damage to persons and property by the
163	163	overflow of any and all rivers, streams or tributaries thereof
164	164	within the District including the study and designation of flood
165	165	plains and the regulation thereof;
166	166	(c) Water Conservation, Storage, Procurement, Distribution
167	167	and Supply:
168	168	(1) To store and conserve to the greatest beneficial use the
169	169	storm, flood and unappropriated flow waters of any and all rivers,
170	170	streams or the tributaries thereof within the District, so as to
171	171	prevent the escape of any water without maximum beneficial use
172	172	either within or without the District;
173	173	(2) For the conservation of water for uses either within or
174	174	without the District, including providing water supply for cities
175	175	and towns, and the right to sell water and stand-by service to any
176	176	person, firm, or corporation, including cities and towns and other
177	177	public agencies within or without the District; provided that it is
178	178	the intent of this Act to establish a District that is concerned
179	179	primarily with the conservation, control, storage, distribution
180	180	and sale of water in bulk quantities in the public interest and only
181	181	incidentally with the retail sale of water insofar as it does not
182	182	compete with municipal water distributors and then only when
183	183	necessary or convenient as a service to the public;
184	184	(3) To acquire water appropriation permits either within or
185	185	without the District directly from the State Board of Water
186	186	Engineers or to purchase or otherwise acquire such permits or
187	187	certified filings either within or without the District from the
188	188	owners thereof;
189	189	(4) To purchase water, water supply facilities on
190	190	conservation storage capacity either within or without the District
191	191	from any person, firm, corporation, State agency or other public
192	192	agency, or from the United States or its agencies;
193	193	(5) To execute water supply contracts with users of water
194	194	within or without the District. Included in the services for which
195	195	the District may contract, and for which it may make charges, is
196	196	that of standby service as well as for the actual delivery of water;
197	197	(6) To provide water for the development of commercial and
198	198	industrial enterprises within or without the District;
199	199	(7) To bring water into the boundaries of the District;
200	200	(8) To construct, acquire, equip, to acquire storage rights
201	201	at, and operate and maintain dams and reservoirs, either within or
202	202	without the District, had in carrying out the powers conferred upon
203	203	the District, or to exercise such powers in conjunction with
204	204	others;
205	205	(9) To construct [contract], operate and maintain or
206	206	otherwise provide water supply lines, water purification and water
207	207	pumping systems and facilities either within or without the
208	208	District;
209	209	(10) Power to execute contracts with municipalities and
210	210	others involving the construction of reservoirs, dams, water supply
211	211	lines, water purification and pumping facilities, and the
212	212	furnishing of water supply service substantially in the manner
213	213	prescribed by Chapter 342, Acts of the Regular Session of the
214	214	Fifty-first Legislature, for Districts organized and created
215	215	pursuant to Article 16, Section 59, of the Constitution, extended
216	216	so as to permit such contracts with individuals, partnerships, and
217	217	all classes of corporations, and to permit the inclusion of
218	218	provisions for the operation, maintenance and ownership of such
219	219	properties, but the powers granted the District in this Subsection
220	220	are not to be considered a limitation on the powers, rights,
221	221	privileges and functions otherwise granted herein;
222	222	(11) To acquire from the United States Government, through
223	223	the Secretary of the Army or the Secretary of the Interior or any
224	224	other of its officials authorized to make such contracts, or from
225	225	the State of Texas or any agency thereof, or from any privately
226	226	financed reservoirs, unsold conservation storage capacity at any
227	227	dam within or without the District now constructed or to be
228	228	constructed either by or with the assistance of the United States
229	229	Government or the State of Texas, or by both. It may acquire
230	230	additional conservation storage capacity which may be provided at
231	231	any such dam;
232	232	(d) Irrigation: To provide water for irrigation of lands
233	233	within and without the District, and incident thereto, to
234	234	construct, operate and maintain supply lines and pumping systems
235	235	and facilities either within or without the District;
236	236	(e) Soil Conservation: For the conservation of soils and
237	237	other surface resources within the District against destructive
238	238	erosion, thereby preventing the increased flood menace incident
239	239	thereto, and for the prevention of sedimentation and siltation of
240	240	lands, channels and reservoirs, including the right either to act
241	241	as local sponsoring agent of upstream soil and water conservation
242	242	and flood prevention projects authorized by State or Federal
243	243	Agencies in conjunction with Soil Conservation Districts or to aid
244	244	and supplement the work of such upstream soil and water
245	245	conservation and flood prevention projects, all in furtherance of
246	246	the purposes of the District as provided by this Act ['Master Plan'
247	247	as defined in Section 4-a]. In connection therewith, the District
248	248	is authorized to make arrangements satisfactory to the Secretary of
249	249	Agriculture of the United States for defraying costs of operating
250	250	and maintaining such projects, in accordance with regulations
251	251	presented by the Secretary of Agriculture; provided, however, that
252	252	any portion of the total construction cost of any such project which
253	253	is allocable to flood control and/or soil conservation shall be
254	254	paid for or financed by funds which have their source in the county
255	255	in which each particular project is situated and which funds may be
256	256	of any kind or character, except taxes collected in accordance with
257	257	the provisions of Sections 15-a and 15-b of this Act;
258	258	(f) Sewage Treatment and Solid Waste Disposal. As a
259	259	necessary aid to the conservation, control, preservation,
260	260	purification and distribution of surface and ground waters within
261	261	the District, the District shall have the power to construct, own,
262	262	operate, maintain or otherwise provide, within the San Antonio
263	263	River Basin, sewage gathering, treatment and/or disposal services,
264	264	including solid waste disposal services, to charge for such
265	265	services, and to make contracts in reference thereto with counties,
266	266	municipalities and others. Provided, however, that the District
267	267	shall not exercise the powers hereinabove granted by this Section
268	268	3(f) within the boundaries of Kerr, Real, or Bandera Counties
269	269	unless the Commissioners Court of such county or counties shall
270	270	first have consented by a majority vote thereof to the exercise of
271	271	such power within such county or counties;
272	272	(g) Pollution Prevention. To provide for the study,
273	273	correcting and control of both artificial and natural pollution
274	274	including organic, inorganic and thermal, of all ground or surface
275	275	water within the San Antonio River Basin. In this connection, the
276	276	District is given the power by ordinance to promulgate rules and
277	277	regulations with regard to such pollution, both artificial and
278	278	natural, with the right of policing by said District to enforce such
279	279	rules and regulations and of providing reasonable and commensurate
280	280	penalties for the violation of any rules and regulations, as
281	281	provided by Section 49.004, Water Code [which penalties shall be
282	282	cumulative of any penalties fixed by General Law in Texas, and not
283	283	to exceed the limit for penalties as fixed elsewhere in this Act].
284	284	Provided, however, that no ordinance enacted pursuant to the powers
285	285	hereinabove given the District by this Section 3(g) shall be
286	286	promulgated in any county or counties outside the existing
287	287	boundaries of the District;
288	288	(h) Parks, Recreational Facilities and Preservation of
289	289	Fish: For the encouragement and development of parks, recreational
290	290	facilities and the preservation of fish, the District shall have
291	291	the power to acquire additional land adjoining any permanent work
292	292	of improvement constructed within the District for the purpose of
293	293	developing parks, or recreational facilities. The District may
294	294	negotiate contracts with any county, municipality, municipal
295	295	corporation, person, firm, corporation, non-profit organization,
296	296	or State or Federal agency for the operation and/or maintenance of
297	297	any such park, or recreational facility. The preservation of fish
298	298	shall be in accordance with rules and regulations, if any,
299	299	prescribed by the Game and Fish Commission of the State of Texas;
300	300	(i) Forestation and Reforestation: To forest and reforest
301	301	and to aid in foresting and reforesting of all areas within the
302	302	District;
303	303	(j) Contractual: To make contracts and to execute
304	304	instruments necessary or convenient to the exercise of the powers,
305	305	rights, privileges and functions conferred upon it by this Act,
306	306	with the United States, its agencies, counties, cities, all
307	307	municipal corporations, political subdivisions and districts, and
308	308	with private persons, partnerships, associations, nonprofit
309	309	organizations, and corporations. The District shall make and
310	310	execute such contracts and instruments in accordance with the
311	311	following procedures:
312	312	(1) Concerning any wholesale contract for the sale,
313	313	purchase, procurement, distribution and/or supply of water or
314	314	conservation storage capacity, or for the construction of a
315	315	navigable canal or waterway, or any contract authorized by Section
316	316	1, Chapter 84, page 140, Acts of the 52nd Legislature, 1951, as
317	317	subsequently amended (codified under Article 7048b, Vernon's Civil
318	318	Statutes of Texas), the Manager shall cause a notice describing the
319	319	general nature of such contract to be published once each week for
320	320	two (2) [three (3)] consecutive weeks in a newspaper of general
321	321	circulation in each county in the District within which such
322	322	contract is to have effect. Such contract may be considered and
323	323	acted upon at the regular meeting of the Board next following the
324	324	last date of publication or, without further notice, at any meeting
325	325	thereafter. The affirmative vote of a majority of the membership
326	326	[at least seven (7) members] of the Board shall be required for the
327	327	approval of confirmation or ratification of any such contract. [Of
328	328	those seven (7) affirmative votes, at least three (3) affirmative
329	329	votes shall be cast by Board members from Bexar County, at least one
330	330	(1) affirmative vote shall be cast by a Board member from Wilson
331	331	County, at least one (1) affirmative vote shall be cast by a Board
332	332	member from Karnes County, and at least one (1) affirmative vote
333	333	shall be cast by a Board member from Goliad County.] The District
334	334	may use any such contract as the sole basis, or as a supplement to
335	335	the basis, for securing its bonds;
336	336	(2) Concerning any construction, maintenance, operation or
337	337	repair contract, contract for the purchase of material, equipment
338	338	or supplies or any contract for services, not including any
339	339	purchase, procurement, or contract described by Section 49.278,
340	340	Water Code [other than professional services], if the contract will
341	341	require an estimated expenditure of more than the maximum amount
342	342	for which competitive bidding is required by Chapter 49, Water Code
343	343	[statute for any political subdivision of the state or if the
344	344	contract is for a term of two (2) years or more], the Board[, upon
345	345	the affirmative vote of a majority of a quorum present at any
346	346	regular or special meeting,] shall award such contract to the
347	347	lowest and best bidder after publication of a notice to bidders once
348	348	each week for two (2) [three (3)] consecutive weeks. The Board by
349	349	bylaw shall promulgate the procedures for the publication of notice
350	350	to bidders and related procedures and may, within the limitations
351	351	set forth in this section, from time to time prescribe the amount of
352	352	estimated expenditures to be subjected to competitive bidding. In
353	353	the event of an emergency, the authority may let such contracts as
354	354	are necessary to protect and preserve the public health and welfare
355	355	or the properties of the authority, without such bidding
356	356	procedures. Members of the Board of Directors shall be ineligible
357	357	to submit such bids. Any provision of this Subsection to the
358	358	contrary notwithstanding, the District may purchase surplus
359	359	property from the United States by negotiated contract and without
360	360	the necessity of advertising for bids. Notwithstanding any other
361	361	provision of this Act, the District may use any procurement method
362	362	under Chapter 49, Water Code, or other applicable general law.
363	363	(k) General:
364	364	(1) This District hereby is vested with such title and right
365	365	of control as the State has, or may have, in, to and concerning the
366	366	natural bed and banks of the San Antonio River in its entire length,
367	367	and all of its tributaries as are within the District, as said
368	368	District is defined in Section 2-a of this Act, and the District
369	369	hereby is further vested with such title and right of control as the
370	370	State has, or may have, in, to and concerning the natural bed and
371	371	banks of any other navigable stream or tributary thereof as may be
372	372	situated within the District, as said District is defined in
373	373	Section 2-a of this Act; which investment, however, shall be in
374	374	trust, and to authorize said District to make such uses, and/or
375	375	disposition of such lands and rights (and the proceeds, income,
376	376	revenues, or trading values thereof) as in actual experience may
377	377	prove to be reasonably required for, or in aid of, the
378	378	accomplishment of the purposes of this Act;
379	379	(2) To make preliminary investigations and surveys in the
380	380	manner and for the purposes specified in Chapters 49 and 51, Water
381	381	Code, and any other applicable general law [said Chapter 25]
382	382	(either independently at its own cost, or jointly with others, or to
383	383	contribute to the cost thereof when done by another), whereby to
384	384	procure cooperation by the Government of the United States of
385	385	America, to the end that any project lawfully within the purposes of
386	386	this Act may be approved for construction as a Federal project under
387	387	such contractual terms and conditions as may be demanded by the
388	388	Federal Congress;
389	389	(3) To expend all sums reasonably deemed to be necessary or
390	390	expedient for seeking cooperation in accomplishing the objects of
391	391	this Act from the Federal Government, and/or any and all other
392	392	persons, creatures, or entities, whether natural, or creatures of
393	393	law or contract;
394	394	(4) Subject to the provisions of this Act from time to time
395	395	to sell or otherwise dispose of any property of any kind, real,
396	396	personal, or mixed, or any interest therein, which shall not be
397	397	necessary to the carrying on of the business of the District;
398	398	(5) To overflow and inundate any public lands and public
399	399	property and to require the relocation of roads and highways in
400	400	manner and to the extent permitted to districts organized under
401	401	General Laws pursuant to Section 59 of Article 16 of the
402	402	Constitution of the State of Texas. In the event that the District,
403	403	in the exercise of the power of eminent domain or power of
404	404	relocation, or any other power granted hereunder, makes necessary
405	405	the relocation, raising, rerouting or changing the grade of, or
406	406	altering the construction of any railroad, or street railway, all
407	407	such necessary relocation, raising, rerouting, changing of grade or
408	408	alteration of construction shall be accomplished at the sole
409	409	expense of the District;
410	410	(6) To construct, extend, improve, maintain and
411	411	reconstruct, to cause to be constructed, extended, improved,
412	412	maintained, and reconstructed, and to use and operate, any and all
413	413	facilities of any kind necessary or convenient to the exercise of
414	414	such powers, rights, privileges, and functions;
415	415	(7) To sue and to be sued in its corporate name;
416	416	(8) To adopt, use, and alter a corporate seal;
417	417	(9) To adopt and to amend its bylaws for the management of
418	418	its affairs;
419	419	(10) To appoint officers, agents, employees and
420	420	professional consultants, none of whom shall have any interest,
421	421	direct or indirect, in any contracts awarded by the District;
422	422	(11) To prescribe the duties and fix the compensation of all
423	423	officers, agents, employees and professional consultants;
424	424	(12) To acquire by purchase, lease, gift, or in any other
425	425	lawful manner and to maintain, use, and operate any and all property
426	426	of any kind, real, personal or mixed, or any interest therein,
427	427	within and without the boundaries of the District, necessary or
428	428	convenient to the exercise of the powers, rights, privileges and
429	429	functions conferred upon it by this Act, in the manner provided by
430	430	general law with respect to condemnation or, at the option of the
431	431	District, in the manner provided by the statutes relative to
432	432	condemnation by Districts organized under general law pursuant to
433	433	Section 59 of Article 16 of the Constitution of the State of Texas;
434	434	(13) [To condemn lands used or dedicated for cemetery
435	435	purposes in the manner provided by the General Law of Texas where
436	436	reasonably necessary to effectuate the powers, rights, privileges
437	437	and functions of the District, provided, however, that, when such
438	438	power of condemnation is sought to be exercised with respect to any
439	439	Perpetual Care cemetery, as defined in Article 912a, Vernon's Civil
440	440	Statutes of the State of Texas, as to the condemnation of any such
441	441	Perpetual Care cemetery or portion thereof, jurisdiction is hereby
442	442	conferred for such purpose on the District Court or Courts of the
443	443	county in which such cemetery land or any part thereof may be
444	444	located, and such condemnation action shall likewise involve the
445	445	issue of the removal of the dedication thereof as such Perpetual
446	446	Care cemetery and the issue of the necessity for such taking;
447	447	[(14)] To borrow money for its corporate purposes and to
448	448	execute proper notes or other evidences of indebtedness, and
449	449	without limitation of the generality of the foregoing, to borrow
450	450	money and accept grants from the United States of America, and in
451	451	connection with any such loan or grant, to enter into such
452	452	agreements as the United States of America or such corporation or
453	453	agency may require; and to make and issue its negotiable bonds for
454	454	moneys borrowed in the manner and to the extent provided in Section
455	455	16. Nothing in this Act shall authorize the issuance of any bonds,
456	456	notes, or other evidences of indebtedness of the District, except
457	457	as specifically provided in this Act, and no issuance of bonds,
458	458	notes, or other evidences of indebtedness, except as specifically
459	459	provided in this Act, shall ever be authorized except by an Act of
460	460	the Legislature;
461	461	(14) [(15)] To obtain loans from and accept grants from the
462	462	United States and its agencies, and from the State of Texas, and its
463	463	agencies, and it shall have the right to participate in and be the
464	464	beneficiary of any plan which may be evolved by the State or Federal
465	465	Government for guaranteeing or otherwise subsidizing the
466	466	obligations of the District;
467	467	(15) [(16)] The District shall have the power to adopt and
468	468	promulgate by ordinance all reasonable rules and regulations for
469	469	purposes elsewhere provided in this Act and generally to secure and
470	470	protect any and all of its property and any and all of its works of
471	471	improvement, and to regulate residence, hunting, fishing, boating
472	472	and camping, and all recreational and business privileges on any
473	473	navigable river of the District, or any reservoir of the District,
474	474	or upon any land owned by the District. The District may prescribe
475	475	reasonable and commensurate penalties for the violation of any and
476	476	all such rules and regulations of the District, as provided by
477	477	Section 49.004, Water Code [which penalties shall be cumulative of
478	478	any penalties fixed by the General Law in Texas and shall not exceed
479	479	fines of more than Two Hundred Dollars ($200), or imprisonment for
480	480	not more than one hundred eighty (180) days, or may provide for both
481	481	such fine and imprisonment]. No rule or regulation which provides a
482	482	penalty for the violation thereof shall be in effect, as to
483	483	enforcement of the penalty, until five (5) days next after the
484	484	District may have caused a substantive statement of the particular
485	485	rule or regulation and the penalty for the violation thereof to be
486	486	published once a week for two (2) [three (3)] consecutive weeks in a
487	487	newspaper of general circulation in each county in which it is to be
488	488	effective. The substantive statement so to be published shall be as
489	489	condensed as is possible to afford an intelligent direction of the
490	490	mind to the act forbidden by the rule or regulation; one (1) notice
491	491	may embrace any number of regulations; there must be embraced in the
492	492	notice advice that breach of the particular regulation, or
493	493	regulations, will subject the violator to the infliction of a
494	494	penalty and there also shall be included in the notice advice that
495	495	the full text of the regulations sought to be enforced is on file in
496	496	the principal office of the District, where the same may be read by
497	497	any interested person. Five (5) days after the second [third]
498	498	publication of the notice hereby required, the advertised
499	499	regulation shall be in effect, and ignorance of any such regulation
500	500	shall not constitute a defense to a prosecution for the enforcement
501	501	of a penalty and, the rules and regulations authorized hereby,
502	502	after the required publication, shall judicially be known to the
503	503	courts [and shall be considered of a nature like unto that of valid
504	504	penal ordinance of a city of the State]. Section 49.004, Water
505	505	Code, governs costs incurred by the District before the court in any
506	506	suit by the District to enforce its rules or regulations [The
507	507	District shall be primarily liable for any court costs incurred
508	508	hereunder, and the cost to maintain any offender committed for
509	509	imprisonment hereunder. Any fine imposed in any such proceeding
510	510	and paid in money shall be payable to this District and applied as
511	511	its Board may direct];
512	512	(16) [(17)] To designate an official newspaper of the
513	513	District in each county in the District, each of which newspapers
514	514	shall be a newspaper having general circulation in the county in
515	515	which it is situated;
516	516	(17) [(18)] To acquire such rights-of-way as are necessary
517	517	to construct, operate and maintain such roads as are necessary for
518	518	ingress and egress to any work of improvement or to any park,
519	519	recreational facility, or fish or wildlife preserve or reserve;
520	520	(18) [(19)] To grant concessions and franchises upon the
521	521	premises of any works of improvement or any park, recreational
522	522	facility or fish or wildlife preserve or reserve to any person or
523	523	corporation;
524	524	(19) [(20)] When germane to the accomplishment and the
525	525	purposes of this Act, and not otherwise adequately provided by
526	526	Chapter 49 or 51, Water Code [Chapter 25], or provided elsewhere in
527	527	this Act, the Directors of the District shall have the power to
528	528	adopt and promulgate ordinances, which may be done by a majority of
529	529	the membership of the Board [(except as specifically provided
530	530	elsewhere in this Act) of those Directors present at any meeting
531	531	held in compliance with the provisions of the bylaws at which there
532	532	must be present a majority of the Board, constituting a quorum]. No
533	533	notice shall be required before the passage of such ordinance,
534	534	except such notices of special or regular meetings of the Board as
535	535	may be provided elsewhere in this Act. After having adopted such
536	536	ordinances, the Directors shall cause the same to be filed and
537	537	recorded in the official records of the Authority. The Directors
538	538	may, if they deem necessary and proper, in addition to filing and
539	539	recording same in the official records of the Authority, either
540	540	caused certified copies of same to be forthwith filed of record in
541	541	the office of the County Clerk of each county situated in whole or
542	542	in part within the District within which such ordinance is intended
543	543	to have application and/or to be published once or more each week
544	544	for two (2) [three (3)] or more consecutive weeks in a newspaper or
545	545	newspapers of general circulation in each county within the
546	546	District within which ordinance is intended to have application,
547	547	following either or all of which methods of recording and/or
548	548	publication the ordinance shall be in full force and effect; and
549	549	thereafter all courts and persons shall be held to have knowledge
550	550	thereof, just as though the same had been embraced in the body of
551	551	this Act and the County Clerk in any county is authorized and
552	552	directed to file and record all certified copies of such county and
553	553	to charge therefor the same fees as is provided for recording deeds
554	554	of conveyance. And the powers of said District to adopt ordinances
555	555	shall include, among other things as follows: in any case in which
556	556	Chapters 49 and 51, Water Code, do [said Chapter 25 does] not
557	557	provide a specific power or right germane to, or appropriate, or
558	558	adequate to accomplish an object of this Act, and such specific
559	559	power has been, or hereafter may, conferred by law on Counties,
560	560	Cities, Water Improvement Districts, Water Control and Improvement
561	561	Districts, Drainage Districts, Navigation Districts, Canal
562	562	Corporations, Channel and Dock Corporations, Deep Water
563	563	Corporations, Railway Corporations, Terminal Railway Corporations,
564	564	Telegraph and Telephone Corporations, or other like creatures of
565	565	the law, then to the extent [intent] required to make adequate
566	566	hereto the powers and rights of this District, it may by ordinance
567	567	adopt and have as part of the law of its being so much of the power
568	568	and right of any of the herein designated creatures of the law as
569	569	will enable it effectively to accomplish that purpose of this Act.
570	570	The adoption of a power or mode of procedure hereunder shall not be
571	571	held to include any incidental limitation which would impede the
572	572	lawful accomplishment of the purposes of this Act. As to this,
573	573	there shall be no limit hereof save such as would violate the
574	574	provisions of the Constitution of the United States and the State of
575	575	Texas concerning the rights of others;
576	576	(20) [(21)] This District shall have all such powers and
577	577	rights, and regulations for government and procedure, as are
578	578	contained in Chapters 49 and 51, Water Code, and any other
579	579	applicable general law [said Chapter 25], which shall be cumulative
580	580	of those provided by this Act, and those rules for procedure which
581	581	may be provided by ordinances adopted by the District under other
582	582	provisions of this Act.
583	583	SECTION 3. Chapter 276, Acts of the 45th Legislature,
584	584	Regular Session, 1937, is amended by adding Section 5 to read as
585	585	follows:
586	586	Sec. 5. PARTNERSHIP WITH NONPROFIT ORGANIZATION. (a) In
587	587	this section, "affiliated nonprofit organization" means a
588	588	nonprofit organization:
589	589	(1) created by the District; or
590	590	(2) for which the District, the Board, or the
591	591	District's employees have a right to appoint one or more of the
592	592	members of the governing body of the nonprofit organization.
593	593	(b) The District may contract or otherwise coordinate with a
594	594	nonprofit organization, including an affiliated nonprofit
595	595	organization, to accomplish the purposes of the District.
596	596	(c) Members of the Board may not constitute a majority of
597	597	the board of directors or other governing body of an affiliated
598	598	nonprofit organization. Employees of the District may not serve on
599	599	the board of directors or other governing body of an affiliated
600	600	nonprofit organization.
601	601	(d) The Board shall develop a policy regarding fund-raising
602	602	activities of any nonprofit organizations that enter into a
603	603	partnership with the District. The policy must:
604	604	(1) include acceptable and prohibited fund-raising
605	605	activities;
606	606	(2) specify how fund-raising is conducted and
607	607	supervised; and
608	608	(3) include criteria for seeking and selecting
609	609	corporate sponsors to ensure that sponsorships serve the public
610	610	interest and are consistent with the purposes of the District.
611	611	(e) A memorandum of understanding between the District and
612	612	an affiliated nonprofit organization entered into under this
613	613	section must include the policy developed by the Board under
614	614	Subsection (d) of this section.
615	615	SECTION 4. Section 9, Chapter 276, Acts of the 45th
616	616	Legislature, Regular Session, 1937, is amended to read as follows:
617	617	Sec. 9. GOVERNING BODY OF THE DISTRICT; QUALIFICATIONS OF
618	618	MEMBERS OF THE BOARD; VACANCIES; TERM OF OFFICE. The government and
619	619	control of the District shall be vested in a Board of Directors
620	620	consisting of 12 [twelve (12)] members, 6 [six (6)] of whom shall be
621	621	elected from Bexar County, 2 [two (2)] of whom shall be elected from
622	622	Wilson County, 2 [two (2)] of whom shall be elected from Karnes
623	623	County, and 2 [two (2)] of whom shall be elected from Goliad County.
624	624	Each director shall serve for a term of four [six (6)] years, and
625	625	shall hold office until the director's [his] successor has been
626	626	elected and has qualified by taking the oath of office. Before
627	627	entering upon the duties of the member's [his] office, each member
628	628	of the Board shall take the Constitutional Oath of Office and the
629	629	same shall be filed in written form with the Secretary of the Board.
630	630	Vacancies occurring on the Board from any county shall be filled by
631	631	appointment by the Governor of the State, with the advice and
632	632	consent of the Senate, for such unexpired term. Any person over the
633	633	age of 21 [twenty-one (21)] years, residing within the District and
634	634	within the county from which the person [he] is elected or
635	635	appointed, and possessing the qualifications of a juror shall be
636	636	eligible to be elected or appointed and to serve as a director.
637	637	SECTION 5. Section 10, Chapter 276, Acts of the 45th
638	638	Legislature, Regular Session, 1937, is amended to read as follows:
639	639	Sec. 10. ELECTION OF DIRECTORS. All elections within the
640	640	District shall be carried out in accordance with rules set forth in
641	641	the bylaws and the Election Code, and the results of all elections
642	642	shall be canvassed by the Board of Directors of the District at the
643	643	regular meeting next following each biennial election. All
644	644	elections shall be held on the uniform election date in November
645	645	[third Saturday in January] of each odd-numbered year and at the
646	646	polling places designated by the Board of Directors of the
647	647	District. The terms of office of Directors elected at each election
648	648	after the said first election shall commence on the first day of
649	649	January [February] following their election. In all elections the
650	650	following rules shall apply:
651	651	(a) Those persons seeking to have their names placed on the
652	652	official ballot shall make application to the Secretary of the
653	653	Board in accordance with rules prescribed by the Board either in the
654	654	ordinance calling the election or in the bylaws.
655	655	(b) The Secretary of the Board shall make up the official
656	656	ballot for each county from the names of candidates who have filed
657	657	applications, and the placing of the names of the candidates on the
658	658	ballots shall be determined by lot. The drawing of lots for the
659	659	placing of the names of the candidates on the ballots shall be by
660	660	the Secretary of the Board, and all candidates, or their designated
661	661	representatives, may be present at such drawing.
662	662	(c) The Directors from Wilson, Karnes, and Goliad Counties
663	663	shall be elected at large from each county. Four (4) Directors from
664	664	Bexar County shall be elected from single-member districts and two
665	665	(2) Directors shall be elected at large. The four (4) single-member
666	666	districts shall be coterminous with and bear the same number as the
667	667	Bexar County Commissioners Precincts. A candidate for a
668	668	single-member district position must live in the district the
669	669	candidate seeks to represent.
670	670	(d) The candidates receiving the greatest number of votes,
671	671	that is a plurality, shall be declared elected. Should there be a
672	672	tie in the votes received, the winner of the election shall be
673	673	determined by the majority of the Board. The two (2) at-large
674	674	Directors of Bexar County shall be elected simultaneously by
675	675	plurality, and the two (2) candidates receiving the greatest number
676	676	of votes shall be declared elected.
677	677	(e) Directors of the District serving from single-member
678	678	districts at the time new single-member districts are adopted shall
679	679	serve for the remainder of the terms to which they were elected
680	680	regardless of the redistricting.
681	681	SECTION 6. Section 13, Chapter 276, Acts of the 45th
682	682	Legislature, Regular Session, 1937, is amended to read as follows:
683	683	Sec. 13. ORGANIZATION AND MEETINGS OF THE BOARD; OFFICERS;
684	684	QUORUM. There [At the first regular meeting of the Board held in
685	685	the month of February of each odd-numbered year, there] shall be
686	686	appointed by a majority vote of the Board of Directors from its
687	687	membership a Chairman, a Vice-Chairman, a Secretary and a
688	688	Treasurer, and any other officers or assistant officers the Board
689	689	considers necessary. Assistant officers[, if deemed proper, an
690	690	Assistant Secretary and an Assistant Treasurer, who] need not be
691	691	members of the Board of Directors and [who] may be granted limited
692	692	powers in the bylaws. The officers so appointed shall serve for a
693	693	term of two (2) years and until their successors have been
694	694	appointed, except that assistant officers [the Assistant Secretary
695	695	and the Assistant Treasurer], if such officers are appointed, shall
696	696	hold office at the pleasure of the Board. A quorum at all meetings
697	697	of the Board of Directors shall consist of not less than seven (7)
698	698	members. [A quorum at all meetings of the Executive Committee shall
699	699	consist of not less than three (3) members.] Regular and special
700	700	meetings of the Board of Directors shall be held as provided by
701	701	general law and the bylaws, and notice of such meetings shall be
702	702	given as required by general law and the bylaws. [The Board shall
703	703	meet periodically with the Texas Water Commission.] All meetings
704	704	of the Board shall be open to the public.
705	705	SECTION 7. Chapter 276, Acts of the 45th Legislature,
706	706	Regular Session, 1937, is amended by adding Sections 13-a, 13-b,
707	707	13-c, and 13-d to read as follows:
708	708	Sec. 13-a. TRAINING FOR BOARD MEMBERS. (a) A person who is
709	709	elected or appointed to and qualifies for office as a member of the
710	710	Board may not vote, deliberate, or be counted as a member in
711	711	attendance at a meeting of the Board until the person completes a
712	712	training program that complies with this section.
713	713	(b) The training program must provide the person with
714	714	information regarding:
715	715	(1) the law governing the District's operations;
716	716	(2) the programs, functions, rules, and budget of the
717	717	District;
718	718	(3) the scope of and limitations on the rulemaking
719	719	authority of the Board;
720	720	(4) the results of the most recent formal audit of the
721	721	District;
722	722	(5) the requirements of:
723	723	(A) laws relating to open meetings, public
724	724	information, administrative procedure, and disclosing conflicts of
725	725	interest; and
726	726	(B) other laws applicable to members of the
727	727	governing body of a river authority in performing their duties; and
728	728	(6) any applicable ethics policies adopted by the
729	729	District or the Texas Ethics Commission.
730	730	(c) A person elected or appointed to the Board is entitled
731	731	to reimbursement for the travel expenses incurred in attending the
732	732	training program regardless of whether the attendance at the
733	733	program occurs before or after the person qualifies for office.
734	734	(d) The Manager of the District shall create a training
735	735	manual that includes the information required by Subsection (b) of
736	736	this section. The Manager of the District shall distribute a copy
737	737	of the training manual annually to each member of the Board. Each
738	738	member of the Board shall sign and submit to the Manager of the
739	739	District a statement acknowledging that the member received and
740	740	reviewed the training manual.
741	741	Sec. 13-b. POLICIES TO SEPARATE POLICY-MAKING AND STAFF
742	742	FUNCTIONS. The Board shall develop and implement policies that
743	743	clearly separate the policy-making responsibilities of the Board
744	744	and the management responsibilities of the Manager and the staff of
745	745	the District.
746	746	Sec. 13-c. PUBLIC TESTIMONY AT BOARD MEETINGS. The Board
747	747	shall develop and implement policies that provide the public with a
748	748	reasonable opportunity to appear before the Board and to speak on
749	749	any issue under the jurisdiction of the District.
750	750	Sec. 13-d. COMPLAINT INFORMATION REQUIREMENTS. (a) The
751	751	District shall maintain a system to promptly and efficiently act on
752	752	complaints filed with the District. The District shall maintain
753	753	information about parties to the complaint, the subject matter of
754	754	the complaint, a summary of the results of the review or
755	755	investigation of the complaint, and its disposition.
756	756	(b) The District shall make information available
757	757	describing its procedures for complaint investigation and
758	758	resolution.
759	759	(c) The District shall periodically notify the complaint
760	760	parties of the status of the complaint until final disposition
761	761	unless the notice would jeopardize an investigation.
762	762	SECTION 8. Section 14, Chapter 276, Acts of the 45th
763	763	Legislature, Regular Session, 1937, is amended to read as follows:
764	764	Sec. 14. POWERS OF THE BOARD AND EXECUTIVE COMMITTEE; BONDS
765	765	REQUIRED. The Board of Directors shall be responsible for the
766	766	management and control of all affairs of the District. In
767	767	connection therewith, the Board of Directors shall have the power:
768	768	(a) To exercise all the powers, rights, privileges and
769	769	functions conferred by law upon the District;
770	770	(b) To adopt all such bylaws as are not inconsistent with
771	771	the law[. The bylaws may provide for the designation by the Board
772	772	of an Executive Committee of five (5) members upon whom the
773	773	District's Manager may call for policy decisions and advice
774	774	concerning matters which arise between meetings of the Board and
775	775	which may authorize, on behalf of the District, the execution of any
776	776	contract involving the expenditure of an amount no greater than
777	777	Twenty Thousand Dollars ($20,000)];
778	778	(c) To appoint and fix the salary of a Manager, who shall be
779	779	the chief executive officer of the District. The Manager shall
780	780	employ and supervise, subject to policies promulgated by the Board,
781	781	all employees, agents, accountants, attorneys, engineers and
782	782	others rendering professional services necessary and required to
783	783	accomplish the purposes of this Act. The Manager may execute, on
784	784	behalf of the District, without specific authorization of the
785	785	Board, any contract not subject to competitive bidding. The
786	786	Manager may execute on behalf of the District and with specific
787	787	authorization of the Board, any other contract.
788	788	Except as specifically provided elsewhere in this Act, all
789	789	the powers, rights, privileges and functions of the District may be
790	790	exercised by a majority of the membership of the Board [those
791	791	Directors present at any meeting of the Board (or of the Executive
792	792	Committee if the sum involved is no greater than Twenty Thousand
793	793	Dollars ($20,000) held in compliance with the provisions of the
794	794	bylaws at which meeting there must be present a majority of the
795	795	Board (or of the Executive Committee), constituting a quorum].
796	796	Said Board of Directors shall have all such additional powers
797	797	as may be conferred on this District by the other provisions of this
798	798	Act, Chapters 49 and 51, Water Code, and any other general law
799	799	applicable to river authorities or water control and improvement
800	800	districts [and said Chapter 25], and of said Article 16, Section 59,
801	801	of the Constitution of the State of Texas; provided, however, that
802	802	members of the Board shall be ineligible to engage in any
803	803	transaction for gain or profit with the District.
804	804	The Directors and all officers of the District who are not
805	805	Directors shall, within fifteen (15) days after their election or
806	806	appointment, file a good and sufficient bond with the Secretary of
807	807	the Board; the official bond of each Director and Officer shall be
808	808	in the sum of Five Thousand Dollars ($5,000), shall be payable to
809	809	the District, shall be conditioned upon the faithful performance of
810	810	their duties as such Directors or Officers, and shall be subject to
811	811	approval by the Secretary of the Board.
812	812	SECTION 9. Chapter 276, Acts of the 45th Legislature,
813	813	Regular Session, 1937, is amended by adding Section 14-b to read as
814	814	follows:
815	815	Sec. 14-b. FISCAL YEAR. The District's fiscal year ends on
816	816	September 30 of each year.
817	817	SECTION 10. Section 15-a, Chapter 276, Acts of the 45th
818	818	Legislature, Regular Session, 1937, is amended to read as follows:
819	819	Sec. 15-a. TAXATION. Subject to the limitation as to the
820	820	maximum rate of tax as prescribed in this Section, the District may
821	821	levy and collect throughout the territory of the District such ad
822	822	valorem taxes as are voted at an election or elections called by the
823	823	Board for that purpose and conducted throughout the territory of
824	824	the District. The maximum rate of tax which can be levied and
825	825	collected for any year shall be two cents (2¢) on the One Hundred
826	826	Dollars ($100) of taxable property based on its assessed valuation,
827	827	in accordance with the following conditions and procedures:
828	828	(a) The Board of Directors of the District may, by
829	829	ordinance, call an election to submit to the voters for approval
830	830	such taxation; provided that a public hearing to discuss the
831	831	proposed tax issue shall be held in each county in the District,
832	832	said public hearing to be held not less than ten (10) days nor more
833	833	than twenty-five (25) days prior to the scheduled date of any such
834	834	election, and said hearings shall be called by the Board of
835	835	Directors of the District and notice of the time, day, date, place
836	836	and purpose of said meeting shall be given by publishing said notice
837	837	in at least one (1) newspaper of general circulation in each county
838	838	where the meeting is to be held at least ten (10) days prior to such
839	839	hearing;
840	840	(b) [Only qualified electors, owning taxable property
841	841	within the boundaries of the District and who have duly rendered
842	842	their property for taxation shall be entitled to vote in any such
843	843	election. An elector otherwise qualified must vote in the county of
844	844	his residence and at the polling place designated for the precinct
845	845	of his residence.] The order [ordinance] calling the election
846	846	shall specify the polling place or places in each of the several
847	847	counties. The notice of election will be sufficient as to any
848	848	county within the District if it states that the election is to be
849	849	held throughout the territory comprising the District and if it
850	850	specifies the polling place or places in such county. But it shall
851	851	not be necessary to publish such details except in the county in
852	852	which they are applicable;
853	853	(c) Returns of the election shall be made to the Board, and
854	854	the Board shall canvass the returns of the election and adopt an
855	855	ordinance declaring the results thereof. The Board may levy taxes
856	856	within the maximum rate thus voted if a majority of the votes cast
857	857	throughout the District are in favor of the levy of the tax and if a
858	858	majority of the votes cast in any three (3) counties in the District
859	859	are in favor of the levy of the tax;
860	860	(d) The rate of tax shall be uniform throughout the
861	861	territory comprising the District, and shall be certified by the
862	862	Chairman and the Secretary of the Board of Directors of the District
863	863	to the Tax Assessor and the Tax Collector of each included county;
864	864	(e) After an election has resulted favorably to the levy of
865	865	a tax, the Board of Directors may borrow money payable therefrom and
866	866	may evidence such loan by a negotiable note given in the name of the
867	867	District;
868	868	(f) Any taxes thus collected shall be used for the purpose
869	869	of general administration[, preparation of the Master Plan provided
870	870	for in Section 4-a,] and for [other] planning and other services
871	871	with respect to any of the purposes, rights, privileges and
872	872	functions of the District; provided, however, that none of the
873	873	taxes thus collected shall be used to pay for or finance the
874	874	construction of any dams, reservoirs, levees, channels, pipelines
875	875	or other major physical works of the District, or pay for the cost
876	876	of any right-of-way acquisitions, or the expenses of right-of-way
877	877	acquisition, or damages awarded by any Court under Article 1,
878	878	Section 17, of the Constitution of the State of Texas. It is the
879	879	intent of this Act that any taxes thus collected will enable the
880	880	District to accomplish its purposes, including [develop a Master
881	881	Plan for] the maximum development of the soil and water resources of
882	882	the District, it [is] being hereby found and determined that the
883	883	benefits to be realized from such maximum development can be
884	884	obtained only through area-wide participation and planning. It is
885	885	the intent of this Act that the construction of any dams,
886	886	reservoirs, levees, channels, pipelines or other major physical
887	887	works of the District shall be paid for or financed by revenue bonds
888	888	of the District to be redeemed either by the sale of services or by
889	889	taxes to be levied by a county or municipality and paid over to the
890	890	District as an independent contractor of said county or
891	891	municipality. It is likewise the intent of this Act that any taxes
892	892	thus collected may be used to pay for the operation, repair and/or
893	893	maintenance of any flood control, soil conservation, watershed
894	894	protection and/or erosion structures or works of improvement
895	895	constructed in cooperation with the Federal Government; provided,
896	896	however, that any such operation, repair and/or maintenance costs
897	897	shall be paid for out of taxes thus collected in the county in which
898	898	the particular structure or work of improvement is situated. It is
899	899	further the intent of this Act that the taxes authorized by this
900	900	Section 15-a thus collected shall not be pledged to the redemption
901	901	of any bonds of the District.
902	902	SECTION 11. Section 18(b), Chapter 276, Acts of the 45th
903	903	Legislature, Regular Session, 1937, is amended to read as follows:
904	904	(b) Disposition of Property. Nothing in this Act shall be
905	905	construed as authorizing the District, or any receiver of its
906	906	properties, or any court, to sell, lease or otherwise dispose of any
907	907	of its property of any kind, real, personal or mixed, or any
908	908	interest therein, unless such sale, lease or other disposition has
909	909	been generally authorized by this Act or a general law applicable to
910	910	the District; provided, however, that the District may sell or
911	911	otherwise dispose of any property of any kind or any interest in
912	912	property that is not necessary to carry on the business of the
913	913	Authority provided that the Board, by a majority vote of a quorum
914	914	present at any regular or special meeting, determines that the
915	915	property is not convenient to the business of the Authority and is
916	916	surplus. The Board shall cause a notice of such proposed sale to be
917	917	published once each week for two (2) [three (3)] consecutive weeks
918	918	in a newspaper of general circulation in the county or counties in
919	919	which said property or interest therein is situated if the
920	920	appraised value of said property or interest therein is in excess of
921	921	Five Thousand Dollars ($5,000) and if the said property or interest
922	922	therein is not partial or total consideration in a transaction for
923	923	the exchange of properties.
924	924	SECTION 12. Sections 1(c), 4-a, and 14-a, Chapter 276, Acts
925	925	of the 45th Legislature, Regular Session, 1937, are repealed.
926	926	SECTION 13. (a) The change in law made by this Act to the
927	927	terms of the directors of the San Antonio River Authority applies
928	928	only to the term of a director who is appointed or elected on or
929	929	after the effective date of this Act.
930	930	(b) The two at-large director positions for Bexar County
931	931	shall be scheduled for election on the November uniform election
932	932	date in 2023. The person who receives the highest number of votes
933	933	shall be elected to the first at-large Bexar County director
934	934	position and shall serve a four-year term beginning January 1,
935	935	2024, and ending December 31, 2027. An election shall be scheduled
936	936	for that position on the November uniform election date in 2027 and
937	937	every four years thereafter. The person who receives the second
938	938	highest number of votes shall be elected to the second at-large
939	939	Bexar County director position and shall serve a two-year term
940	940	beginning January 1, 2024, and ending December 31, 2025. An
941	941	election shall be scheduled for that position on the November
942	942	uniform election date in 2025 and every four years thereafter for a
943	943	four-year term beginning on January 1 of the year following each
944	944	election.
945	945	(c) The following director positions shall be scheduled for
946	946	election on the November uniform election date in 2025 and every
947	947	four years thereafter, and the directors elected to each position
948	948	shall serve four-year terms beginning January 1 of the year
949	949	following each election:
950	950	(1) the single-member district director elected from
951	951	Bexar County commissioners court precinct 1;
952	952	(2) the single-member district director elected from
953	953	Bexar County commissioners court precinct 2;
954	954	(3) the at-large director position for Karnes County
955	955	for which an election was held, or scheduled to be held but canceled
956	956	because of an unopposed candidate, in November 2019;
957	957	(4) the at-large director position for Goliad County
958	958	for which an election was held, or scheduled to be held but canceled
959	959	because of an unopposed candidate, in November 2019; and
960	960	(5) the at-large director position for Wilson County
961	961	for which an election was held, or scheduled to be held but canceled
962	962	because of an unopposed candidate, in November 2019.
963	963	(d) The following director positions shall be scheduled for
964	964	election on the November uniform election date in 2027 and every
965	965	four years thereafter, and the directors elected to those director
966	966	positions shall serve four-year terms beginning January 1 of the
967	967	year following each election:
968	968	(1) the single-member district director elected from
969	969	Bexar County commissioners court precinct 3;
970	970	(2) the single-member district director elected from
971	971	Bexar County commissioners court precinct 4;
972	972	(3) the at-large director position for Karnes County
973	973	for which an election was held, or scheduled to be held but canceled
974	974	because of an unopposed candidate, in November 2021;
975	975	(4) the at-large director position for Goliad County
976	976	for which an election was held, or scheduled to be held but canceled
977	977	because of an unopposed candidate, in November 2021; and
978	978	(5) the at-large director position for Wilson County
979	979	for which an election was held, or scheduled to be held but canceled
980	980	because of an unopposed candidate, in November 2021.
981	981	(e) The members of the board of directors serving in the
982	982	director positions described by Subsections (b), (c), and (d) of
983	983	this section on the effective date of this Act shall continue to
984	984	serve until their successors have been elected and qualified.
985	985	(f) Notwithstanding Section 13-a, Chapter 276, Acts of the
986	986	45th Legislature, Regular Session, 1937, as added by this Act, a
987	987	person serving on the board of directors of the district may vote,
988	988	deliberate, and be counted as a director in attendance at a meeting
989	989	of the board until December 1, 2023.
990	990	SECTION 14. (a) The legal notice of the intention to
991	991	introduce this Act, setting forth the general substance of this
992	992	Act, has been published as provided by law, and the notice and a
993	993	copy of this Act have been furnished to all persons, agencies,
994	994	officials, or entities to which they are required to be furnished
995	995	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
996	996	Government Code.
997	997	(b) The governor, one of the required recipients, has
998	998	submitted the notice and Act to the Texas Commission on
999	999	Environmental Quality.
1000	1000	(c) The Texas Commission on Environmental Quality has filed
1001	1001	its recommendations relating to this Act with the governor, the
1002	1002	lieutenant governor, and the speaker of the house of
1003	1003	representatives within the required time.
1004	1004	(d) All requirements of the constitution and laws of this
1005	1005	state and the rules and procedures of the legislature with respect
1006	1006	to the notice, introduction, and passage of this Act are fulfilled
1007	1007	and accomplished.
1008	1008	SECTION 15. (a) Except as provided by Subsection (b) of
1009	1009	this section, this Act takes effect immediately if it receives a
1010	1010	vote of two-thirds of all the members elected to each house, as
1011	1011	provided by Section 39, Article III, Texas Constitution. If this
1012	1012	Act does not receive the vote necessary for immediate effect, this
1013	1013	Act takes effect September 1, 2023.
1014	1014	(b) Section 14-b, Chapter 276, Acts of the 45th Legislature,
1015	1015	Regular Session, 1937, as added by this Act, takes effect January 1,
1016	1016	2025.
1017	1017	______________________________ ______________________________
1018	1018	President of the Senate Speaker of the House
1019	1019	I certify that H.B. No. 1535 was passed by the House on April
1020	1020	26, 2023, by the following vote: Yeas 147, Nays 1, 1 present, not
1021	1021	voting.
1022	1022	______________________________
1023	1023	Chief Clerk of the House
1024	1024	I certify that H.B. No. 1535 was passed by the Senate on May
1025	1025	10, 2023, by the following vote: Yeas 30, Nays 0.
1026	1026	______________________________
1027	1027	Secretary of the Senate
1028	1028	APPROVED: _____________________
1029	1029	Date
1030	1030	_____________________
1031	1031	Governor