Texas 2025 - 89th Regular

Texas House Bill HB2692 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Guillen H.B. No. 2692
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the codification and clarification of local laws
7	9		concerning the San Antonio River Authority.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subtitle G, Title 6, Special District Local Laws
10	12		Code, is amended by adding Chapter 8513 to read as follows:
11	13		CHAPTER 8513. SAN ANTONIO RIVER AUTHORITY
12	14		SUBCHAPTER A. GENERAL PROVISIONS
13	15		Sec. 8513.0101. DEFINITIONS
14	16		Sec. 8513.0102. NATURE OF AUTHORITY
15	17		Sec. 8513.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
16	18		Sec. 8513.0104. REVIEW SCHEDULE UNDER SUNSET ACT
17	19		Sec. 8513.0105. TERRITORY
18	20		Sec. 8513.0106. EFFECT OF CHAPTER ON CERTAIN PERSONS OR
19	21		ENTITIES
20	22		Sec. 8513.0107. LIBERAL CONSTRUCTION OF CHAPTER
21	23		Sec. 8513.0108. CORRECTION OF INVALID PROCEDURES
22	24		SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
23	25		Sec. 8513.0201. DIRECTORS; TERMS; QUALIFICATIONS
24	26		Sec. 8513.0202. DIRECTOR ELECTIONS
25	27		Sec. 8513.02025. CERTAIN DIRECTOR TERMS
26	28		Sec. 8513.0203. SUSPENSION AND REMOVAL
27	29		Sec. 8513.0204. VACANCY
28	30		Sec. 8513.0205. BYLAWS
29	31		Sec. 8513.0206. ORDINANCES
30	32		Sec. 8513.0207. BOND REQUIREMENT FOR DIRECTORS AND OFFICERS
31	33		Sec. 8513.0208. FILING OF OATH
32	34		Sec. 8513.0209. COMPENSATION OF DIRECTORS
33	35		Sec. 8513.0210. CERTAIN INTERESTS PROHIBITED
34	36		Sec. 8513.0211. OFFICERS
35	37		Sec. 8513.0212. DIRECTOR TRAINING PROGRAM
36	38		Sec. 8513.0213. MEETINGS
37	39		Sec. 8513.0214. POLICIES TO SEPARATE POLICY-MAKING AND
38	40		STAFF FUNCTIONS
39	41		Sec. 8513.0215. AGENTS, EMPLOYEES, AND PROFESSIONAL
40	42		CONSULTANTS
41	43		Sec. 8513.0216. MANAGER
42	44		Sec. 8513.0217. AUTHORITY'S DOMICILE AND OFFICE
43	45		Sec. 8513.0218. COMPLAINTS
44	46		Sec. 8513.0219. PUBLIC TESTIMONY AT BOARD MEETINGS
45	47		Sec. 8513.0220. CONTRACT WITH BEXAR COUNTY
46	48		SUBCHAPTER C. GENERAL POWERS AND DUTIES
47	49		Sec. 8513.0301. GENERAL POWERS
48	50		Sec. 8513.0302. TITLE AND RIGHT TO CONTROL; TRUST
49	51		Sec. 8513.0303. POWERS RELATING TO CONSERVATION AND
50	52		BENEFICIAL USE OF WATER
51	53		Sec. 8513.0304. POWERS REGARDING CANALS, WATERWAYS, AND
52	54		RELATED FACILITIES
53	55		Sec. 8513.0305. FEDERALLY CONSTRUCTED OR MAINTAINED
54	56		CANALS, WATERWAYS, AND FACILITIES
55	57		Sec. 8513.0306. POWER TO CONTROL, DEVELOP, STORE, AND USE
56	58		WATER FOR NAVIGATIONAL USE
57	59		Sec. 8513.0307. POWERS RELATING TO PARKS, RECREATIONAL
58	60		FACILITIES, AND PRESERVATION OF FISH AND WILDLIFE
59	61		Sec. 8513.0308. POWERS RELATING TO FLOOD CONTROL AND FLOOD
60	62		PLAIN MANAGEMENT
61	63		Sec. 8513.0309. ACQUISITION OF WATER OR WATER RIGHTS
62	64		Sec. 8513.0310. GENERAL WATER SUPPLY POWERS
63	65		Sec. 8513.0311. CONTRACTS TO SUPPLY WATER AND OPERATE
64	66		FACILITIES
65	67		Sec. 8513.0312. POWERS RELATING TO SOIL CONSERVATION
66	68		Sec. 8513.0313. WASTE MANAGEMENT
67	69		Sec. 8513.0314. POLLUTION PREVENTION
68	70		Sec. 8513.0315. FORESTATION AND REFORESTATION
69	71		Sec. 8513.0316. GENERAL AUTHORITY TO MAKE CONTRACTS AND
70	72		EXECUTE INSTRUMENTS
71	73		Sec. 8513.0317. AWARD OF CERTAIN WATER SUPPLY CONTRACTS
72	74		Sec. 8513.0318. AWARD OF CERTAIN CONSTRUCTION AND SERVICE
73	75		CONTRACTS
74	76		Sec. 8513.0319. ACQUISITION, MAINTENANCE, AND OPERATION OF
75	77		PROPERTY; EMINENT DOMAIN
76	78		Sec. 8513.0320. PRELIMINARY INVESTIGATIONS AND SURVEYS
77	79		Sec. 8513.0321. SALE, LEASE, MORTGAGE, OR OTHER DISPOSITION
78	80		OF AUTHORITY PROPERTY
79	81		Sec. 8513.0322. OVERFLOW OR INUNDATION OF PUBLIC PROPERTY;
80	82		RELOCATION OF ROADS
81	83		Sec. 8513.0323. COST OF RELOCATING OR ALTERING PROPERTY
82	84		Sec. 8513.0324. CONSTRUCTION, MAINTENANCE, AND OPERATION
83	85		OF FACILITIES
84	86		Sec. 8513.0325. FRANCHISES AND RIGHTS RELATING TO NAVIGABLE
85	87		CANALS AND WATERWAYS
86	88		Sec. 8513.0326. CONCESSIONS AND FRANCHISES RELATING TO
87	89		WORKS OF IMPROVEMENT, PARKS, RECREATIONAL FACILITIES, AND FISH OR
88	90		WILDLIFE PRESERVES AND RESERVES
89	91		Sec. 8513.0327. OFFICIAL NEWSPAPER
90	92		Sec. 8513.0328. AUTHORITY CONSTABULARY
91	93		Sec. 8513.0329. STATE SUPERVISION AND APPROVAL
92	94		Sec. 8513.0330. COORDINATION WITH NONPROFIT ORGANIZATION
93	95		SUBCHAPTER D. REGULATORY POWERS; ENFORCEMENT AND COURT REVIEW
94	96		PROVISIONS
95	97		Sec. 8513.0401. ADOPTION OF RULES
96	98		Sec. 8513.0402. ENFORCEMENT OF RULES; PENALTY
97	99		Sec. 8513.0403. NOTICE OF RULE PROVIDING PENALTY
98	100		Sec. 8513.0404. JUDICIAL NOTICE OF RULES
99	101		Sec. 8513.0405. RECOVERY OF LITIGATION FEES AND COSTS
100	102		Sec. 8513.0406. APPEAL BOND NOT REQUIRED
101	103		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
102	104		Sec. 8513.0501. OBLIGATION PAYABLE
103	105		Sec. 8513.0502. FISCAL YEAR
104	106		SUBCHAPTER F. TAX PROVISIONS
105	107		Sec. 8513.0601. MAINTENANCE AND ADMINISTRATION TAX
106	108		Sec. 8513.0602. ELECTION FOR AD VALOREM TAX
107	109		Sec. 8513.0603. PUBLIC HEARING; NOTICE
108	110		Sec. 8513.0604. MAXIMUM TAX RATE
109	111		Sec. 8513.0605. ASSESSMENT AND COLLECTION OF TAXES
110	112		Sec. 8513.0606. LEGISLATIVE INTENT
111	113		Sec. 8513.0607. APPLICABILITY
112	114		SUBCHAPTER G. BONDS, BORROWED MONEY, AND GRANTS
113	115		Sec. 8513.0701. BORROWED MONEY AND GRANTS
114	116		Sec. 8513.0702. POWER TO ISSUE BONDS
115	117		Sec. 8513.0703. TERMS OF ISSUANCE
116	118		Sec. 8513.0704. DEPOSIT OF PROCEEDS
117	119		Sec. 8513.0705. RESOLUTION PROVISIONS
118	120		Sec. 8513.0706. DEFAULT PROCEDURES
119	121		Sec. 8513.0707. POWER OF AUTHORITY TO PURCHASE BONDS ISSUED
120	122		BY AUTHORITY
121	123		Sec. 8513.0708. BONDS EXEMPT FROM TAXATION
122	124		SUBCHAPTER H. POLLUTION CONTROL DISTRICT
123	125		Sec. 8513.0801. POWER TO ESTABLISH POLLUTION CONTROL
124	126		DISTRICT
125	127		Sec. 8513.0802. RESOLUTION PROCEDURES CALLING FOR CREATION
126	128		OF POLLUTION CONTROL DISTRICT
127	129		Sec. 8513.0803. PUBLIC HEARING ON CREATION OF POLLUTION
128	130		CONTROL DISTRICT; NOTICE
129	131		Sec. 8513.0804. PUBLIC TESTIMONY ON CREATION OF POLLUTION
130	132		CONTROL DISTRICT
131	133		Sec. 8513.0805. MAINTENANCE TAX AND BOND ELECTION FOR
132	134		POLLUTION CONTROL DISTRICT
133	135		Sec. 8513.0806. JUDICIAL REVIEW OF RESOLUTION CALLING FOR
134	136		CREATION OF POLLUTION CONTROL DISTRICT
135	137		Sec. 8513.0807. FILING REQUIREMENT
136	138		Sec. 8513.0808. POLLUTION CONTROL DISTRICT TERRITORY
137	139		Sec. 8513.0809. ANNEXATION OF TERRITORY TO POLLUTION
138	140		CONTROL DISTRICT
139	141		Sec. 8513.0810. POWER TO ISSUE BONDS; TAX FOR POLLUTION
140	142		CONTROL DISTRICT
141	143		CHAPTER 8513. SAN ANTONIO RIVER AUTHORITY
142	144		SUBCHAPTER A. GENERAL PROVISIONS
143	145		Sec. 8513.0101. DEFINITIONS. In this chapter:
144	146		(1) "Authority" means the San Antonio River Authority.
145	147		(2) "Board" means the authority's board of directors.
146	148		(3) "Commission" means the Texas Commission on
147	149		Environmental Quality.
148	150		(4) "Director" means a board member.
149	151		(5) "Flood plain" means the area of the channel of a river or
150	152		stream and those portions of land abutting and adjacent to the
151	153		channel that are reasonably required to carry floodwaters.
152	154		(6) "San Antonio River Basin" means all of the area except
153	155		for Bandera, Real, and Kerr Counties that has topographic
154	156		characteristics causing surface waters to flow into the San Antonio
155	157		River and its tributaries.
156	158		(7) "State" means the State of Texas or any of its agencies,
157	159		departments, boards, political subdivisions, or other entities.
158	160		Sec. 8513.0102. NATURE OF AUTHORITY. (a) The authority is
159	161		a conservation and reclamation district under Section 59, Article
160	162		XVI, Texas Constitution.
161	163		(b) The authority's creation is essential to accomplish the
162	164		purposes of Section 59, Article XVI, Texas Constitution, including:
163	165		(1) construction, maintenance, and operation of
164	166		navigable canals and waterways; and
165	167		(2) control of the waters of all rivers, streams, and
166	168		tributaries of rivers and streams inside the authority.
167	169		Sec. 8513.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
168	170		All land included in the authority will benefit by the exercise of
169	171		power conferred by this chapter.
170	172		Sec. 8513.0104. REVIEW SCHEDULE UNDER SUNSET ACT. A review
171	173		of the authority under Section 325.025, Government Code, shall be
172	174		conducted as if the authority were a state agency scheduled to be
173	175		abolished September 1, 2035, and every 12th year after that year.
174	176		Sec. 8513.0105. TERRITORY. Unless modified under
175	177		Subchapter J, Chapter 49, Water Code, or other law, the authority's
176	178		territory includes all of that part of this state in the boundaries
177	179		of Bexar, Wilson, Karnes, and Goliad Counties.
178	180		Sec. 8513.0106. EFFECT OF CHAPTER ON CERTAIN PERSONS OR
179	181		ENTITIES. (a) If any power granted to the authority by this chapter
180	182		overlaps or conflicts with any power of the Guadalupe-Blanco River
181	183		Authority, as created by Chapter 410 (H.B. 138), Acts of the 44th
182	184		Legislature, 1st Called Session, 1935, the power granted to the
183	185		Guadalupe-Blanco River Authority supersedes the power granted to
184	186		the authority by this chapter, unless the Guadalupe-Blanco River
185	187		Authority consents to the authority's exercise of the power.
186	188		(b) No provision of this chapter divests any person of any
187	189		vested:
188	190		(1) riparian right;
189	191		(2) right derived under an existing permit for the
190	192		appropriation and use of public waters issued by the commission; or
191	193		(3) right derived under any certified filing with the
192	194		commission.
193	195		Sec. 8513.0107. LIBERAL CONSTRUCTION OF CHAPTER. This
194	196		chapter shall be liberally construed to effect its purposes.
195	197		Sec. 8513.0108. CORRECTION OF INVALID PROCEDURES. If the
196	198		board determines that any procedure under this chapter violates the
197	199		Texas Constitution or the United States Constitution, the board by
198	200		ordinance may provide an alternative procedure that conforms with
199	201		the constitution.
200	202		SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
201	203		Sec. 8513.0201. DIRECTORS; TERMS; QUALIFICATIONS. (a) The
202	204		board consists of 12 directors elected as follows:
203	205		(1) two directors elected at large from Goliad County;
204	206		(2) two directors elected at large from Karnes County;
205	207		(3) two directors elected at large from Wilson County;
206	208		(4) two directors elected at large from Bexar County;
207	209		and
208	210		(5) one director elected from each single-member
209	211		district representing the four county commissioner precincts in
210	212		Bexar County.
211	213		(b) Directors serve staggered four-year terms. An elected
212	214		director's term begins January 1 following the date of the
213	215		director's election.
214	216		(c) A director must:
215	217		(1) be at least 21 years of age;
216	218		(2) reside within the authority;
217	219		(3) reside in the county from which the director is
218	220		elected or appointed; and
219	221		(4) possess the qualifications of a juror.
220	222		(d) A director elected from a single-member district must
221	223		reside in the district from which the director is elected.
222	224		Sec. 8513.0202. DIRECTOR ELECTIONS. (a) The authority
223	225		shall hold an election to elect the appropriate number of directors
224	226		on the uniform election date in November of each odd-numbered year.
225	227		(b) The placing of the names of the candidates on the
226	228		ballots shall be determined by lot. A candidate or a designated
227	229		representative of the candidate may be present at the drawing.
228	230		(c) In the event of a tie for any director position, the
229	231		winner shall be determined by a majority of the board.
230	232		(e) Directors serving from single-member districts at the
231	233		time new single-member districts are adopted shall serve for the
232	234		remainder of the terms to which they were elected regardless of the
233	235		redistricting.
234	236		Sec. 8513.02025. CERTAIN DIRECTOR TERMS. (a) This section
235	237		applies only to the term of a director who is appointed or elected
236	238		on or after May 24, 2023.
237	239		(b) The two at-large director positions for Bexar County
238	240		shall be scheduled for election on the November uniform election
239	241		date in 2023. The person who receives the highest number of votes
240	242		shall be elected to the first at-large Bexar County director
241	243		position and shall serve a four-year term beginning January 1,
242	244		2024, and ending December 31, 2027. An election shall be scheduled
243	245		for that position on the November uniform election date in 2027 and
244	246		every four years thereafter. The person who receives the second
245	247		highest number of votes shall be elected to the second at-large
246	248		Bexar County director position and shall serve a two-year term
247	249		beginning January 1, 2024, and ending December 31, 2025. An
248	250		election shall be scheduled for that position on the November
249	251		uniform election date in 2025 and every four years thereafter for a
250	252		four-year term beginning on January 1 of the year following each
251	253		election.
252	254		(c) The following director positions shall be scheduled for
253	255		election on the November uniform election date in 2025 and every
254	256		four years thereafter, and the directors elected to each position
255	257		shall serve four-year terms beginning January 1 of the year
256	258		following each election:
257	259		(1) the single-member district director elected from
258	260		Bexar County commissioners court precinct 1;
259	261		(2) the single-member district director elected from
260	262		Bexar County commissioners court precinct 2;
261	263		(3) the at-large director position for Karnes County
262	264		for which an election was held, or scheduled to be held but canceled
263	265		because of an unopposed candidate, in November 2019;
264	266		(4) the at-large director position for Goliad County
265	267		for which an election was held, or scheduled to be held but canceled
266	268		because of an unopposed candidate, in November 2019; and
267	269		(5) the at-large director position for Wilson County
268	270		for which an election was held, or scheduled to be held but canceled
269	271		because of an unopposed candidate, in November 2019.
270	272		(d) The following director positions shall be scheduled for
271	273		election on the November uniform election date in 2027 and every
272	274		four years thereafter, and the directors elected to those director
273	275		positions shall serve four-year terms beginning January 1 of the
274	276		year following each election:
275	277		(1) the single-member district director elected from
276	278		Bexar County commissioners court precinct 3;
277	279		(2) the single-member district director elected from
278	280		Bexar County commissioners court precinct 4;
279	281		(3) the at-large director position for Karnes County
280	282		for which an election was held, or scheduled to be held but canceled
281	283		because of an unopposed candidate, in November 2021;
282	284		(4) the at-large director position for Goliad County
283	285		for which an election was held, or scheduled to be held but canceled
284	286		because of an unopposed candidate, in November 2021; and
285	287		(5) the at-large director position for Wilson County
286	288		for which an election was held, or scheduled to be held but canceled
287	289		because of an unopposed candidate, in November 2021.
288	290		(e) The members of the board of directors serving in the
289	291		director positions described by Subsections (b), (c), and (d) on
290	292		May 23, 2023, shall continue to serve until their successors have
291	293		been elected and qualified.
292	294		(f) This section expires September 1, 2029.
293	295		Sec. 8513.0203. SUSPENSION AND REMOVAL. (a) A director or
294	296		officer may be suspended or removed from office for:
295	297		(1) incompetency;
296	298		(2) official misconduct;
297	299		(3) official gross negligence;
298	300		(4) habitual drunkenness; or
299	301		(5) nonattendance at six consecutive regular board
300	302		meetings.
301	303		(b) A director or officer may not be suspended or removed
302	304		from office unless:
303	305		(1) charges against the director or officer are filed
304	306		in writing; and
305	307		(2) the director or officer is given an opportunity
306	308		for a fair hearing before the board.
307	309		(c) An affirmative vote of not fewer than eight of the
308	310		directors is required to suspend or remove a director or officer.
309	311		Sec. 8513.0204. VACANCY. The governor, with the advice and
310	312		consent of the senate, shall fill a vacancy on the board for the
311	313		unexpired term.
312	314		Sec. 8513.0205. BYLAWS. The board shall adopt bylaws for
313	315		the management of the authority's affairs.
314	316		Sec. 8513.0206. ORDINANCES. (a) The board may, by a
315	317		majority and to the extent necessary to exercise the authority's
316	318		powers and rights, adopt an ordinance:
317	319		(1) not adequately provided by Chapters 49 or 51,
318	320		Water Code;
319	321		(2) germane and appropriate to the accomplishment and
320	322		purposes of this chapter; and
321	323		(3) consistent with a specific power conferred on a
322	324		county, municipality, water improvement district, water control
323	325		and improvement district, drainage district, navigation district,
324	326		canal corporation, channel and dock corporation, deep water
325	327		corporation, railway corporation, terminal railway corporation,
326	328		telegraph and telephone corporation, or other similar entity.
327	329		(b) The board is not required to provide notice before
328	330		adopting an ordinance, except as otherwise required for a regular
329	331		or special board meeting.
330	332		(c) The board:
331	333		(1) shall file an adopted ordinance in the authority's
332	334		official records; and
333	335		(2) may, if the board considers it necessary and
334	336		proper:
335	337		(A) file certified copies of the ordinance in the
336	338		office of the county clerk in each county in the authority where the
337	339		ordinance applies; or
338	340		(B) publish the ordinance at least once per week
339	341		for two weeks in a newspaper of general circulation in each county
340	342		where the ordinance applies.
341	343		(d) An adopted ordinance takes effect after the filing
342	344		requirements of Subsection (c) are met.
343	345		(e) After an ordinance takes effect, the county clerk shall
344	346		file and record all certified copies of the ordinance in the county.
345	347		The county clerk shall charge the same fee for filing and recording
346	348		the ordinance as for recording a deed of conveyance.
347	349		(f) An ordinance granting a power or mode of procedure
348	350		adopted under this section does not limit the accomplishment of the
349	351		purposes of this chapter.
350	352		Sec. 8513.0207. BOND REQUIREMENT FOR DIRECTORS AND
351	353		OFFICERS. (a) Not later than the 15th day after the date of
352	354		election or appointment, a director or officer shall file a good and
353	355		sufficient bond with the board secretary.
354	356		(b) The bond must be:
355	357		(1) in the amount of $5,000;
356	358		(2) payable to the authority;
357	359		(3) conditioned on the faithful performance of duties
358	360		as a director or officer; and
359	361		(4) subject to approval by the board secretary.
360	362		Sec. 8513.0208. FILING OF OATH. Before assuming the duties
361	363		of office, each director shall file with the board secretary a copy
362	364		of the constitutional oath of office taken by the director.
363	365		Sec. 8513.0209. COMPENSATION OF DIRECTORS. (a) A director
364	366		is entitled to receive reimbursement for reasonable expenses and an
365	367		allowance as provided under Section 49.060, Water Code.
366	368		(b) A director is not entitled to receive a per diem
367	369		allowance for more than 60 days in a fiscal year.
368	370		(c) In all areas of conflict with this section, Section
369	371		49.060, Water Code, takes precedence.
370	372		Sec. 8513.0210. CERTAIN INTERESTS PROHIBITED. (a) A
371	373		director may not engage in a transaction with the authority for gain
372	374		or profit.
373	375		(b) An officer of the authority may not have any interest,
374	376		direct or indirect, in any contract awarded by the authority.
375	377		Sec. 8513.0211. OFFICERS. (a) The board shall appoint by
376	378		majority vote a chair, a vice-chair, a secretary, a treasurer, and
377	379		other officers or assistant officers the board considers necessary.
378	380		(b) The chair, the vice-chair, the secretary, and the
379	381		treasurer must each be a director. Assistant officers are not
380	382		required to be directors.
381	383		(c) An officer shall serve a term of two years.
382	384		(d) A non-director assistant officer:
383	385		(1) holds office at the pleasure of the board; and
384	386		(2) may be granted limited powers in the authority
385	387		bylaws.
386	388		(e) The authority may appoint officers, prescribe their
387	389		duties, and set their compensation.
388	390		Sec. 8513.0212. DIRECTOR TRAINING PROGRAM. (a) A person
389	391		who is elected or appointed to and qualifies for office as a
390	392		director may not vote, deliberate, or be counted as a director in
391	393		attendance at a board meeting until the person completes a training
392	394		program that complies with this section.
393	395		(b) The training program must provide the person with
394	396		information regarding:
395	397		(1) the law governing authority operations;
396	398		(2) the authority's programs, functions, rules, and
397	399		budget;
398	400		(3) the scope of and limitations on the rulemaking
399	401		authority of the board;
400	402		(4) the results of the authority's most recent formal
401	403		audit;
402	404		(5) the requirements of:
403	405		(A) laws relating to open meetings, public
404	406		information, administrative procedure, and disclosure of conflicts
405	407		of interest; and
406	408		(B) other laws applicable to members of the
407	409		governing body of a river authority in performing their duties; and
408	410		(6) any applicable ethics policies adopted by the
409	411		authority or the Texas Ethics Commission.
410	412		(c) A person elected or appointed to the board is entitled
411	413		to reimbursement for the travel expenses incurred in attending the
412	414		training program regardless of whether the attendance at the
413	415		program occurs before or after the person qualifies for office.
414	416		(d) The manager of the authority shall create a training
415	417		manual that includes the information required by Subsection (b).
416	418		The manager shall distribute a copy of the training manual annually
417	419		to each director. Each director shall sign and submit to the manager
418	420		a statement acknowledging that the director has received and
419	421		reviewed the training manual.
420	422		Sec. 8513.0213. MEETINGS. (a) Regular and special board
421	423		meetings shall be held as provided by general law and the bylaws.
422	424		(b) Notice of regular and special board meetings shall be
423	425		given as required by general law and the bylaws.
424	426		(c) All meetings of the board shall be open to the public.
425	427		Sec. 8513.0214. POLICIES TO SEPARATE POLICY-MAKING AND
426	428		STAFF FUNCTIONS. The board shall develop and implement policies
427	429		that clearly separate the board's policy-making responsibilities
428	430		and the management responsibilities of the manager and authority
429	431		staff.
430	432		Sec. 8513.0215. AGENTS, EMPLOYEES, AND PROFESSIONAL
431	433		CONSULTANTS. (a) The authority may appoint agents, employees, and
432	434		professional consultants, prescribe their duties, and set their
433	435		compensation.
434	436		(b) An agent, employee, or professional consultant may not
435	437		have any interest, direct or indirect, in any contract awarded by
436	438		the authority.
437	439		Sec. 8513.0216. MANAGER. (a) The board may employ a
438	440		manager to be the authority's chief executive officer.
439	441		(b) The board shall set the compensation to be paid to the
440	442		manager.
441	443		(c) The manager shall employ and supervise, subject to
442	444		policies promulgated by the Board, all employees, agents,
443	445		accountants, attorneys, engineers and others rendering
444	446		professional services to the authority. The manager may execute on
445	447		behalf of the authority, without specific board authorization, a
446	448		contract for which competitive bidding is not required. The manager
447	449		may execute any other contract with specific board authorization.
448	450		Sec. 8513.0217. AUTHORITY'S DOMICILE AND OFFICE. The
449	451		general office and place of domicile of the authority shall be in
450	452		the City of San Antonio, Bexar County.
451	453		Sec. 8513.0218. COMPLAINTS. (a) The authority shall
452	454		maintain a system to act promptly and efficiently on complaints
453	455		filed with the authority.
454	456		(b) The authority shall maintain information about:
455	457		(1) the parties to the complaint;
456	458		(2) the subject matter of the complaint;
457	459		(3) a summary of the results of the review or
458	460		investigation of the complaint; and
459	461		(4) the complaint's disposition.
460	462		(c) The authority shall periodically notify the parties to
461	463		the complaint of the complaint's status until final disposition
462	464		unless the notice would jeopardize an investigation.
463	465		(d) The authority shall make information available
464	466		describing its procedures for complaint investigation and
465	467		resolution.
466	468		Sec. 8513.0219. PUBLIC TESTIMONY AT BOARD MEETINGS. The
467	469		board shall develop and implement policies that provide the public
468	470		with a reasonable opportunity to appear before the board and to
469	471		speak on any issue under the jurisdiction of the authority.
470	472		Sec. 8513.0220. CONTRACT WITH BEXAR COUNTY. (a) This
471	473		section applies only to a contract between the authority and the
472	474		Commissioners Court of Bexar County entered into before May 26,
473	475		1961, to finance the construction of certain flood control and soil
474	476		conservation works of improvement in Bexar County.
475	477		(b) Except as provided by Subsection (c), the authority may
476	478		not spend any income or revenue derived from the contract for a
477	479		purpose other than a purpose specifically provided for by the
478	480		contract.
479	481		(c) The board may allocate a reasonable amount of income or
480	482		revenue derived from the contract to pay for:
481	483		(1) authority overhead costs;
482	484		(2) operational costs; and
483	485		(3) fees of directors who reside in Bexar County.
484	486		SUBCHAPTER C. GENERAL POWERS AND DUTIES
485	487		Sec. 8513.0301. GENERAL POWERS. (a) The authority shall:
486	488		(1) administer this chapter; and
487	489		(2) use the authority's facilities and powers to
488	490		accomplish the purposes of this chapter.
489	491		(b) The authority may:
490	492		(1) exercise the powers, rights, privileges, and
491	493		functions in this chapter;
492	494		(2) exercise all powers, rights, privileges, and
493	495		functions necessary or convenient for accomplishing the purposes of
494	496		this chapter; and
495	497		(3) perform any other act necessary or convenient to
496	498		the exercise of the powers, rights, privileges, and functions
497	499		conferred by this chapter or other law.
498	500		(c) The authority has the powers and rights and is subject
499	501		to the regulations for government and procedure contained in
500	502		Chapters 49 and 51, Water Code.
501	503		(d) The authority may spend any amount reasonably necessary
502	504		or expedient for seeking cooperation from the federal government or
503	505		any other person in accomplishing the purposes of this chapter.
504	506		Sec. 8513.0302. TITLE AND RIGHT TO CONTROL; TRUST. (a) The
505	507		authority is vested with such title and right of control to the
506	508		extent the state has, or may have, title and right of control of:
507	509		(1) the natural bed and banks of the entirety of the
508	510		San Antonio River;
509	511		(2) a tributary of the San Antonio River inside the
510	512		authority; and
511	513		(3) the natural beds and banks of any navigable stream
512	514		or tributary inside the authority.
513	515		(b) The authority's title and right of control shall be in
514	516		trust for the accomplishment of the purposes of this chapter.
515	517		(c) The authority may use or dispose of land or rights,
516	518		including any proceeds, income, revenue, or trading values received
517	519		from the use or disposition, that may be reasonably required for or
518	520		aid the accomplishment of the purposes of this chapter.
519	521		Sec. 8513.0303. POWERS RELATING TO CONSERVATION AND
520	522		BENEFICIAL USE OF WATER. (a) The authority has the powers of this
521	523		state under Section 59, Article XVI, Texas Constitution, to:
522	524		(1) effectuate:
523	525		(A) the construction, maintenance, and operation
524	526		of navigable canals or waterways;
525	527		(B) flood control;
526	528		(C) the conservation and use of ground, storm,
527	529		flood, and unappropriated flow waters in the authority for all
528	530		beneficial purposes;
529	531		(D) irrigation;
530	532		(E) soil conservation;
531	533		(F) sewage treatment;
532	534		(G) pollution prevention; and
533	535		(H) forestation and reforestation;
534	536		(2) encourage and develop parks and recreational
535	537		facilities;
536	538		(3) preserve fish; and
537	539		(4) do all things that are required to accomplish the
538	540		purposes of this section.
539	541		(b) The powers described by Subsection (a) are subject only
540	542		to:
541	543		(1) the legislature's policy declarations regarding
542	544		water use;
543	545		(2) the commission's continuing supervision and
544	546		control;
545	547		(3) the provisions of Section 11.024, Water Code,
546	548		prescribing the priorities of water uses; and
547	549		(4) the water rights acquired by municipalities and
548	550		other users.
549	551		(c) The authority shall store and conserve to the greatest
550	552		beneficial use the storm, flood, and unappropriated flow waters of
551	553		any river or stream or tributary of a river or stream within the
552	554		authority to prevent the escape of water without maximum beneficial
553	555		use inside or outside the authority's boundaries.
554	556		Sec. 8513.0304. POWERS REGARDING CANALS, WATERWAYS, AND
555	557		RELATED FACILITIES. The authority may:
556	558		(1) promote, construct, maintain and operate, make
557	559		practicable, or aid and encourage the construction, maintenance,
558	560		and operation of navigable canals or waterways and all navigational
559	561		systems or facilities auxiliary to navigable canals or waterways
560	562		using the natural bed and banks of the San Antonio River, where
561	563		practicable, and then traversing a route the authority may find to
562	564		be more feasible and practicable to connect the San Antonio River
563	565		with any new navigable canals to be constructed in the lower reaches
564	566		of the San Antonio River or to connect the San Antonio River with
565	567		the Gulf Intracoastal Waterway, the San Antonio Bay, or the Gulf of
566	568		Mexico;
567	569		(2) construct a system of artificial waterways and canals,
568	570		together with all locks and other works, structures, and artificial
569	571		facilities as may be necessary and convenient for the construction,
570	572		maintenance, and operation of:
571	573		(A) navigable canals or waterways; and
572	574		(B) all navigational systems and facilities auxiliary
573	575		to navigable canals or waterways; and
574	576		(3) in the case of construction of navigable canals or
575	577		waterways and all auxiliary navigational systems or facilities by
576	578		the federal government or otherwise:
577	579		(A) construct, maintain, and operate lateral
578	580		connecting canals and turning basins to serve local needs; and
579	581		(B) provide, construct, acquire, take over, maintain,
580	582		operate, develop, lease, regulate, or by franchise control wharves,
581	583		docks, warehouses, grain elevators, bunkering facilities, belt or
582	584		terminal railroads, floating plants, lighterage, towing
583	585		facilities, and all other facilities incident to or in aid of the
584	586		efficient operation and development of canals or waterways and all
585	587		navigational systems or auxiliary facilities and ports, whether on
586	588		land or water.
587	589		Sec. 8513.0305. FEDERALLY CONSTRUCTED OR MAINTAINED
588	590		CANALS, WATERWAYS, AND FACILITIES. If the construction or
589	591		maintenance and operation of navigable canals or waterways and all
590	592		navigational systems or facilities auxiliary to navigable canals or
591	593		waterways on the San Antonio River is taken over by the federal
592	594		government or an agency of the federal government, the authority
593	595		may:
594	596		(1) enter into contracts that may be required by the federal
595	597		government, including assignments and transfers of property,
596	598		property rights, easements, and privileges; and
597	599		(2) take any other action required by the federal government
598	600		or an agency of the federal government.
599	601		Sec. 8513.0306. POWER TO CONTROL, DEVELOP, STORE, AND USE
600	602		WATER FOR NAVIGATIONAL USE. (a) The authority may control,
601	603		develop, store, and use the natural flow and floodwaters of the San
602	604		Antonio River and its tributaries for the purpose of operating and
603	605		maintaining:
604	606		(1) navigable canals or waterways; and
605	607		(2) navigational systems or facilities auxiliary to
606	608		navigable canals or waterways.
607	609		(b) The navigational use of water authorized by Subsection
608	610		(a) is subordinate and incidental to consumptive use of water.
609	611		Sec. 8513.0307. POWERS RELATING TO PARKS, RECREATIONAL
610	612		FACILITIES, AND PRESERVATION OF FISH AND WILDLIFE. (a) The
611	613		authority may acquire:
612	614		(1) additional land adjacent to a permanent
613	615		improvement constructed inside the authority for the purpose of
614	616		developing parks or recreational facilities; and
615	617		(2) necessary rights-of-way to construct, operate,
616	618		and maintain roads necessary for ingress and egress to an area
617	619		described by Subdivision (1) or to a fish or wildlife preserve or
618	620		reserve.
619	621		(b) The authority may provide recreational facilities and
620	622		services and may enter into a contract or agreement with any person
621	623		for the operation or maintenance of a park or recreational
622	624		facility.
623	625		(c) The preservation of fish shall be in accordance with any
624	626		rules prescribed by the Parks and Wildlife Department.
625	627		Sec. 8513.0308. POWERS RELATING TO FLOOD CONTROL AND FLOOD
626	628		PLAIN MANAGEMENT. (a) The authority shall prevent and aid in the
627	629		prevention of damage to persons and property by the overflow of any
628	630		rivers, streams, or tributaries of those rivers and streams within
629	631		the authority.
630	632		(b) The authority may study, designate, and regulate flood
631	633		plains within the authority.
632	634		Sec. 8513.0309. ACQUISITION OF WATER OR WATER RIGHTS. (a)
633	635		The authority may acquire water appropriation permits or certified
634	636		filings within or outside the authority directly from the
635	637		commission or from permit owners.
636	638		(b) The authority may purchase water, water supply
637	639		facilities, or conservation storage capacity from any person.
638	640		Sec. 8513.0310. GENERAL WATER SUPPLY POWERS.
639	641		(a) The authority, inside or outside its boundaries, may:
640	642		(1) construct, acquire, equip, acquire storage rights
641	643		at, operate, or maintain a dam or reservoir;
642	644		(2) construct, operate, maintain, or otherwise
643	645		provide water supply lines, water purification, and water pumping
644	646		systems and facilities;
645	647		(3) provide water supply for municipalities,
646	648		including selling water and standby service to any person;
647	649		(4) provide water for irrigation of lands and the
648	650		development of commercial and industrial enterprises; and
649	651		(5) acquire storage capacity in any dam constructed or
650	652		to be constructed by or with the assistance of this state or the
651	653		United States from any person, this state, or the United States.
652	654		(b) The authority may bring water into the authority.
653	655		(c) It is the intent of this chapter that the authority is
654	656		primarily concerned with the conservation, control, storage,
655	657		distribution, and sale of water in bulk quantities in the public
656	658		interest and only incidentally with the retail sale of water
657	659		insofar as it does not compete with municipal water distributors
658	660		and then only when necessary or convenient as a service to the
659	661		public.
660	662		Sec. 8513.0311. CONTRACTS TO SUPPLY WATER AND OPERATE
661	663		FACILITIES. (a) The authority may contract with a user of water
662	664		inside or outside the authority for services for which the
663	665		authority may charge, including standby service and delivery of
664	666		water.
665	667		(b) The authority may contract with any person in the manner
666	668		provided by Section 552.020, Local Government Code, for:
667	669		(1) constructing:
668	670		(A) reservoirs;
669	671		(B) dams;
670	672		(C) water supply lines; and
671	673		(D) water purification and pumping facilities;
672	674		and
673	675		(2) furnishing water supply service.
674	676		(c) A contract under Subsection (b) may provide for the
675	677		operation, maintenance, and ownership of property subject to the
676	678		contract.
677	679		Sec. 8513.0312. POWERS RELATING TO SOIL CONSERVATION.
678	680		(a) The authority may act as a local sponsoring agent for or
679	681		otherwise aid and supplement upstream soil and water conservation
680	682		and flood prevention projects authorized by a state or federal
681	683		agency in conjunction with a soil and water conservation district.
682	684		(b) The authority may make arrangements satisfactory to the
683	685		United States Secretary of Agriculture to defray the cost of
684	686		maintaining or operating a project under Subsection (a). An
685	687		arrangement made under this section must be in accordance with
686	688		regulations presented by the secretary of agriculture.
687	689		(c) Any portion of the total construction costs of a project
688	690		described by Subsection (a) allocable to flood control or soil
689	691		conservation shall be paid for or financed by money originating in
690	692		the county in which the project is situated. The money may be of any
691	693		kind, except from a tax imposed under Subchapter F.
692	694		Sec. 8513.0313. WASTE MANAGEMENT. (a) As a necessary aid
693	695		to the conservation, control, preservation, purification, and
694	696		distribution of surface and ground waters within the authority, the
695	697		authority may, within the San Antonio River Basin:
696	698		(1) construct, own, operate, maintain, or otherwise
697	699		provide sewage gathering, treatment, and disposal services,
698	700		including solid waste disposal services;
699	701		(2) charge for services described by Subdivision (1);
700	702		and
701	703		(3) make contracts with counties, municipalities, and
702	704		others regarding services described by Subdivision (1) or charges
703	705		described by Subdivision (2).
704	706		(b) The authority may not exercise the powers described by
705	707		Subsection (a) in Kerr, Real, or Bandera County unless consented to
706	708		by a majority vote of the commissioners court of that county.
707	709		Sec. 8513.0314. POLLUTION PREVENTION. (a) The authority
708	710		may study, correct, and control pollution, including natural,
709	711		artificial, organic, inorganic, and thermal pollution, of the
710	712		groundwater and surface water within the San Antonio River Basin.
711	713		(b) The authority may not adopt or enforce an ordinance
712	714		regarding pollution in any county outside the authority's
713	715		boundaries.
714	716		Sec. 8513.0315. FORESTATION AND REFORESTATION. The
715	717		authority may forest, reforest, or aid in foresting or reforesting
716	718		of all areas within the authority.
717	719		Sec. 8513.0316. GENERAL AUTHORITY TO MAKE CONTRACTS AND
718	720		EXECUTE INSTRUMENTS. The authority may enter into a contract or
719	721		execute an instrument necessary or convenient to exercising a
720	722		power, right, privilege, or function conferred on the authority by
721	723		this chapter.
722	724		Sec. 8513.0317. AWARD OF CERTAIN WATER SUPPLY CONTRACTS.
723	725		(a) This section applies to:
724	726		(1) a wholesale contract for:
725	727		(A) the sale, purchase, procurement,
726	728		distribution, or supply of water or conservation storage capacity;
727	729		or
728	730		(B) construction of a navigable canal or
729	731		waterway; or
730	732		(2) a contract authorized under Section 561.003, Local
731	733		Government Code.
732	734		(b) Before entering into a contract under this section, the
733	735		manager shall publish notice describing the general nature of the
734	736		contract in a newspaper of general circulation in each county
735	737		within the authority where the contract is to have effect.
736	738		(c) The board may consider and act on a contract at any
737	739		regular board meeting following the last date of publication of
738	740		notice required under this section.
739	741		(d) The board shall confirm or ratify a contract by a
740	742		majority vote.
741	743		(e) A contract may be the sole basis or a supplement to the
742	744		basis for securing a bond of the authority.
743	745		Sec. 8513.0318. AWARD OF CERTAIN CONSTRUCTION AND SERVICE
744	746		CONTRACTS. (a) The board shall award any construction,
745	747		maintenance, operation, or repair contract, contract for the
746	748		purchase of material, equipment, or supplies, or contract for
747	749		services if the contract will require an estimated expenditure of
748	750		more than the maximum amount for which competitive bidding is
749	751		required by Chapter 49, Water Code, to the lowest and best bidder.
750	752		(b) The board:
751	753		(1) shall:
752	754		(A) before awarding a contract under this
753	755		section, publish notice to bidders once each week for two
754	756		consecutive weeks; and
755	757		(B) adopt bylaws for the publication of notice to
756	758		bidders and any related procedures; and
757	759		(2) may prescribe the amount of estimated expenditures
758	760		subject to competitive bidding.
759	761		(c) In the event of an emergency, the authority may award a
760	762		contract necessary to protect and preserve the public health and
761	763		welfare or the authority's property without using bidding
762	764		procedures.
763	765		(d) A director is ineligible to submit a bid for a contract
764	766		under this section.
765	767		(e) Notwithstanding this section, the authority may:
766	768		(1) purchase surplus property from the United States
767	769		by negotiated contract and without advertising for bids; and
768	770		(2) use any procurement method under:
769	771		(A) Chapter 49, Water Code; or
770	772		(B) other applicable general law.
771	773		(f) This section does not apply to a purchase contract, a
772	774		procurement contract, or a contract described by Section 49.278,
773	775		Water Code.
774	776		Sec. 8513.0319. ACQUISITION, MAINTENANCE, AND OPERATION OF
775	777		PROPERTY; EMINENT DOMAIN. (a) The authority may acquire by
776	778		purchase, lease, gift, or any other manner and maintain, use, and
777	779		operate property of any kind inside or outside the authority
778	780		necessary to the exercise of the powers, rights, privileges, and
779	781		functions conferred on the authority by this chapter and by the
780	782		exercise of the power of eminent domain in the manner provided by
781	783		Subsection (b).
782	784		(b) The authority may exercise the power of eminent domain
783	785		in the manner provided by the general law applicable to a district
784	786		created under Section 59, Article XVI, Texas Constitution.
785	787		(c) The authority's authority under this section to
786	788		exercise the power of eminent domain expired on September 1, 2013,
787	789		unless the authority submitted a letter to the comptroller in
788	790		accordance with Section 2206.101(b), Government Code, not later
789	791		than December 31, 2012.
790	792		Sec. 8513.0320. PRELIMINARY INVESTIGATIONS AND SURVEYS.
791	793		(a) The authority may make preliminary investigations and surveys
792	794		in the manner and for the purposes specified in Chapters 49 and 51,
793	795		Water Code, or other applicable general law.
794	796		(b) The authority may make a preliminary investigation or
795	797		survey independently at its own cost or jointly with others or may
796	798		contribute to the cost of a preliminary investigation or survey
797	799		made by another.
798	800		(c) For purposes of procuring cooperation by the federal
799	801		government, any project lawfully within the scope of the purposes
800	802		of this chapter may be approved for construction as a federal
801	803		project under such contractual terms as may be demanded by the
802	804		United States Congress.
803	805		Sec. 8513.0321. SALE, LEASE, MORTGAGE, OR OTHER DISPOSITION
804	806		OF AUTHORITY PROPERTY. (a) The authority may not:
805	807		(1) mortgage or otherwise encumber authority property
806	808		of any kind, or any interest in authority property; or
807	809		(2) acquire any property or interest in property
808	810		subject to a mortgage or conditional sale.
809	811		(b) Subsection (a) does not prevent pledging authority
810	812		revenue or income of any kind, except an ad valorem tax imposed by
811	813		the authority under Section 8513.0601.
812	814		(c) This chapter does not authorize the sale, lease, or
813	815		other disposition of authority property of any kind, or an interest
814	816		in authority property, by the authority or a receiver of any
815	817		authority property unless authorized under this chapter or
816	818		applicable general law.
817	819		(d) Notwithstanding Subsection (c), the authority may sell
818	820		or otherwise dispose of authority property of any kind, or an
819	821		interest in authority property, if the board, by the affirmative
820	822		vote of a majority of members of the board present at a regular or
821	823		special meeting, determines that the property or interest is not
822	824		convenient to the business of the authority and is surplus.
823	825		(e) The board shall publish notice of a proposed sale once
824	826		each week for two consecutive weeks in a newspaper of general
825	827		circulation in the county or counties where the property or
826	828		interest is located if:
827	829		(1) the appraised value of the property or interest
828	830		exceeds $5,000; and
829	831		(2) the property or interest is not partial or total
830	832		consideration in a transaction for the exchange of property.
831	833		(f) Authority property is exempt from forced sale. The sale
832	834		of authority property under a judgment rendered in a suit is
833	835		prohibited.
834	836		Sec. 8513.0322. OVERFLOW OR INUNDATION OF PUBLIC PROPERTY;
835	837		RELOCATION OF ROADS. The authority may overflow and inundate any
836	838		public land or public property and require the relocation of a road
837	839		or highway in the manner and to the extent permitted to a district
838	840		organized under general law pursuant to Section 59, Article XVI,
839	841		Texas Constitution.
840	842		Sec. 8513.0323. COST OF RELOCATING OR ALTERING PROPERTY.
841	843		If the authority's exercise of the power of eminent domain, the
842	844		power of relocation, or any other power granted by this chapter
843	845		makes necessary relocating, raising, rerouting, changing the grade
844	846		of, or altering the construction of a railroad or street railway,
845	847		the necessary action shall be accomplished at the authority's sole
846	848		expense.
847	849		Sec. 8513.0324. CONSTRUCTION, MAINTENANCE, AND OPERATION
848	850		OF FACILITIES. The authority may construct, extend, improve,
849	851		maintain, and reconstruct, cause to be constructed, extended,
850	852		improved, maintained, and reconstructed, and use and operate
851	853		facilities of any kind necessary or convenient to the exercise of
852	854		the authority's powers, rights, privileges, and functions.
853	855		Sec. 8513.0325. FRANCHISES AND RIGHTS RELATING TO NAVIGABLE
854	856		CANALS AND WATERWAYS. (a) The authority may grant a franchise or
855	857		right to any person for the use of navigable canals or waterways and
856	858		all auxiliary navigational systems or facilities to aid navigation
857	859		of navigable canals or waterways of the San Antonio River.
858	860		(b) Unless granted a franchise by the authority, a person
859	861		may not provide, maintain, or operate a facility of aid of
860	862		navigation connected with a navigable canal or waterway described
861	863		by Subsection (a) or an auxiliary navigational system or facility
862	864		that is intended for public use.
863	865		(c) The board may grant a franchise by ordinance. A
864	866		franchise:
865	867		(1) may not exceed a term of 50 years; and
866	868		(2) may be for the design, construction, repair,
867	869		enlargement, alteration, maintenance, operation of, and service
868	870		from or use of any facility to be provided for use in navigation on
869	871		navigable canals or waterways and all auxiliary navigational
870	872		systems or facilities, whether on land or in or on water.
871	873		(d) An ordinance granting a franchise:
872	874		(1) must:
873	875		(A) contain provisions:
874	876		(i) adequate to regulate the fees, tolls,
875	877		rates, or exactions to be demanded for the use of, or service to be
876	878		rendered by any means or facility to be provided or operated under,
877	879		the franchise; and
878	880		(ii) reasonably required to procure service
879	881		adequate to serve the public necessity and convenience; and
880	882		(B) be uniform, reasonable, and without
881	883		discrimination against any person with regard to any charges or
882	884		conditions of use or service; and
883	885		(2) may:
884	886		(A) contain provisions for the payment of
885	887		reasonable fees or other charges to be paid to the authority; and
886	888		(B) provide reasonable and commensurate
887	889		penalties as provided by Section 49.004, Water Code, to procure
888	890		observance of the conditions of a franchise granted or compliance
889	891		with the rules established by the ordinance.
890	892		(e) The board may:
891	893		(1) require uniform and adequate analytic accounting
892	894		systems and forms and periodic reports based on those systems and
893	895		forms;
894	896		(2) audit a franchise holder;
895	897		(3) provide for other reasonable regulations designed
896	898		to protect the public; and
897	899		(4) by ordinance:
898	900		(A) establish rules necessary or designed to:
899	901		(i) protect physical property owned by the
900	902		authority or owned or operated by a franchise holder; or
901	903		(ii) effect the safety or efficient use of
902	904		property described by Subparagraph (i); and
903	905		(B) provide for reasonable and commensurate
904	906		penalties for a violation of this section, as provided by Section
905	907		49.004, Water Code.
906	908		(f) Unless otherwise provided, a franchise granted under
907	909		this section may only be revoked or suspended by order of a district
908	910		court within the county in which the authority may maintain its
909	911		general office.
910	912		Sec. 8513.0326. CONCESSIONS AND FRANCHISES RELATING TO
911	913		WORKS OF IMPROVEMENT, PARKS, RECREATIONAL FACILITIES, AND FISH OR
912	914		WILDLIFE PRESERVES AND RESERVES. The authority my grant to any
913	915		person a concession or franchise on the premises of any work of
914	916		improvement, park, recreational facility, or fish or wildlife
915	917		preserve or reserve.
916	918		Sec. 8513.0327. OFFICIAL NEWSPAPER. The authority may
917	919		designate an official newspaper in each county in the authority. An
918	920		official newspaper must have general circulation in the county in
919	921		which the newspaper is situated.
920	922		Sec. 8513.0328. AUTHORITY CONSTABULARY. (a) The authority
921	923		may constitute and maintain an independent constabulary.
922	924		(b) A constabulary constituted under this section is
923	925		subject to the oath and bond requirements of a county sheriff under
924	926		Section 85.001, Local Government Code.
925	927		(c) A constabulary shall police authority property and
926	928		facilities controlled by the authority.
927	929		(d) A constabulary may make arrests:
928	930		(1) to prevent injury to authority property and
929	931		facilities controlled by the authority or for a violation of a penal
930	932		ordinance of the authority; and
931	933		(2) inside or outside the authority, upon complaint or
932	934		indictment for a violation of a penal ordinance of the authority.
933	935		Sec. 8513.0329. STATE SUPERVISION AND APPROVAL. (a) The
934	936		commission shall cooperate with the authority to:
935	937		(1) make investigations and plans; and
936	938		(2) to the extent provided by Subsection (b), approve
937	939		investigations and plans for improvements provided by the
938	940		authority.
939	941		(b) This section applies only to commission approval of
940	942		plans that are appropriate under general law.
941	943		(c) Except for a plan regarding the use of water that is
942	944		permitted by the state, a plan for improvements adopted by the
943	945		federal government controls.
944	946		Sec. 8513.0330. COORDINATION WITH NONPROFIT ORGANIZATION.
945	947		(a) In this section, "affiliated nonprofit organization" means a
946	948		nonprofit organization:
947	949		(1) created by the authority; or
948	950		(2) for which the authority, board, or authority
949	951		employees have a right to appoint one or more of the members of the
950	952		nonprofit organization's governing body.
951	953		(b) The authority may contract or otherwise coordinate with
952	954		a nonprofit organization, including an affiliated nonprofit
953	955		organization, to accomplish the purposes of the authority.
954	956		(c) Directors may not constitute a majority of the board of
955	957		directors or other governing body of an affiliated nonprofit
956	958		organization. An authority employee may not serve on the board of
957	959		directors or other governing body of an affiliated nonprofit
958	960		organization.
959	961		(d) The board shall develop a policy regarding fund-raising
960	962		activities of a nonprofit organization that enters into a contract
961	963		or otherwise coordinates with the authority. The policy must:
962	964		(1) include acceptable and prohibited fund-raising
963	965		activities;
964	966		(2) specify how fund-raising is conducted and
965	967		supervised; and
966	968		(3) include criteria for seeking and selecting
967	969		corporate sponsors to ensure that sponsorships serve the public
968	970		interest and are consistent with the purposes of the authority.
969	971		(e) A memorandum of understanding between the authority and
970	972		an affiliated nonprofit organization entered into under this
971	973		section must include the policy developed under Subsection (d).
972	974		SUBCHAPTER D. REGULATORY POWERS; ENFORCEMENT AND COURT REVIEW
973	975		PROVISIONS
974	976		Sec. 8513.0401. ADOPTION OF RULES. The authority may by
975	977		ordinance adopt reasonable rules to:
976	978		(1) carry out this chapter;
977	979		(2) protect and secure authority property and works of
978	980		improvement; and
979	981		(3) regulate pollution, residence, hunting, fishing,
980	982		boating, and camping, and any other recreational and business
981	983		privileges on any navigable river or reservoir in the authority or
982	984		on any land owned by the authority.
983	985		Sec. 8513.0402. ENFORCEMENT OF RULES; PENALTY. The
984	986		authority by rule may prescribe reasonable and commensurate
985	987		penalties for the violation of an authority rule, as provided by
986	988		Section 49.004, Water Code.
987	989		Sec. 8513.0403. NOTICE OF RULE PROVIDING PENALTY. (a) If
988	990		the authority adopts a rule that provides a penalty, the authority
989	991		must publish a substantive statement of the rule and the penalty
990	992		once a week for two consecutive weeks in a newspaper of general
991	993		circulation in each county in which the rule applies.
992	994		(b) The substantive statement must be as condensed as
993	995		possible so that the act prohibited by the rule can be easily
994	996		understood.
995	997		(c) The statement may include notice of any number of rules.
996	998		(d) The notice must state that:
997	999		(1) a person who violates the rule is subject to a
998	1000		penalty; and
999	1001		(2) the rule is on file in the authority's principal
1000	1002		office, where the rule may be read by any interested person.
1001	1003		(e) A rule takes effect five days after the date of second
1002	1004		publication of the statement under this section.
1003	1005		Sec. 8513.0404. JUDICIAL NOTICE OF RULES. A court shall
1004	1006		take judicial notice of a rule adopted under this subchapter and
1005	1007		published as required by Section 8513.0403.
1006	1008		Sec. 8513.0405. RECOVERY OF LITIGATION FEES AND COSTS.
1007	1009		Section 49.004, Water Code, governs recovery of fees for attorneys,
1008	1010		expert witnesses, and other court costs incurred by the authority
1009	1011		in any suit by the authority to enforce its rules.
1010	1012		Sec. 8513.0406. APPEAL BOND NOT REQUIRED. The authority is
1011	1013		not required to give bond on any appeal from judgment in any court.
1012	1014		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
1013	1015		Sec. 8513.0501. OBLIGATION PAYABLE. A debt, liability, or
1014	1016		obligation of the authority for the payment of money, however
1015	1017		entered into or incurred and whether arising from an express or
1016	1018		implied contract or otherwise, is payable solely:
1017	1019		(1) out of the revenue received by the authority with
1018	1020		respect to its properties; or
1019	1021		(2) from any other money or income from any source
1020	1022		coming into the authority's possession, including proceeds of sale
1021	1023		of bonds.
1022	1024		Sec. 8513.0502. FISCAL YEAR. The authority's fiscal year
1023	1025		ends on September 30 of each year.
1024	1026		SUBCHAPTER F. TAX PROVISIONS
1025	1027		Sec. 8513.0601. MAINTENANCE AND ADMINISTRATION TAX. (a)
1026	1028		The authority may impose ad valorem taxes throughout the territory
1027	1029		of the authority in amounts approved at an election held in
1028	1030		accordance with Section 8511.0602 for:
1029	1031		(1) the maintenance of the authority and its
1030	1032		improvements;
1031	1033		(2) general administration; or
1032	1034		(3) planning and other services with respect to any of
1033	1035		the purposes, rights, privileges, and functions of the authority.
1034	1036		(b) An ad valorem tax imposed by the authority may not:
1035	1037		(1) be used to pay for or finance:
1036	1038		(A) the construction of a dam, reservoir, levee,
1037	1039		channel, pipeline, or other major physical work of the authority;
1038	1040		(B) the cost or expenses of a right-of-way
1039	1041		acquisition; or
1040	1042		(C) damages awarded by a court for a suit brought
1041	1043		under Section 17, Article I, Texas Constitution; or
1042	1044		(2) be pledged to the issue or redemption of bonds
1043	1045		authorized under Section 8513.0702.
1044	1046		(c) The maintenance tax and administration tax may not
1045	1047		exceed the maximum rate approved at the election. The tax rate may
1046	1048		not exceed the limit specified by Section 8513.0604.
1047	1049		Sec. 8513.0602. ELECTION FOR AD VALOREM TAX. (a) The board
1048	1050		may impose an ad valorem tax within the maximum tax rate for a
1049	1051		purpose authorized by this chapter if the taxes are approved at an
1050	1052		election held in the authority by a majority of the votes cast:
1051	1053		(1) throughout the authority; and
1052	1054		(2) in any three counties in the authority.
1053	1055		(b) The election must be ordered by ordinance of the board.
1054	1056		The ordinance must include for each applicable county in the
1055	1057		authority the polling places in that county where the election is to
1056	1058		be held.
1057	1059		Sec. 8513.0603. PUBLIC HEARING; NOTICE. (a) If the board
1058	1060		orders an election under Section 8513.0602, the board must hold a
1059	1061		public hearing in each county in the authority to discuss the
1060	1062		proposed tax issue.
1061	1063		(b) Each public hearing must be held:
1062	1064		(1) not fewer than 10 days before the date of the
1063	1065		scheduled election; and
1064	1066		(2) not more than 25 days before the date of the
1065	1067		scheduled election.
1066	1068		(c) Notice of the public hearing must be given by publishing
1067	1069		the notice in at least one newspaper of general circulation in each
1068	1070		county where the hearing is to be held. The notice must:
1069	1071		(1) be published at least 10 days before the date of
1070	1072		the hearing; and
1071	1073		(2) include the time, day, date, place, and purpose of
1072	1074		the hearing.
1073	1075		Sec. 8513.0604. MAXIMUM TAX RATE. The maximum tax rate that
1074	1076		may be imposed for any year under this subchapter is two cents on
1075	1077		each $100 of assessed valuation of taxable property.
1076	1078		Sec. 8513.0605. ASSESSMENT AND COLLECTION OF TAXES.
1077	1079		(a) The authority's tax rate shall be uniform throughout the
1078	1080		authority. The chair and secretary of the board shall certify the
1079	1081		tax rate to the assessor-collector of each included county.
1080	1082		(b) It shall be the duty of each county tax
1081	1083		assessor-collector in the authority to cause to be placed on the
1082	1084		county tax rolls such additional column or columns as are needed to
1083	1085		show the tax levied by the authority and the amount thereof. The
1084	1086		fee of each county tax assessor-collector for assessing and
1085	1087		collecting the authority's taxes may not exceed two percent of the
1086	1088		taxes collected, to be paid over and disbursed in each county in the
1087	1089		same manner as other fees of office.
1088	1090		Sec. 8513.0606. LEGISLATIVE INTENT. It is the intent of the
1089	1091		legislature that:
1090	1092		(1) an ad valorem tax imposed by the authority:
1091	1093		(A) enables the authority to accomplish its
1092	1094		purposes, including the maximum development of the authority's soil
1093	1095		and water resources, it being hereby found and determined that the
1094	1096		benefits to be realized from the maximum development can be
1095	1097		obtained only through area-wide participation and planning; and
1096	1098		(B) may be used to pay for the operation, repair,
1097	1099		or maintenance of any flood control, soil conservation, watershed
1098	1100		protection, or erosion structure or work of improvement constructed
1099	1101		in cooperation with the federal government, provided that any
1100	1102		operation, repair, or maintenance cost shall be paid for out of
1101	1103		taxes thus collected in the county in which the particular
1102	1104		structure or work of improvement is situated; and
1103	1105		(2) the construction of any dam, reservoir, levee,
1104	1106		channel, pipeline, or other major physical work of the authority
1105	1107		shall be paid for or financed by revenue bonds of the authority to
1106	1108		be redeemed either by the sale of services or by taxes to be imposed
1107	1109		by a county or municipality and paid over to the authority as an
1108	1110		independent contractor of the county or municipality.
1109	1111		Sec. 8513.0607. APPLICABILITY. This subchapter does not
1110	1112		apply to the assessment of a tax under Subchapter H.
1111	1113		SUBCHAPTER G. BONDS, BORROWED MONEY, AND GRANTS
1112	1114		Sec. 8513.0701. BORROWED MONEY AND GRANTS. (a) The
1113	1115		authority may:
1114	1116		(1) borrow money for the authority's corporate
1115	1117		purposes;
1116	1118		(2) execute proper notes and other evidence of
1117	1119		indebtedness;
1118	1120		(3) borrow money or accept a grant from the United
1119	1121		States or this state and, in connection with the loan or grant,
1120	1122		enter into any agreement the United States or the corporation or
1121	1123		agency may require;
1122	1124		(4) make and issue bonds for money borrowed, in the
1123	1125		manner and to the extent provided by Sections 8513.0702, 8513.0703,
1124	1126		8513.0704, 8513.0705, and 8513.0706; and
1125	1127		(5) participate in and be the beneficiary of any plan
1126	1128		that may be evolved by this state or the United States for
1127	1129		guaranteeing or otherwise subsidizing the authority's obligations.
1128	1130		(b) After an ad valorem tax is approved at an election held
1129	1131		under Section 8513.0602, the board may borrow money payable from
1130	1132		the tax and may evidence the loan by a note given in the authority's
1131	1133		name.
1132	1134		Sec. 8513.0702. POWER TO ISSUE BONDS. (a) For the purpose
1133	1135		of constructing improvements related to the exercise of any power
1134	1136		conferred on the authority by law, the authority may, without an
1135	1137		election, issue bonds secured by a pledge of revenues of the
1136	1138		authority without reference to their source and with the priority
1137	1139		of liens prescribed in the proceedings authorizing the issuance of
1138	1140		the bonds.
1139	1141		(b) The bonds must be authorized by a board resolution
1140	1142		concurred in by at least eight directors.
1141	1143		Sec. 8513.0703. TERMS OF ISSUANCE. Authority bonds may be:
1142	1144		(1) sold for cash;
1143	1145		(2) issued on terms the board determines in exchange for any
1144	1146		property, or any interest in property, that the board considers
1145	1147		necessary or convenient for the corporate purpose for which the
1146	1148		bonds are issued; or
1147	1149		(3) issued in exchange for principal amounts or other
1148	1150		obligations of the authority, whether matured or unmatured.
1149	1151		Sec. 8513.0704. DEPOSIT OF PROCEEDS. The proceeds of sale
1150	1152		of authority bonds may be deposited in one or more banks or trust
1151	1153		companies and may be paid out according to the terms on which the
1152	1154		authority and the purchasers of the bonds agree.
1153	1155		Sec. 8513.0705. RESOLUTION PROVISIONS. (a) A resolution
1154	1156		authorizing bonds may contain provisions approved by the board that
1155	1157		are not inconsistent with this chapter, including provisions:
1156	1158		(1) reserving the right to redeem the bonds at a time,
1157	1159		in an amount, and at a price not to exceed 105 percent of the
1158	1160		principal amount of the bonds, plus accrued interest;
1159	1161		(2) providing for the setting aside of sinking funds
1160	1162		or reserve funds and the regulation and disposition of those funds;
1161	1163		(3) securing the payment of the principal of and
1162	1164		interest on the bonds and of the sinking fund or reserve fund
1163	1165		payments associated with the bonds by pledging all or any part of
1164	1166		the gross or net revenue subsequently received by the authority
1165	1167		from any source;
1166	1168		(4) prescribing the purposes to which the bonds or any
1167	1169		bonds subsequently issued, or the proceeds of the bonds, may be
1168	1170		applied;
1169	1171		(5) agreeing to set and collect rates and charges
1170	1172		sufficient to produce net revenue adequate to pay the items
1171	1173		described by Subdivisions (1), (2), and (3), and prescribing the
1172	1174		use and disposition of all revenue;
1173	1175		(6) prescribing limitations on the issuance of
1174	1176		additional bonds and on the agreements that may be made with the
1175	1177		purchasers and successive holders of those bonds;
1176	1178		(7) regarding the construction, extension,
1177	1179		improvement, reconstruction, operation, maintenance, and repair of
1178	1180		the authority's properties and the carrying of insurance on all or
1179	1181		any part of those properties covering:
1180	1182		(A) loss, damage, or loss of use and
1181	1183		reconstruction, operation, maintenance, and repair; and
1182	1184		(B) loss, damage, or loss of use and occupancy
1183	1185		resulting from specified risks;
1184	1186		(8) setting the procedure by which the authority may
1185	1187		change the terms of a contract with the bondholders, the amount of
1186	1188		bonds the holders of which must consent to that change, and the
1187	1189		manner in which the consent may be given; and
1188	1190		(9) providing for the execution and delivery by the
1189	1191		authority to a bank or trust company authorized by law to accept
1190	1192		trusts, or to the United States or any officer of the United States,
1191	1193		of indentures and agreements for the benefit of the bondholders
1192	1194		setting forth any of the agreements authorized by this chapter to be
1193	1195		made with or for the benefit of the bondholders and any other
1194	1196		provisions that are customary in such indentures or agreements.
1195	1197		(b) A provision authorized by this section that is contained
1196	1198		in a bond resolution is part of the contract between the authority
1197	1199		and the bondholders.
1198	1200		Sec. 8513.0706. DEFAULT PROCEDURES. (a) This section
1199	1201		applies only to a default in:
1200	1202		(1) the payment of the interest on bonds as the
1201	1203		interest becomes due and payable;
1202	1204		(2) the payment of the principal of bonds as they
1203	1205		become due and payable, whether at maturity, by call for
1204	1206		redemption, or otherwise; or
1205	1207		(3) the performance of an agreement made with the
1206	1208		purchasers or successive holders of bonds.
1207	1209		(b) A resolution authorizing bonds and any indenture or
1208	1210		agreement entered into under the resolution may provide that in the
1209	1211		event of a default described by Subsection (a) that continues for a
1210	1212		period, if any, prescribed by the resolution, the trustee under the
1211	1213		indenture entered into with respect to the bonds authorized by the
1212	1214		resolution, or, if there is no indenture, a trustee appointed in the
1213	1215		manner provided in the resolution by the holders of 25 percent in
1214	1216		aggregate principal amount of the bonds authorized by the
1215	1217		resolution and then outstanding, and on the written request of the
1216	1218		holders of 25 percent in aggregate principal amount of the bonds
1217	1219		authorized by the resolution then outstanding, shall, in the
1218	1220		trustee's own name, but for the equal and proportionate benefit of
1219	1221		the holders of all of the bonds, and with or without having
1220	1222		possession of the bonds:
1221	1223		(1) by mandamus or other suit, action, or proceeding
1222	1224		at law or in equity, enforce all rights of the bondholders;
1223	1225		(2) bring suit on the bonds or the appurtenant
1224	1226		coupons;
1225	1227		(3) by action or suit in equity, require the authority
1226	1228		to account as if it were the trustee of an express trust for the
1227	1229		bondholders;
1228	1230		(4) by action or suit in equity, enjoin any acts or
1229	1231		things that may be unlawful or in violation of the rights of the
1230	1232		bondholders; or
1231	1233		(5) after such notice to the authority as the
1232	1234		resolution may provide, declare the principal of all of the bonds
1233	1235		due and payable, and if all defaults have been made good, then with
1234	1236		the written consent of the holders of 25 percent in aggregate
1235	1237		principal amount of the bonds then outstanding, annul the
1236	1238		declaration and its consequences.
1237	1239		(c) Notwithstanding Subsection (b), the holders of more
1238	1240		than a majority in principal amount of the bonds authorized by the
1239	1241		resolution and then outstanding, by written instrument delivered to
1240	1242		the trustee, are entitled to direct and control any and all action
1241	1243		taken or to be taken by the trustee under this section.
1242	1244		(d) A resolution, indenture, or agreement relating to bonds
1243	1245		may provide that in a suit, action, or proceeding under this
1244	1246		section, the trustee, whether or not all of the bonds have been
1245	1247		declared due and payable and with or without possession of any of
1246	1248		the bonds, is entitled to the appointment of a receiver who may:
1247	1249		(1) enter and take possession of all or any part of the
1248	1250		properties of the authority;
1249	1251		(2) operate and maintain the properties;
1250	1252		(3) set, collect, and receive rates and charges
1251	1253		sufficient to provide revenue adequate to pay the items specified
1252	1254		by Sections 8513.0705(a)(1), (2), and (3) and the costs and
1253	1255		disbursements of the suit, action, or proceeding; and
1254	1256		(4) apply the revenue in conformity with this chapter
1255	1257		and the resolution authorizing the bonds.
1256	1258		(e) In a suit, action, or proceeding by a trustee under this
1257	1259		section, the reasonable fees, attorney's fees, and expenses of the
1258	1260		trustee and of the receiver, if any, constitute taxable
1259	1261		disbursements, and all costs and disbursements allowed by the court
1260	1262		are a first charge on any revenue pledged to secure the payment of
1261	1263		the bonds.
1262	1264		(f) The courts of Bexar County have jurisdiction of a suit,
1263	1265		action, or proceeding by a trustee on behalf of the bondholders and
1264	1266		of all property involved in the suit, action, or proceeding.
1265	1267		(g) In addition to the powers specifically provided by this
1266	1268		section, a trustee has all powers necessary or appropriate for the
1267	1269		exercise of the powers specifically provided or incident to the
1268	1270		general representation of the bondholders in the enforcement of
1269	1271		their rights.
1270	1272		Sec. 8513.0707. POWER OF AUTHORITY TO PURCHASE BONDS ISSUED
1271	1273		BY AUTHORITY. (a) Using any money available for the purpose, the
1272	1274		authority may purchase bonds issued by it at a price not exceeding
1273	1275		the redemption price applicable at the time of purchase, or, if the
1274	1276		bonds are not redeemable, at a price not exceeding the principal
1275	1277		amount of the bonds plus accrued interest.
1276	1278		(b) All bonds purchased under this section shall be
1277	1279		canceled, and bonds may not be issued in lieu of those bonds.
1278	1280		Sec. 8513.0708. BONDS EXEMPT FROM TAXATION. A bond issued
1279	1281		under this chapter and the interest on the bond are exempt from
1280	1282		taxation, except inheritance taxes, by this state or by any
1281	1283		political subdivision of this state.
1282	1284		SUBCHAPTER H. POLLUTION CONTROL DISTRICT
1283	1285		Sec. 8513.0801. POWER TO ESTABLISH POLLUTION CONTROL
1284	1286		DISTRICT. (a) The authority may establish one or more pollution
1285	1287		control districts for the purpose of accomplishing any of the
1286	1288		powers, purposes, rights, or privileges vested in the authority.
1287	1289		(b) A pollution control district may be established by
1288	1290		resolution of the board.
1289	1291		Sec. 8513.0802. RESOLUTION PROCEDURES CALLING FOR CREATION
1290	1292		OF POLLUTION CONTROL DISTRICT. (a) A resolution of the board
1291	1293		calling for the creation of a pollution control district must:
1292	1294		(1) define the boundaries of the proposed district;
1293	1295		and
1294	1296		(2) set a time and place for a public hearing on the
1295	1297		matters described in the resolution.
1296	1298		(b) If the authority does not intend to issue bonds on
1297	1299		behalf of the proposed district, in addition to the requirements of
1298	1300		Subsection (a), the resolution must declare taxes for the
1299	1301		maintenance of the authority and the authority's improvements shall
1300	1302		be imposed on the taxable property in the proposed district.
1301	1303		(c) If the authority intends to issue bonds on behalf of the
1302	1304		proposed district, in addition to the requirements of Subsection
1303	1305		(a), the resolution must:
1304	1306		(1) estimate the principle amount and state the
1305	1307		purpose of those bonds; and
1306	1308		(2) declare that taxes for the payment of bonded
1307	1309		indebtedness shall be imposed exclusively on the taxable property
1308	1310		in the proposed district.
1309	1311		(d) The board may adopt resolutions described by
1310	1312		Subsections (b) and (c) and hold public hearings for those
1311	1313		resolutions and any applicable proposed bond and maintenance taxes
1312	1314		at the same time.
1313	1315		(e) After a public hearing is held in accordance with
1314	1316		Section 8513.0803, the board shall review any findings and
1315	1317		recommendations resulting from the hearing. The board may alter,
1316	1318		modify, or change any provision of the resolution, except as
1317	1319		provided by Section 8513.0809. The board may adopt a resolution
1318	1320		creating the proposed pollution control district. The resolution
1319	1321		creating a pollution control district must:
1320	1322		(1) state the purposes for which the proposed district
1321	1323		has been created;
1322	1324		(2) designate the proposed district's boundaries;
1323	1325		(3) declare that the indebtedness to be incurred or
1324	1326		the cost of services to be rendered by the authority for the
1325	1327		proposed district's benefit shall be payable from taxes imposed on
1326	1328		property in the district;
1327	1329		(4) find that the property in the proposed district
1328	1330		will benefit from the indebtedness proposed to be incurred or the
1329	1331		services proposed to be rendered by the authority on the district's
1330	1332		behalf; and
1331	1333		(5) order an election in the proposed district to
1332	1334		authorize the indebtedness or maintenance tax, stating:
1333	1335		(A) the date of the election;
1334	1336		(B) the proposition or propositions to be voted
1335	1337		on;
1336	1338		(C) the location of the polling places; and
1337	1339		(D) the names of the election officers.
1338	1340		Sec. 8513.0803. PUBLIC HEARING ON CREATION OF POLLUTION
1339	1341		CONTROL DISTRICT; NOTICE. (a) The authority must hold a public
1340	1342		hearing on the matters set forth in a resolution calling for the
1341	1343		creation of a pollution control district before the proposed
1342	1344		district is established.
1343	1345		(b) The hearing may be held in connection or concurrently
1344	1346		with another public hearing, meeting, or proceeding conducted by
1345	1347		the board.
1346	1348		(c) The hearing must be held within the boundaries of the
1347	1349		proposed pollution control district.
1348	1350		(d) The hearing may be conducted by:
1349	1351		(1) a majority of the board;
1350	1352		(2) one or more directors; or
1351	1353		(3) one or more authority employees, as designated by
1352	1354		the board.
1353	1355		(e) If the hearing is conducted by fewer than a majority of
1354	1356		directors in accordance with Subsection (d)(2) or (3), the
1355	1357		individual or individuals conducting the hearing may accept
1356	1358		evidence and make recommendations to the board on any proposed
1357	1359		changes to the resolution.
1358	1360		(f) Notice of the hearing must be published in a newspaper
1359	1361		of general circulation within the boundaries of the proposed
1360	1362		pollution control district not more than 30 days before the date of
1361	1363		the hearing and not fewer than 15 days before the date of the
1362	1364		hearing. Except as otherwise provided by this section, Chapter
1363	1365		551, Government Code, applies to notice of a public hearing under
1364	1366		this section.
1365	1367		Sec. 8513.0804. PUBLIC TESTIMONY ON CREATION OF POLLUTION
1366	1368		CONTROL DISTRICT. (a) A hearing on the matters set forth in a
1367	1369		resolution calling for the creation of a pollution control district
1368	1370		must include an opportunity for:
1369	1371		(1) any interested person, including a person who owns
1370	1372		property or resides in the authority, to appear and present
1371	1373		evidence relevant to a matter set forth in the resolution calling
1372	1374		for the creation of the proposed district; and
1373	1375		(2) a person who resides or owns property in the
1374	1376		boundaries of the proposed district to appear and present evidence
1375	1377		regarding whether the person will receive benefits from the
1376	1378		proposed improvements or tax.
1377	1379		(b) Failure to appear at the public hearing constitutes a
1378	1380		waiver of all objections that the absent person might have had to
1379	1381		any matters set forth in the resolution calling for the creation of
1380	1382		the proposed pollution control district.
1381	1383		Sec. 8513.0805. MAINTENANCE TAX AND BOND ELECTION FOR
1382	1384		POLLUTION CONTROL DISTRICT. An election ordered within the
1383	1385		boundaries of a proposed pollution control district to authorize
1384	1386		the imposition of a maintenance tax or the issuance of bonds may be
1385	1387		held at the same time as any general or special election.
1386	1388		Sec. 8513.0806. JUDICIAL REVIEW OF RESOLUTION CALLING FOR
1387	1389		CREATION OF POLLUTION CONTROL DISTRICT. (a) A resolution of the
1388	1390		board calling for the creation of a pollution control district
1389	1391		adopted under Section 8513.0802(e) is final and not subject to
1390	1392		judicial review except on the basis of whether the resolution is
1391	1393		supported by substantial evidence.
1392	1394		(b) An action or proceeding questioning, contesting, or
1393	1395		denying the validity of a resolution calling for the creation of a
1394	1396		pollution control district or any related proceeding must be
1395	1397		brought within 30 days of the effective date of the resolution. If
1396	1398		an action or proceeding is not brought within the 30 days, the
1397	1399		resolution and any related proceedings are valid and incontestable.
1398	1400		Sec. 8513.0807. FILING REQUIREMENT. A resolution of the
1399	1401		board creating a pollution control district adopted under Section
1400	1402		8513.0802(e) shall be filed in the deed records of each county in
1401	1403		the district's territory.
1402	1404		Sec. 8513.0808. POLLUTION CONTROL DISTRICT TERRITORY.
1403	1405		(a) A pollution control district may include any territory,
1404	1406		whether or not contiguous, in the authority.
1405	1407		(b) If any portion of the territory of a proposed pollution
1406	1408		control district falls within the boundaries or the exclusive
1407	1409		extraterritorial jurisdiction of a municipality, the board must
1408	1410		obtain the municipality's consent before creating the proposed
1409	1411		district. Consent of a municipality:
1410	1412		(1) may contain any conditions agreed on by the
1411	1413		authority and the municipality; and
1412	1414		(2) shall be evidenced by an enacted ordinance of the
1413	1415		municipality's governing body.
1414	1416		Sec. 8513.0809. ANNEXATION OF TERRITORY TO POLLUTION
1415	1417		CONTROL DISTRICT. (a) Territory may be annexed to an existing
1416	1418		pollution control district in the manner provided by this section.
1417	1419		(b) The board may annex territory under this section by
1418	1420		resolution of the board or by a petition requesting annexation. The
1419	1421		petition must:
1420	1422		(1) to the extent practicable, set forth the matters
1421	1423		described in a resolution calling for the creation of the pollution
1422	1424		control district, as described by Section 8513.0802(b) or (c);
1423	1425		(2) request a public hearing by the board on the
1424	1426		petition; and
1425	1427		(3) be signed by:
1426	1428		(A) the owners of 50 percent or more of the value
1427	1429		of the territory to be annexed;
1428	1430		(B) a majority of the residents of the territory
1429	1431		to be annexed; or
1430	1432		(C) if fewer than three registered voters reside
1431	1433		in the territory to be annexed, by the owner or owners of the
1432	1434		territory.
1433	1435		(c) The board shall hold a public hearing on the petition in
1434	1436		the same manner as a public hearing under Section 8513.0803.
1435	1437		(d) If the board finds that the territory should be annexed,
1436	1438		the board may adopt a resolution:
1437	1439		(1) ordering an election on the annexation:
1438	1440		(A) in the territory contained in the existing
1439	1441		pollution control district; and
1440	1442		(B) in the territory to be annexed; or
1441	1443		(2) if the petition for annexation was brought under
1442	1444		Subdivision (b)(3)(C), annexing the territory to the district.
1443	1445		(e) Except as provided by Subsection (f), the board may not
1444	1446		annex the territory until a majority of registered voters:
1445	1447		(1) in the territory of the existing pollution control
1446	1448		district are in favor of annexation; and
1447	1449		(2) in the territory to be annexed to the pollution
1448	1450		control district are in favor of annexation and, if applicable, in
1449	1451		favor of:
1450	1452		(A) allowing a maintenance tax on the land to be
1451	1453		annexed;
1452	1454		(B) assuming the pro rata share of any previously
1453	1455		authorized indebtedness of the existing district; or
1454	1456		(C) allowing any taxes necessary to support tax
1455	1457		or tax-revenue bonds previously voted on that have not yet been
1456	1458		issued on behalf of the existing pollution control district and
1457	1459		authorizing the board to impose a tax on the property for payment of
1458	1460		the unissued bonds when those bonds are issued.
1459	1461		(f) A resolution of the board annexing territory adopted
1460	1462		under Subsection (d)(2) is temporary until a majority of registered
1461	1463		voters in an election held in the pollution control district
1462	1464		including the annexed territory are in favor of:
1463	1465		(1) annexing the territory;
1464	1466		(2) ratifying any unissued tax or revenue bonds of the
1465	1467		authority to be issued on behalf of the district; and
1466	1468		(3) authorizing the board to impose within the
1467	1469		district a maintenance tax or a tax to pay for any unissued bonds
1468	1470		when issued.
1469	1471		(g) If a majority of registered voters in an election held
1470	1472		under Subsection (d) or (f) are in favor of the annexation, the
1471	1473		board shall adopt a resolution redefining the boundaries of the
1472	1474		pollution control district and record the resolution in the deed
1473	1475		records of each county containing the annexed territory.
1474	1476		Sec. 8513.0810. POWER TO ISSUE BONDS; TAX FOR POLLUTION
1475	1477		CONTROL DISTRICT. (a) The board may:
1476	1478		(1) incur any indebtedness necessary to provide all
1477	1479		improvements and the maintenance of those improvements required to
1478	1480		achieve the purposes for which any pollution control district is
1479	1481		organized;
1480	1482		(2) impose taxes necessary for the payment of the
1481	1483		interest of any bonds issued under this section; and
1482	1484		(3) create a sinking fund for the payment of bonds
1483	1485		issued under this section.
1484	1486		(b) Taxes imposed under this section are a lien on the
1485	1487		property assessed for the payment of the taxes.
1486	1488		(c) If the majority of votes in an election held under
1487	1489		Section 8513.0805 or 8513.0809 are in favor of authorizing the
1488	1490		authority to incur indebtedness for the benefit of a pollution
1489	1491		control district, the board may issue bonds for that purpose.
1490	1492		(d) If the board issues bonds under Subsection (c), the
1491	1493		board may impose a tax only on property in the pollution control
1492	1494		district to pay the principal or interest of the bonds.
1493	1495		(e) If the majority of votes in an election held under
1494	1496		Section 8513.0805 or 8513.0809 are in favor of authorizing the
1495	1497		authority to impose an ad valorem tax, the board may impose the tax
1496	1498		only on property in the pollution control district.
1497	1499		(f) The exercise by the board of its authority to tax and
1498	1500		issue bonds for a pollution control district must be consistent
1499	1501		with its authority under Chapter 49 and 51, Water Code, and this
1500	1502		subchapter. If a conflict exists between Chapter 49 and 51, Water
1501	1503		Code, and a provision of this subchapter, this subchapter prevails.
1502	1504		SECTION 2. The following statutes are repealed:
1503	1505		(1) Chapter 276, Acts of the 45th Legislature, Regular
1504	1506		Session, 1937;
1505	1507		(2) Chapter 9, Acts of the 46th Legislature, Regular
1506	1508		Session, 1939;
1507	1509		(3) Chapter 60, Acts of the 53rd Legislature, Regular
1508	1510		Session, 1953;
1509	1511		(4) Chapter 504, Acts of the 55th Legislature, Regular
1510	1512		Session, 1957;
1511	1513		(5) Chapter 37, Acts of the 56th Legislature, Regular
1512	1514		Session, 1959;
1513	1515		(6) Chapter 233, Acts of the 57th Legislature, Regular
1514	1516		Session, 1961;
1515	1517		(7) Chapter 836, Acts of the 61st Legislature, Regular
1516	1518		Session, 1969;
1517	1519		(8) Chapter 301, Acts of the 64th Legislature, Regular
1518	1520		Session, 1975;
1519	1521		(9) Chapter 604, Acts of the 64th Legislature, Regular
1520	1522		Session, 1975;
1521	1523		(10) Chapter 60, Acts of the 67th Legislature, Regular
1522	1524		Session, 1981;
1523	1525		(11) Chapter 701, Acts of the 70th Legislature,
1524	1526		Regular Session, 1987; and
1525	1527		(12) Sections 1(b)(13) and Section 15, Chapter 1148,
1526	1528		Acts of the 84th Legislature, Regular Session, 2015; and
1527	1529		(13) Chapter 179, Acts of the 88th Legislature,
1528	1530		Regular Session, 2023.
1529	1531		SECTION 3. This Act takes effect immediately if it receives
1530	1532		a vote of two-thirds of all the members elected to each house, as
1531	1533		provided by Section 39, Article III, Texas Constitution. If this
1532	1534		Act does not receive the vote necessary for immediate effect, this
1533	1535		Act takes effect September 1, 2025.