Texas 2023 - 88th Regular

Texas Senate Bill SB2582 Compare Versions

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1	1	88R1441 ANG-D
2	2	By: Johnson, et al. S.B. No. 2582
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the San Antonio River Authority, following
8	8	recommendations of the Sunset Advisory Commission; altering the
9	9	terms of office of the members of the board of directors of the
10	10	authority.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1-a(a), Chapter 276, Acts of the 45th
13	13	Legislature, Regular Session, 1937, is amended to read as follows:
14	14	(a) The District is subject to review under Chapter 325,
15	15	Government Code (Texas Sunset Act), but may not be abolished under
16	16	that chapter. The review shall be conducted under Section 325.025,
17	17	Government Code, as if the District were a state agency scheduled to
18	18	be abolished September 1, 2035 [2023], and every 12th year after
19	19	that year.
20	20	SECTION 2. Section 3, Chapter 276, Acts of the 45th
21	21	Legislature, Regular Session, 1937, is amended to read as follows:
22	22	Sec. 3. POWERS OF THE DISTRICT. The District is hereby
23	23	invested with all of the powers of the State of Texas under Article
24	24	16, Section 59, of the Constitution of the State of Texas to
25	25	effectuate the construction, maintenance and operation of
26	26	navigable canals or waterways, to effectuate flood control, to
27	27	effectuate the conservation and use, for all beneficial purposes,
28	28	of ground, storm, flood and unappropriated flow waters in the
29	29	District, to effectuate irrigation, to effectuate soil
30	30	conservation, to effectuate sewage treatment, to effectuate
31	31	pollution prevention, to encourage and develop parks, recreational
32	32	facilities and to preserve fish, to effectuate forestation and
33	33	reforestation, and to do all things as are required therefor,
34	34	subject only to: (i) declarations of policy by the Legislature of
35	35	the State of Texas as to the use of water; (ii) continuing
36	36	supervision and control by the State Board of Water Engineers and
37	37	any board or agency which may thereafter succeed to its duties;
38	38	(iii) the provisions of Section 4, page 212, Acts of the
39	39	Thirty-fifth Legislature, 1917, as subsequently amended (codified
40	40	under Article 7471, Vernon's Civil Statutes of the State of Texas),
41	41	prescribing the priorities of uses for water; and (iv) the rights
42	42	heretofore or hereafter legally acquired in water by municipalities
43	43	and other users. Subject to the foregoing, it shall be the duty of
44	44	the District to exercise for the greatest practicable measure of
45	45	the conservation and beneficial utilization of all ground, storm,
46	46	flood and unappropriated flow waters of the District, in the manner
47	47	and for the particular purposes specified hereinafter in this
48	48	Section 3 and elsewhere in this Act the following powers, rights,
49	49	privileges and functions, to wit:
50	50	(a) Navigation:
51	51	(1) To promote, construct, maintain and operate, and/or to
52	52	make practicable, promote, aid and encourage, the construction,
53	53	maintenance and operation of navigable canals or waterways and all
54	54	navigational systems or facilities auxiliary thereto using the
55	55	natural bed and banks of the San Antonio River to its junction with
56	56	the Guadalupe River where practicable and thence traversing such
57	57	route as may be found by the District to be most feasible and
58	58	practicable to connect with the Intracoastal Canal and/or with any
59	59	new canal to be constructed and/or with any harbor at or near San
60	60	Antonio Bay or the Gulf of Mexico, and also using such new
61	61	correlated artificial waterways, together with all locks and other
62	62	works, structures and artificial facilities as may be necessary and
63	63	convenient for the construction, maintenance and operation of said
64	64	navigable canals or waterways and all navigational systems or
65	65	facilities auxiliary thereto. The District is empowered to
66	66	construct, or cause to be constructed, said system of artificial
67	67	waterways, canals, locks, works and other facilities so as to
68	68	connect the watershed area of the San Antonio River, including
69	69	navigation to or at a point near the City of San Antonio, with the
70	70	Intracoastal Canal and/or with any new canal to be constructed
71	71	and/or with any harbor at or near San Antonio Bay or the Gulf of
72	72	Mexico;
73	73	(2) To control, develop, store and use the natural flow and
74	74	floodwaters of the San Antonio River and its tributaries for the
75	75	purpose of operating and maintaining said navigable canals or
76	76	waterways and all navigational systems or facilities auxiliary
77	77	thereto, provided, however, that such navigational use shall be
78	78	subordinate to consumptive use of water, and navigation shall be
79	79	incidental thereto;
80	80	(3) In the case of the construction of said navigable canals
81	81	or waterways and all navigational systems or facilities auxiliary
82	82	thereto by the Federal Government or otherwise, the District shall
83	83	have the power to construct, maintain and operate lateral
84	84	connecting canals and turning basins to serve local needs, and
85	85	shall also have the power to provide, construct, acquire, purchase,
86	86	take over, lease from others, lease to others, and to maintain and
87	87	operate, develop, regulate and/or by franchise control wharves,
88	88	docks, warehouses, grain elevators, bunkering facilities, belt or
89	89	terminal railroads, floating plants, lighterage, towing
90	90	facilities, and all other facilities incident to or in aid of the
91	91	efficient operation and development of said canals or waterways and
92	92	all navigational systems or facilities auxiliary thereto, and any
93	93	ports incident thereto, whether the same be upon land or upon water;
94	94	(4) In the event the construction and/or maintenance and
95	95	operation of said navigable canals or waterways and all
96	96	navigational systems or facilities auxiliary thereto is taken over
97	97	by the Federal Government or any agency of the Federal Government,
98	98	then and in such event the District shall be fully authorized to
99	99	make and enter into any such contracts as may be lawfully required
100	100	by the Federal Government, including such assignments and transfers
101	101	of property and rights of property and easements and privileges and
102	102	any and all other lawful things and acts may be necessary and
103	103	required in order to meet the requirements of the Federal
104	104	Government or any agency of the Federal Government in taking over
105	105	the construction and/or maintenance and operation of said navigable
106	106	canals or waterways and all navigational systems or facilities
107	107	auxiliary thereto;
108	108	(5) The District may grant a franchise or right to any
109	109	person or body politic or corporate for the use of said navigable
110	110	canals or waterways and all navigational systems or facilities
111	111	auxiliary thereto or any facility thereof in aiding navigation and
112	112	no person or body politic or corporate may provide, maintain or
113	113	operate any facility of aid of navigation in any way connected with
114	114	said navigable canals or waterways and all navigational systems or
115	115	facilities auxiliary thereto and intended for use by the public
116	116	within the meaning and intent of this Act, except by and under the
117	117	franchise granted by this District, in the form of an ordinance as
118	118	provided by this Act, which franchise may be for any term not to
119	119	exceed fifty (50) years. Such ordinance granting franchise may
120	120	contain provisions for the payment of reasonable fees, and/or other
121	121	charges to be paid to the District, and shall contain provisions
122	122	adequate to regulate the fees, tolls, rates or exactions to be
123	123	demanded for the use of, or service to be rendered by any means or
124	124	facility to be provided or operated under any such franchise, to the
125	125	end that the same will be uniform, reasonable, and without
126	126	discrimination against any person, both as to charges and the
127	127	conditions of use or service, and such ordinance shall contain all
128	128	provisions reasonably required to procure service adequate to serve
129	129	the public necessity and convenience. The District may grant a
130	130	franchise for the design, construction, repair, enlargement,
131	131	alteration, maintenance, operation of, and service from, or use of
132	132	any facility to be provided for use in aid of navigation on said
133	133	navigable canals or water ways and all navigational systems or
134	134	facilities auxiliary thereto, whether upon land, or in or upon
135	135	water. The right hereby granted shall include the right to require
136	136	uniform and adequate analytic accounting systems and forms,
137	137	periodic verified reports based thereon, and the right of audit by
138	138	the District, and other reasonable regulations designed to protect
139	139	the public. In order to procure observance of the conditions of a
140	140	franchise granted hereunder, and/or compliance with the rules and
141	141	regulations established by ordinance of the District (to be adopted
142	142	and promulgated as elsewhere is provided in this Act) hereunder,
143	143	such ordinance may provide reasonable and commensurate penalties
144	144	fixed by General Law in Texas, and not to exceed the limit for
145	145	penalties as fixed elsewhere in this Act. The forfeiture or
146	146	suspension of a franchise granted under this Act, where not
147	147	otherwise provided in any such franchise, may be only because of
148	148	discrimination in rendering service, affording use, or in taking or
149	149	demanding a toll, rate or charge. Forfeiture or suspension of a
150	150	franchise granted hereunder, unless otherwise provided therein,
151	151	shall be upon a decree of a District Court within the County in
152	152	which this District may maintain its general office. The District
153	153	may likewise by ordinance establish rules necessary or designed to
154	154	protect the physical property owned by it, or physical property
155	155	owned or operated by another under a franchise hereunder granted,
156	156	and/or to effect the safety or efficient use of the same, and in
157	157	such ordinance may provide reasonable and commensurate penalties
158	158	for the violation thereof, which penalties shall be cumulative of
159	159	other penalties provided by the General Law of Texas, and not to
160	160	exceed the limit for penalties as fixed elsewhere in this 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
169	169	that of standby service as well as for the actual delivery of water;
170	170	(6) To provide water for the development of commercial and
171	171	industrial enterprises within or without the District;
172	172	(7) To bring water into the boundaries of the District;
173	173	(8) To construct, acquire, equip, to acquire storage rights
174	174	at, and operate and maintain dams and reservoirs, either within or
175	175	without the District, had in carrying out the powers conferred upon
176	176	the District, or to exercise such powers in conjunction with
177	177	others;
178	178	(9) To contract, operate and maintain or otherwise provide
179	179	water supply lines, water purification and water pumping systems
180	180	and facilities either within or without the District;
181	181	(10) Power to execute contracts with municipalities and
182	182	others involving the construction of reservoirs, dams, water supply
183	183	lines, water purification and pumping facilities, and the
184	184	furnishing of water supply service substantially in the manner
185	185	prescribed by Chapter 342, Acts of the Regular Session of the
186	186	Fifty-first Legislature, for Districts organized and created
187	187	pursuant to Article 16, Section 59, of the Constitution, extended
188	188	so as to permit such contracts with individuals, partnerships, and
189	189	all classes of corporations, and to permit the inclusion of
190	190	provisions for the operation, maintenance and ownership of such
191	191	properties, but the powers granted the District in this Subsection
192	192	are not to be considered a limitation on the powers, rights,
193	193	privileges and functions otherwise granted herein;
194	194	(11) To acquire from the United States Government, through
195	195	the Secretary of the Army or the Secretary of the Interior or any
196	196	other of its officials authorized to make such contracts, or from
197	197	the State of Texas or any agency thereof, or from any privately
198	198	financed reservoirs, unsold conservation storage capacity at any
199	199	dam within or without the District now constructed or to be
200	200	constructed either by or with the assistance of the United States
201	201	Government or the State of Texas, or by both. It may acquire
202	202	additional conservation storage capacity which may be provided at
203	203	any such dam;
204	204	(d) Irrigation: To provide water for irrigation of lands
205	205	within and without the District, and incident thereto, to
206	206	construct, operate and maintain supply lines and pumping systems
207	207	and facilities either within or without the District;
208	208	(e) Soil Conservation: For the conservation of soils and
209	209	other surface resources within the District against destructive
210	210	erosion, thereby preventing the increased flood menace incident
211	211	thereto, and for the prevention of sedimentation and siltation of
212	212	lands, channels and reservoirs, including the right either to act
213	213	as local sponsoring agent of upstream soil and water conservation
214	214	and flood prevention projects authorized by State or Federal
215	215	Agencies in conjunction with Soil Conservation Districts or to aid
216	216	and supplement the work of such upstream soil and water
217	217	conservation and flood prevention projects, all in furtherance of
218	218	the purposes of the District as provided by this Act ['Master Plan'
219	219	as defined in Section 4-a]. In connection therewith, the District
220	220	is authorized to make arrangements satisfactory to the Secretary of
221	221	Agriculture of the United States for defraying costs of operating
222	222	and maintaining such projects, in accordance with regulations
223	223	presented by the Secretary of Agriculture; provided, however, that
224	224	any portion of the total construction cost of any such project which
225	225	is allocable to flood control and/or soil conservation shall be
226	226	paid for or financed by funds which have their source in the county
227	227	in which each particular project is situated and which funds may be
228	228	of any kind or character, except taxes collected in accordance with
229	229	the provisions of Sections 15-a and 15-b of this Act;
230	230	(f) Sewage Treatment and Solid Waste Disposal. As a
231	231	necessary aid to the conservation, control, preservation,
232	232	purification and distribution of surface and ground waters within
233	233	the District, the District shall have the power to construct, own,
234	234	operate, maintain or otherwise provide, within the San Antonio
235	235	River Basin, sewage gathering, treatment and/or disposal services,
236	236	including solid waste disposal services, to charge for such
237	237	services, and to make contracts in reference thereto with counties,
238	238	municipalities and others. Provided, however, that the District
239	239	shall not exercise the powers hereinabove granted by this Section
240	240	3(f) within the boundaries of Kerr, Real, or Bandera Counties
241	241	unless the Commissioners Court of such county or counties shall
242	242	first have consented by a majority vote thereof to the exercise of
243	243	such power within such county or counties;
244	244	(g) Pollution Prevention. To provide for the study,
245	245	correcting and control of both artificial and natural pollution
246	246	including organic, inorganic and thermal, of all ground or surface
247	247	water within the San Antonio River Basin. In this connection, the
248	248	District is given the power by ordinance to promulgate rules and
249	249	regulations with regard to such pollution, both artificial and
250	250	natural, with the right of policing by said District to enforce such
251	251	rules and regulations and of providing reasonable and commensurate
252	252	penalties for the violation of any rules and regulations, which
253	253	penalties shall be cumulative of any penalties fixed by General Law
254	254	in Texas, and not to exceed the limit for penalties as fixed
255	255	elsewhere in this Act. Provided, however, that no ordinance
256	256	enacted pursuant to the powers hereinabove given the District by
257	257	this Section 3(g) shall be promulgated in any county or counties
258	258	outside the existing boundaries of the District;
259	259	(h) Parks, Recreational Facilities and Preservation of
260	260	Fish: For the encouragement and development of parks, recreational
261	261	facilities and the preservation of fish, the District shall have
262	262	the power to acquire additional land adjoining any permanent work
263	263	of improvement constructed within the District for the purpose of
264	264	developing parks, or recreational facilities. The District may
265	265	negotiate contracts with any county, municipality, municipal
266	266	corporation, person, firm, corporation, non-profit organization,
267	267	or State or Federal agency for the operation and/or maintenance of
268	268	any such park, or recreational facility. The preservation of fish
269	269	shall be in accordance with rules and regulations, if any,
270	270	prescribed by the Game and Fish Commission of the State of Texas;
271	271	(i) Forestation and Reforestation: To forest and reforest
272	272	and to aid in foresting and reforesting of all areas within the
273	273	District;
274	274	(j) Contractual: To make contracts and to execute
275	275	instruments necessary or convenient to the exercise of the powers,
276	276	rights, privileges and functions conferred upon it by this Act,
277	277	with the United States, its agencies, counties, cities, all
278	278	municipal corporations, political subdivisions and districts, and
279	279	with private persons, partnerships, associations, nonprofit
280	280	organizations, and corporations. The District shall make and
281	281	execute such contracts and instruments in accordance with the
282	282	following procedures:
283	283	(1) Concerning any wholesale contract for the sale,
284	284	purchase, procurement, distribution and/or supply of water or
285	285	conservation storage capacity, or for the construction of a
286	286	navigable canal or waterway, or any contract authorized by Section
287	287	1, Chapter 84, page 140, Acts of the 52nd Legislature, 1951, as
288	288	subsequently amended (codified under Article 7048b, Vernon's Civil
289	289	Statutes of Texas), the Manager shall cause a notice describing the
290	290	general nature of such contract to be published once each week for
291	291	three (3) consecutive weeks in a newspaper of general circulation
292	292	in each county in the District within which such contract is to have
293	293	effect. Such contract may be considered and acted upon at the
294	294	regular meeting of the Board next following the last date of
295	295	publication or, without further notice, at any meeting thereafter.
296	296	The affirmative vote of at least seven (7) members of the Board
297	297	shall be required for the approval of confirmation or ratification
298	298	of any such contract. Of those seven (7) affirmative votes, at
299	299	least three (3) affirmative votes shall be cast by Board members
300	300	from Bexar County, at least one (1) affirmative vote shall be cast
301	301	by a Board member from Wilson County, at least one (1) affirmative
302	302	vote shall be cast by a Board member from Karnes County, and at
303	303	least one (1) affirmative vote shall be cast by a Board member from
304	304	Goliad County. The District may use any such contract as the sole
305	305	basis, or as a supplement to the basis, for securing its bonds;
306	306	(2) Concerning any construction, maintenance, operation or
307	307	repair contract, contract for the purchase of material, equipment
308	308	or supplies or any contract for services other than professional
309	309	services, if the contract will require an estimated expenditure of
310	310	more than the maximum amount for which competitive bidding is
311	311	required by statute for any political subdivision of the state or if
312	312	the contract is for a term of two (2) years or more, the Board, upon
313	313	the affirmative vote of a majority of a quorum present at any
314	314	regular or special meeting, shall award such contract to the lowest
315	315	and best bidder after publication of a notice to bidders once each
316	316	week for three (3) consecutive weeks. The Board by bylaw shall
317	317	promulgate the procedures for the publication of notice to bidders
318	318	and related procedures and may, within the limitations set forth in
319	319	this section, from time to time prescribe the amount of estimated
320	320	expenditures to be subjected to competitive bidding. In the event
321	321	of an emergency, the authority may let such contracts as are
322	322	necessary to protect and preserve the public health and welfare or
323	323	the properties of the authority, without such bidding procedures.
324	324	Members of the Board of Directors shall be ineligible to submit such
325	325	bids. Any provision of this Subsection to the contrary
326	326	notwithstanding, the District may purchase surplus property from
327	327	the United States by negotiated contract and without the necessity
328	328	of advertising for bids.
329	329	(k) General:
330	330	(1) This District hereby is vested with such title and right
331	331	of control as the State has, or may have, in, to and concerning the
332	332	natural bed and banks of the San Antonio River in its entire length,
333	333	and all of its tributaries as are within the District, as said
334	334	District is defined in Section 2-a of this Act, and the District
335	335	hereby is further vested with such title and right of control as the
336	336	State has, or may have, in, to and concerning the natural bed and
337	337	banks of any other navigable stream or tributary thereof as may be
338	338	situated within the District, as said District is defined in
339	339	Section 2-a of this Act; which investment, however, shall be in
340	340	trust, and to authorize said District to make such uses, and/or
341	341	disposition of such lands and rights (and the proceeds, income,
342	342	revenues, or trading values thereof) as in actual experience may
343	343	prove to be reasonably required for, or in aid of, the
344	344	accomplishment of the purposes of this Act;
345	345	(2) To make preliminary investigations and surveys in the
346	346	manner and for the purposes specified in said Chapter 25 (either
347	347	independently at its own cost, or jointly with others, or to
348	348	contribute to the cost thereof when done by another), whereby to
349	349	procure cooperation by the Government of the United States of
350	350	America, to the end that any project lawfully within the purposes of
351	351	this Act may be approved for construction as a Federal project under
352	352	such contractual terms and conditions as may be demanded by the
353	353	Federal Congress;
354	354	(3) To expend all sums reasonably deemed to be necessary or
355	355	expedient for seeking cooperation in accomplishing the objects of
356	356	this Act from the Federal Government, and/or any and all other
357	357	persons, creatures, or entities, whether natural, or creatures of
358	358	law or contract;
359	359	(4) Subject to the provisions of this Act from time to time
360	360	to sell or otherwise dispose of any property of any kind, real,
361	361	personal, or mixed, or any interest therein, which shall not be
362	362	necessary to the carrying on of the business of the District;
363	363	(5) To overflow and inundate any public lands and public
364	364	property and to require the relocation of roads and highways in
365	365	manner and to the extent permitted to districts organized under
366	366	General Laws pursuant to Section 59 of Article 16 of the
367	367	Constitution of the State of Texas. In the event that the District,
368	368	in the exercise of the power of eminent domain or power of
369	369	relocation, or any other power granted hereunder, makes necessary
370	370	the relocation, raising, rerouting or changing the grade of, or
371	371	altering the construction of any railroad, or street railway, all
372	372	such necessary relocation, raising, rerouting, changing of grade or
373	373	alteration of construction shall be accomplished at the sole
374	374	expense of the District;
375	375	(6) To construct, extend, improve, maintain and
376	376	reconstruct, to cause to be constructed, extended, improved,
377	377	maintained, and reconstructed, and to use and operate, any and all
378	378	facilities of any kind necessary or convenient to the exercise of
379	379	such powers, rights, privileges, and functions;
380	380	(7) To sue and to be sued in its corporate name;
381	381	(8) To adopt, use, and alter a corporate seal;
382	382	(9) To adopt and to amend its bylaws for the management of
383	383	its affairs;
384	384	(10) To appoint officers, agents, employees and
385	385	professional consultants, none of whom shall have any interest,
386	386	direct or indirect, in any contracts awarded by the District;
387	387	(11) To prescribe the duties and fix the compensation of all
388	388	officers, agents, employees and professional consultants;
389	389	(12) To acquire by purchase, lease, gift, or in any other
390	390	lawful manner and to maintain, use, and operate any and all property
391	391	of any kind, real, personal or mixed, or any interest therein,
392	392	within and without the boundaries of the District, necessary or
393	393	convenient to the exercise of the powers, rights, privileges and
394	394	functions conferred upon it by this Act, in the manner provided by
395	395	general law with respect to condemnation or, at the option of the
396	396	District, in the manner provided by the statutes relative to
397	397	condemnation by Districts organized under general law pursuant to
398	398	Section 59 of Article 16 of the Constitution of the State of Texas;
399	399	(13) To condemn lands used or dedicated for cemetery
400	400	purposes in the manner provided by the General Law of Texas where
401	401	reasonably necessary to effectuate the powers, rights, privileges
402	402	and functions of the District, provided, however, that, when such
403	403	power of condemnation is sought to be exercised with respect to any
404	404	Perpetual Care cemetery, as defined in Article 912a, Vernon's Civil
405	405	Statutes of the State of Texas, as to the condemnation of any such
406	406	Perpetual Care cemetery or portion thereof, jurisdiction is hereby
407	407	conferred for such purpose on the District Court or Courts of the
408	408	county in which such cemetery land or any part thereof may be
409	409	located, and such condemnation action shall likewise involve the
410	410	issue of the removal of the dedication thereof as such Perpetual
411	411	Care cemetery and the issue of the necessity for such taking;
412	412	(14) To borrow money for its corporate purposes and to
413	413	execute proper notes or other evidences of indebtedness, and
414	414	without limitation of the generality of the foregoing, to borrow
415	415	money and accept grants from the United States of America, and in
416	416	connection with any such loan or grant, to enter into such
417	417	agreements as the United States of America or such corporation or
418	418	agency may require; and to make and issue its negotiable bonds for
419	419	moneys borrowed in the manner and to the extent provided in Section
420	420	16. Nothing in this Act shall authorize the issuance of any bonds,
421	421	notes, or other evidences of indebtedness of the District, except
422	422	as specifically provided in this Act, and no issuance of bonds,
423	423	notes, or other evidences of indebtedness, except as specifically
424	424	provided in this Act, shall ever be authorized except by an Act of
425	425	the Legislature;
426	426	(15) To obtain loans from and accept grants from the United
427	427	States and its agencies, and from the State of Texas, and its
428	428	agencies, and it shall have the right to participate in and be the
429	429	beneficiary of any plan which may be evolved by the State or Federal
430	430	Government for guaranteeing or otherwise subsidizing the
431	431	obligations of the District;
432	432	(16) The District shall have the power to adopt and
433	433	promulgate by ordinance all reasonable rules and regulations for
434	434	purposes elsewhere provided in this Act and generally to secure and
435	435	protect any and all of its property and any and all of its works of
436	436	improvement, and to regulate residence, hunting, fishing, boating
437	437	and camping, and all recreational and business privileges on any
438	438	navigable river of the District, or any reservoir of the District,
439	439	or upon any land owned by the District. The District may prescribe
440	440	reasonable and commensurate penalties for the violation of any and
441	441	all such rules and regulations of the District, which penalties
442	442	shall be cumulative of any penalties fixed by the General Law in
443	443	Texas and shall not exceed fines of more than Two Hundred Dollars
444	444	($200), or imprisonment for not more than one hundred eighty (180)
445	445	days, or may provide for both such fine and imprisonment. No rule
446	446	or regulation which provides a penalty for the violation thereof
447	447	shall be in effect, as to enforcement of the penalty, until five (5)
448	448	days next after the District may have caused a substantive
449	449	statement of the particular rule or regulation and the penalty for
450	450	the violation thereof to be published once a week for three (3)
451	451	consecutive weeks in a newspaper of general circulation in each
452	452	county in which it is to be effective. The substantive statement so
453	453	to be published shall be as condensed as is possible to afford an
454	454	intelligent direction of the mind to the act forbidden by the rule
455	455	or regulation; one (1) notice may embrace any number of
456	456	regulations; there must be embraced in the notice advice that
457	457	breach of the particular regulation, or regulations, will subject
458	458	the violator to the infliction of a penalty and there also shall be
459	459	included in the notice advice that the full text of the regulations
460	460	sought to be enforced is on file in the principal office of the
461	461	District, where the same may be read by any interested person. Five
462	462	(5) days after the third publication of the notice hereby required,
463	463	the advertised regulation shall be in effect, and ignorance of any
464	464	such regulation shall not constitute a defense to a prosecution for
465	465	the enforcement of a penalty and, the rules and regulations
466	466	authorized hereby, after the required publication, shall
467	467	judicially be known to the courts and shall be considered of a
468	468	nature like unto that of valid penal ordinance of a city of the
469	469	State. The District shall be primarily liable for any court costs
470	470	incurred hereunder, and the cost to maintain any offender committed
471	471	for imprisonment hereunder. Any fine imposed in any such
472	472	proceeding and paid in money shall be payable to this District and
473	473	applied as its Board may direct;
474	474	(17) To designate an official newspaper of the District in
475	475	each county in the District, each of which newspapers shall be a
476	476	newspaper having general circulation in the county in which it is
477	477	situated;
478	478	(18) To acquire such rights-of-way as are necessary to
479	479	construct, operate and maintain such roads as are necessary for
480	480	ingress and egress to any work of improvement or to any park,
481	481	recreational facility, or fish or wildlife preserve or reserve;
482	482	(19) To grant concessions and franchises upon the premises
483	483	of any works of improvement or any park, recreational facility or
484	484	fish or wildlife preserve or reserve to any person or corporation;
485	485	(20) When germane to the accomplishment and the purposes of
486	486	this Act, and not otherwise adequately provided by Chapter 25, or
487	487	provided elsewhere in this Act, the Directors of the District shall
488	488	have the power to adopt and promulgate ordinances, which may be done
489	489	by a majority (except as specifically provided elsewhere in this
490	490	Act) of those Directors present at any meeting held in compliance
491	491	with the provisions of the bylaws at which there must be present a
492	492	majority of the Board, constituting a quorum. No notice shall be
493	493	required before the passage of such ordinance, except such notices
494	494	of special or regular meetings of the Board as may be provided
495	495	elsewhere in this Act. After having adopted such ordinances, the
496	496	Directors shall cause the same to be filed and recorded in the
497	497	official records of the Authority. The Directors may, if they deem
498	498	necessary and proper, in addition to filing and recording same in
499	499	the official records of the Authority, either caused certified
500	500	copies of same to be forthwith filed of record in the office of the
501	501	County Clerk of each county situated in whole or in part within the
502	502	District within which such ordinance is intended to have
503	503	application and/or to be published once or more each week for three
504	504	(3) or more consecutive weeks in a newspaper or newspapers of
505	505	general circulation in each county within the District within which
506	506	ordinance is intended to have application, following either or all
507	507	of which methods of recording and/or publication the ordinance
508	508	shall be in full force and effect; and thereafter all courts and
509	509	persons shall be held to have knowledge thereof, just as though the
510	510	same had been embraced in the body of this Act and the County Clerk
511	511	in any county is authorized and directed to file and record all
512	512	certified copies of such county and to charge therefor the same fees
513	513	as is provided for recording deeds of conveyance. And the powers of
514	514	said District to adopt ordinances shall include, among other things
515	515	as follows: in any case in which said Chapter 25 does not provide a
516	516	specific power or right germane to, or appropriate, or adequate to
517	517	accomplish an object of this Act, and such specific power has been,
518	518	or hereafter may, conferred by law on Counties, Cities, Water
519	519	Improvement Districts, Water Control and Improvement Districts,
520	520	Drainage Districts, Navigation Districts, Canal Corporations,
521	521	Channel and Dock Corporations, Deep Water Corporations, Railway
522	522	Corporations, Terminal Railway Corporations, Telegraph and
523	523	Telephone Corporations, or other like creatures of the law, then to
524	524	the intent required to make adequate hereto the powers and rights of
525	525	this District, it may by ordinance adopt and have as part of the law
526	526	of its being so much of the power and right of any of the herein
527	527	designated creatures of the law as will enable it effectively to
528	528	accomplish that purpose of this Act. The adoption of a power or
529	529	mode of procedure hereunder shall not be held to include any
530	530	incidental limitation which would impede the lawful accomplishment
531	531	of the purposes of this Act. As to this, there shall be no limit
532	532	hereof save such as would violate the provisions of the
533	533	Constitution of the United States and the State of Texas concerning
534	534	the rights of others;
535	535	(21) This District shall have all such powers and rights,
536	536	and regulations for government and procedure, as are contained in
537	537	said Chapter 25, which shall be cumulative of those provided by this
538	538	Act, and those rules for procedure which may be provided by
539	539	ordinances adopted by the District under other provisions of this
540	540	Act.
541	541	SECTION 3. Chapter 276, Acts of the 45th Legislature,
542	542	Regular Session, 1937, is amended by adding Section 5 to read as
543	543	follows:
544	544	Sec. 5. PARTNERSHIP WITH NONPROFIT ORGANIZATION. (a) In
545	545	this section, "affiliated nonprofit organization" means a
546	546	nonprofit organization:
547	547	(1) created by the District; or
548	548	(2) for which the District, the Board, or the
549	549	District's employees have a right to appoint one or more of the
550	550	members of the governing body of the nonprofit organization.
551	551	(b) The District may contract or otherwise coordinate with a
552	552	nonprofit organization, including an affiliated nonprofit
553	553	organization, to accomplish the purposes of the District.
554	554	(c) Members of the Board or employees of the District may
555	555	not constitute a majority of the board of directors or other
556	556	governing body of an affiliated nonprofit organization.
557	557	(d) The Board shall develop a policy regarding fund-raising
558	558	activities of any nonprofit organizations that enter into a
559	559	partnership with the District. The policy must:
560	560	(1) include acceptable and prohibited fund-raising
561	561	activities;
562	562	(2) specify how fund-raising is conducted and
563	563	supervised; and
564	564	(3) include criteria for seeking and selecting
565	565	corporate sponsors to ensure that sponsorships serve the public
566	566	interest and are consistent with the purposes of the District.
567	567	(e) A memorandum of understanding between the District and
568	568	an affiliated nonprofit organization entered into under this
569	569	section must include the policy developed by the Board under
570	570	Subsection (d) of this section.
571	571	SECTION 4. Section 9, Chapter 276, Acts of the 45th
572	572	Legislature, Regular Session, 1937, is amended to read as follows:
573	573	Sec. 9. GOVERNING BODY OF THE DISTRICT; QUALIFICATIONS OF
574	574	MEMBERS OF THE BOARD; VACANCIES; TERM OF OFFICE. The government and
575	575	control of the District shall be vested in a Board of Directors
576	576	consisting of 12 [twelve (12)] members, 6 [six (6)] of whom shall be
577	577	elected from Bexar County, 2 [two (2)] of whom shall be elected from
578	578	Wilson County, 2 [two (2)] of whom shall be elected from Karnes
579	579	County, and 2 [two (2)] of whom shall be elected from Goliad County.
580	580	Each director shall serve for a term of four [six (6)] years, and
581	581	shall hold office until the director's [his] successor has been
582	582	elected and has qualified by taking the oath of office. Before
583	583	entering upon the duties of the member's [his] office, each member
584	584	of the Board shall take the Constitutional Oath of Office and the
585	585	same shall be filed in written form with the Secretary of the Board.
586	586	Vacancies occurring on the Board from any county shall be filled by
587	587	appointment by the Governor of the State, with the advice and
588	588	consent of the Senate, for such unexpired term. Any person over the
589	589	age of 21 [twenty-one (21)] years, residing within the District and
590	590	within the county from which the person [he] is elected or
591	591	appointed, and possessing the qualifications of a juror shall be
592	592	eligible to be elected or appointed and to serve as a director.
593	593	SECTION 5. Chapter 276, Acts of the 45th Legislature,
594	594	Regular Session, 1937, is amended by adding Sections 13-a, 13-b,
595	595	13-c, and 13-d to read as follows:
596	596	Sec. 13-a. TRAINING FOR BOARD MEMBERS. (a) A person who is
597	597	elected or appointed to and qualifies for office as a member of the
598	598	Board may not vote, deliberate, or be counted as a member in
599	599	attendance at a meeting of the Board until the person completes a
600	600	training program that complies with this section.
601	601	(b) The training program must provide the person with
602	602	information regarding:
603	603	(1) the law governing the District's operations;
604	604	(2) the programs, functions, rules, and budget of the
605	605	District;
606	606	(3) the scope of and limitations on the rulemaking
607	607	authority of the Board;
608	608	(4) the results of the most recent formal audit of the
609	609	District;
610	610	(5) the requirements of:
611	611	(A) laws relating to open meetings, public
612	612	information, administrative procedure, and disclosing conflicts of
613	613	interest; and
614	614	(B) other laws applicable to members of the
615	615	governing body of a river authority in performing their duties; and
616	616	(6) any applicable ethics policies adopted by the
617	617	District or the Texas Ethics Commission.
618	618	(c) A person elected or appointed to the Board is entitled
619	619	to reimbursement for the travel expenses incurred in attending the
620	620	training program regardless of whether the attendance at the
621	621	program occurs before or after the person qualifies for office.
622	622	(d) The Manager of the District shall create a training
623	623	manual that includes the information required by Subsection (b) of
624	624	this section. The Manager of the District shall distribute a copy
625	625	of the training manual annually to each member of the Board. Each
626	626	member of the Board shall sign and submit to the Manager of the
627	627	District a statement acknowledging that the member received and
628	628	reviewed the training manual.
629	629	Sec. 13-b. POLICIES TO SEPARATE POLICY-MAKING AND STAFF
630	630	FUNCTIONS. The Board shall develop and implement policies that
631	631	clearly separate the policy-making responsibilities of the Board
632	632	and the management responsibilities of the Manager and the staff of
633	633	the District.
634	634	Sec. 13-c. PUBLIC TESTIMONY AT BOARD MEETINGS. The Board
635	635	shall develop and implement policies that provide the public with a
636	636	reasonable opportunity to appear before the Board and to speak on
637	637	any issue under the jurisdiction of the District.
638	638	Sec. 13-d. COMPLAINT INFORMATION REQUIREMENTS. (a) The
639	639	District shall maintain a system to promptly and efficiently act on
640	640	complaints filed with the District. The District shall maintain
641	641	information about parties to the complaint, the subject matter of
642	642	the complaint, a summary of the results of the review or
643	643	investigation of the complaint, and its disposition.
644	644	(b) The District shall make information available
645	645	describing its procedures for complaint investigation and
646	646	resolution.
647	647	(c) The District shall periodically notify the complaint
648	648	parties of the status of the complaint until final disposition
649	649	unless the notice would jeopardize an investigation.
650	650	SECTION 6. Chapter 276, Acts of the 45th Legislature,
651	651	Regular Session, 1937, is amended by adding Section 14-b to read as
652	652	follows:
653	653	Sec. 14-b. FISCAL YEAR. The District's fiscal year ends on
654	654	September 30 of each year.
655	655	SECTION 7. Section 15-a, Chapter 276, Acts of the 45th
656	656	Legislature, Regular Session, 1937, is amended to read as follows:
657	657	Sec. 15-a. TAXATION. Subject to the limitation as to the
658	658	maximum rate of tax as prescribed in this Section, the District may
659	659	levy and collect throughout the territory of the District such ad
660	660	valorem taxes as are voted at an election or elections called by the
661	661	Board for that purpose and conducted throughout the territory of
662	662	the District. The maximum rate of tax which can be levied and
663	663	collected for any year shall be two cents (2¢) on the One Hundred
664	664	Dollars ($100) of taxable property based on its assessed valuation,
665	665	in accordance with the following conditions and procedures:
666	666	(a) The Board of Directors of the District may, by
667	667	ordinance, call an election to submit to the voters for approval
668	668	such taxation; provided that a public hearing to discuss the
669	669	proposed tax issue shall be held in each county in the District,
670	670	said public hearing to be held not less than ten (10) days nor more
671	671	than twenty-five (25) days prior to the scheduled date of any such
672	672	election, and said hearings shall be called by the Board of
673	673	Directors of the District and notice of the time, day, date, place
674	674	and purpose of said meeting shall be given by publishing said notice
675	675	in at least one (1) newspaper of general circulation in each county
676	676	where the meeting is to be held at least ten (10) days prior to such
677	677	hearing;
678	678	(b) Only qualified electors, owning taxable property within
679	679	the boundaries of the District and who have duly rendered their
680	680	property for taxation shall be entitled to vote in any such
681	681	election. An elector otherwise qualified must vote in the county of
682	682	his residence and at the polling place designated for the precinct
683	683	of his residence. The ordinance calling the election shall specify
684	684	the polling place or places in each of the several counties. The
685	685	notice of election will be sufficient as to any county within the
686	686	District if it states that the election is to be held throughout the
687	687	territory comprising the District and if it specifies the polling
688	688	place or places in such county. But it shall not be necessary to
689	689	publish such details except in the county in which they are
690	690	applicable;
691	691	(c) Returns of the election shall be made to the Board, and
692	692	the Board shall canvass the returns of the election and adopt an
693	693	ordinance declaring the results thereof. The Board may levy taxes
694	694	within the maximum rate thus voted if a majority of the votes cast
695	695	throughout the District are in favor of the levy of the tax and if a
696	696	majority of the votes cast in any three (3) counties in the District
697	697	are in favor of the levy of the tax;
698	698	(d) The rate of tax shall be uniform throughout the
699	699	territory comprising the District, and shall be certified by the
700	700	Chairman and the Secretary of the Board of Directors of the District
701	701	to the Tax Assessor and the Tax Collector of each included county;
702	702	(e) After an election has resulted favorably to the levy of
703	703	a tax, the Board of Directors may borrow money payable therefrom and
704	704	may evidence such loan by a negotiable note given in the name of the
705	705	District;
706	706	(f) Any taxes thus collected shall be used for the purpose
707	707	of general administration[, preparation of the Master Plan provided
708	708	for in Section 4-a,] and for [other] planning and other services
709	709	with respect to any of the purposes, rights, privileges and
710	710	functions of the District; provided, however, that none of the
711	711	taxes thus collected shall be used to pay for or finance the
712	712	construction of any dams, reservoirs, levees, channels, pipelines
713	713	or other major physical works of the District, or pay for the cost
714	714	of any right-of-way acquisitions, or the expenses of right-of-way
715	715	acquisition, or damages awarded by any Court under Article 1,
716	716	Section 17, of the Constitution of the State of Texas. It is the
717	717	intent of this Act that any taxes thus collected will enable the
718	718	District to accomplish its purposes, including [develop a Master
719	719	Plan for] the maximum development of the soil and water resources of
720	720	the District, it [is] being hereby found and determined that the
721	721	benefits to be realized from such maximum development can be
722	722	obtained only through area-wide participation and planning. It is
723	723	the intent of this Act that the construction of any dams,
724	724	reservoirs, levees, channels, pipelines or other major physical
725	725	works of the District shall be paid for or financed by revenue bonds
726	726	of the District to be redeemed either by the sale of services or by
727	727	taxes to be levied by a county or municipality and paid over to the
728	728	District as an independent contractor of said county or
729	729	municipality. It is likewise the intent of this Act that any taxes
730	730	thus collected may be used to pay for the operation, repair and/or
731	731	maintenance of any flood control, soil conservation, watershed
732	732	protection and/or erosion structures or works of improvement
733	733	constructed in cooperation with the Federal Government; provided,
734	734	however, that any such operation, repair and/or maintenance costs
735	735	shall be paid for out of taxes thus collected in the county in which
736	736	the particular structure or work of improvement is situated. It is
737	737	further the intent of this Act that the taxes authorized by this
738	738	Section 15-a thus collected shall not be pledged to the redemption
739	739	of any bonds of the District.
740	740	SECTION 8. Sections 4-a and 14-a, Chapter 276, Acts of the
741	741	45th Legislature, Regular Session, 1937, are repealed.
742	742	SECTION 9. (a) The change in law made by this Act to the
743	743	terms of the directors of the San Antonio River Authority applies
744	744	only to the term of a director who is appointed or elected on or
745	745	after the effective date of this Act.
746	746	(b) The directors elected at the election held on the
747	747	uniform election date in November 2023 shall draw lots to determine
748	748	which director serves a term of four years and which director serves
749	749	a term of two years.
750	750	(c) Notwithstanding Section 13-a, Chapter 276, Acts of the
751	751	45th Legislature, Regular Session, 1937, as added by this Act, a
752	752	person serving on the board of directors of the district may vote,
753	753	deliberate, and be counted as a director in attendance at a meeting
754	754	of the board until December 1, 2023.
755	755	SECTION 10. (a) The legal notice of the intention to
756	756	introduce this Act, setting forth the general substance of this
757	757	Act, has been published as provided by law, and the notice and a
758	758	copy of this Act have been furnished to all persons, agencies,
759	759	officials, or entities to which they are required to be furnished
760	760	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
761	761	Government Code.
762	762	(b) The governor, one of the required recipients, has
763	763	submitted the notice and Act to the Texas Commission on
764	764	Environmental Quality.
765	765	(c) The Texas Commission on Environmental Quality has filed
766	766	its recommendations relating to this Act with the governor, the
767	767	lieutenant governor, and the speaker of the house of
768	768	representatives within the required time.
769	769	(d) All requirements of the constitution and laws of this
770	770	state and the rules and procedures of the legislature with respect
771	771	to the notice, introduction, and passage of this Act are fulfilled
772	772	and accomplished.
773	773	SECTION 11. This Act takes effect immediately if it
774	774	receives a vote of two-thirds of all the members elected to each
775	775	house, as provided by Section 39, Article III, Texas Constitution.
776	776	If this Act does not receive the vote necessary for immediate
777	777	effect, this Act takes effect September 1, 2023.