Bill Text: TX HB4634 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the Guadalupe-Blanco River Authority; following the recommendations of the Sunset Advisory Commission.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-16 - Recommendations filed with the Speaker [HB4634 Detail]
Download: Texas-2019-HB4634-Introduced.html
86R3445 GRM-D | ||
By: Flynn | H.B. No. 4634 |
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relating to the Guadalupe-Blanco River Authority; following the | ||
recommendations of the Sunset Advisory Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1A(a), Chapter 75, Acts of the 43rd | ||
Legislature, 1st Called Session, 1933, is amended to read as | ||
follows: | ||
(a) The District is subject to review under Chapter 325, | ||
Government Code (Texas Sunset Act), but may not be abolished under | ||
that chapter. The review shall be conducted under Section 325.025, | ||
Government Code, as if the District were a state agency scheduled to | ||
be abolished September 1, 2031 [ |
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that year. | ||
SECTION 2. Section 2, Chapter 75, Acts of the 43rd | ||
Legislature, 1st Called Session, 1933, is amended to read as | ||
follows: | ||
Sec. 2. Except as expressly limited by this Act, the | ||
District shall have and is hereby authorized to exercise all | ||
powers, rights, privileges, and functions conferred by General Law, | ||
now in force or hereafter enacted, upon any District or Districts | ||
created pursuant to Section 59, of Article 16, of the Constitution | ||
of the State of Texas (excluding underground water conservation | ||
districts), and the same are adopted by reference. Without | ||
limitation of the generality of the foregoing, the District shall | ||
have and is hereby authorized to exercise the following powers, | ||
rights, privileges, and functions; | ||
(a) to control, store and preserve, within or adjoining the | ||
boundaries of the District, the waters of any rivers and streams, | ||
including the waters of the Guadalupe and Blanco Rivers and their | ||
tributaries, for all useful purposes, and to use, distribute and | ||
sell the same, within the boundaries of the District, for any such | ||
purposes; | ||
(b) to conserve, preserve and develop underground waters | ||
within the boundaries of the District (subject to any applicable | ||
regulation by the State or any political subdivision) for all | ||
useful purposes, and to use, distribute and sell the same, within | ||
the boundaries of the District for any such purposes; | ||
(c) to acquire water, water supply facilities and | ||
conservation storage capacity within or without the District from | ||
any person, including the State or any of its agencies and | ||
subdivisions and the United States of America and any of its | ||
agencies and subdivisions; | ||
(d) to use, distribute and sell, without the boundaries of | ||
the District, any waters which may be controlled, stored, | ||
preserved, conserved, developed or acquired by the District, if the | ||
Board hereinafter referred to determines that adequate provision | ||
can be made to continue to serve the water requirements within the | ||
boundaries of the District, provided the District shall not enter | ||
into any agreement which contemplates or results in the removal | ||
from the watershed of the Guadalupe and Blanco Rivers and their | ||
tributaries of any surface water of the District necessary to | ||
supply the reasonably foreseeable future water requirements for | ||
municipal uses during the next ensuing fifty-year period within | ||
such watershed, except on a temporary, interim basis; | ||
(e) to develop and generate water power and electric energy | ||
within the boundaries of the District and to distribute and sell | ||
water power and electric energy, within or without the boundaries | ||
of the District; | ||
(f) to prevent or aid in the prevention of damage to person | ||
or property from the waters of the Guadalupe and Blanco Rivers and | ||
their tributaries; | ||
(g) to forest and reforest and to aid in the foresting and | ||
reforesting of the watershed area of the Guadalupe and Blanco | ||
Rivers and their tributaries and to prevent and to aid in the | ||
prevention of soil erosion and floods within said watershed area; | ||
(h) to develop the navigation of inland waters within the | ||
boundaries of the District and any facilities in aid thereof; | ||
(i) to develop the reclamation and drainage of overflowed | ||
lands and other lands needing drainage within the boundaries of the | ||
District and any facilities in aid thereof (but not to reclaim or | ||
drain coastal wetlands or inland marshes); | ||
(j) to develop the collection, transportation, treatment, | ||
disposal and handling of any waste as such term may be defined by | ||
General Law and any facilities in aid thereof (but only with the | ||
consent of a city if sanitary sewer facilities for the collection, | ||
treatment and disposal of sewage are to be constructed or acquired | ||
within its corporate limits); | ||
(k) to conserve and develop waters and lands for recreation | ||
purposes and any facilities in aid thereof; | ||
(l) to acquire by purchase, lease, gift or in any other | ||
manner (otherwise than by condemnation) and to maintain, use and | ||
operate any and all property of any kind, real, personal, or mixed, | ||
or any interest therein, within or without the boundaries of the | ||
District, necessary or convenient to the exercise of the powers, | ||
rights, privileges and functions conferred upon it by this Act; | ||
(m) to acquire by condemnation any and all property of any | ||
kind, real, personal or mixed, or any interest therein, within or | ||
without the boundaries of the District (other than such property or | ||
any interest therein without the boundaries of the District as may | ||
at the time be owned by any body politic) necessary or convenient to | ||
the exercise of the powers, rights, privileges, and functions | ||
conferred upon it by this Act, in the manner provided by General Law | ||
with respect to condemnation or, at the option of the District, in | ||
the manner provided by the Statutes relative to condemnation by | ||
Districts organized under General Law pursuant to Section 59, of | ||
Article 16, of the Constitution of the State of Texas; | ||
(n) subject to the provisions of this Act from time to time | ||
sell, lease, or otherwise dispose of any property of any kind, real, | ||
personal, or mixed, or any interest therein, which shall not be | ||
necessary to the carrying on of the business of the District or the | ||
sale, lease, or disposition of which, in the judgment of the Board | ||
hereinafter referred to, is necessary or convenient to the exercise | ||
of the powers, rights, privileges and functions conferred upon the | ||
District by this Act or by General Law; | ||
(o) to overflow and inundate any public lands and public | ||
property and to require the relocation of roads, pipelines, | ||
transmission lines, railroads, cemeteries and highways in the | ||
manner and to the extent permitted to Districts organized under | ||
General Law pursuant to Section 59, of Article 16, of the | ||
Constitution of the State of Texas; provided that if the District | ||
requires the relocation, raising, lowering, rerouting, or change in | ||
grade or alteration in the construction of any railroad, | ||
transmission lines, conduits, poles, properties, or facilities, or | ||
pipelines in the exercise of the power of eminent domain or any | ||
other power, all of the relocation, raising, lowering, rerouting or | ||
changes in grade or alteration of construction shall be the sole | ||
expense of the District. The term 'sole expense' means the actual | ||
cost of relocation, raising, lowering, rerouting, or change in | ||
grade or alteration of construction to provide comparable | ||
replacement without enhancement of facilities, after deducting the | ||
net salvage value derived from the old facility; | ||
(p) to construct, extend, improve, maintain, and | ||
reconstruct, to cause to be constructed, extended, improved, | ||
maintained and reconstructed, and to use and operate, any and all | ||
facilities of any kind necessary or convenient to the exercise of | ||
such powers, rights, privileges and functions; | ||
(q) to sue and to be sued in its corporate name; | ||
(r) to adopt, use and alter a corporate seal; | ||
(s) to invest and re-invest its funds; | ||
(t) to make by-laws for the management and regulation of its | ||
affairs; | ||
(u) to appoint officers, agents, and employees, to | ||
prescribe their duties and to fix their compensation; | ||
(v) to make contracts and to execute instruments necessary | ||
or convenient to the exercise of the powers, rights, privileges, | ||
and functions conferred upon it by this Act or General Law for such | ||
term and with such provisions as the Board hereinafter referred to | ||
may determine to be in the best interests of the District, | ||
including, without in any way limiting the generality of the | ||
foregoing, contracts with persons, including the State of Texas, | ||
the United States of America and any corporation or agency thereof | ||
and districts, cities, towns, persons, organizations, | ||
associations, firms, corporations, entities or others, as such | ||
Board may deem necessary or proper for, or in connection with, any | ||
corporate purpose to provide for the construction, acquisition, | ||
ownership, financing, operation, maintenance, sale, leasing to or | ||
from, or other use or disposition of any facilities authorized to be | ||
developed, preserved, conserved, acquired, or constructed under | ||
this Act or General Law, including any improvements, structures, | ||
facilities, equipment and all other property of any kind in | ||
connection therewith and any lands, leaseholds, easements and any | ||
interests in any of the foregoing; | ||
(w) to authorize and allow any of such persons, including | ||
the State of Texas, the United States of America and any corporation | ||
or agency thereof and districts, agencies, cities, towns, persons, | ||
organizations, associations, firms, corporations, entities or | ||
others to participate with the District in the joint construction, | ||
acquisition, ownership, financing, operation, and maintenance of | ||
all of such improvements, structures, facilities, equipment and any | ||
other property in connection therewith, and all such lands, | ||
leaseholds, easements and interests therein as the Board | ||
hereinafter referred to may determine is necessary or proper for, | ||
or in connection with, any corporate purpose, and to allow such | ||
persons to receive such portion of the revenues derived therefrom | ||
as such Board shall deem just, equitable and proper; | ||
(x) to borrow money for its corporate purposes and, without | ||
limitation of the generality of the foregoing, to borrow money and | ||
accept grants from persons, including the State of Texas, the | ||
United States of America, or from any corporation or agency created | ||
or designated by the State of Texas or the United States of America, | ||
and, in connection with any such loan or grant, to enter into such | ||
agreements as the State of Texas or the United States of America or | ||
such corporations or agency may require; and to make and issue its | ||
negotiable bonds or notes for moneys borrowed, in the manner and to | ||
the extent provided in this Act, and to refund or refinance any | ||
outstanding bonds or notes and to make and issue its negotiable | ||
bonds or notes therefor in the manner and to the extent provided in | ||
this Act. Nothing in this Act shall authorize the issuance of any | ||
bonds, notes, or other evidences of indebtedness of the District, | ||
except as specifically provided in this Act, and no issuance of | ||
bonds, notes, or other evidences of indebtedness of the District | ||
shall ever be authorized except by this Act or General Law; | ||
(y) nothing herein shall be construed as conferring any | ||
water rights on the District, or as fixing any priority of rights, | ||
but said District shall obtain its water rights by application to | ||
and permit from the Texas Water Rights Commission as provided by | ||
General Statute; and nothing herein shall be construed as | ||
authorizing the District to make any regulation of the withdrawal | ||
of underground waters. To the extent the provisions of General Law | ||
which are adopted by reference in this Act may be in conflict with | ||
the express provisions of this Act, the provisions of this Act shall | ||
prevail unless the General Law is made cumulative. The rights, | ||
powers, privileges, authority, and functions granted to the | ||
District under this Act, and the District itself, are expressly | ||
subject to Chapters 5, 7, 11, 12, 17, 26, and 30 [ |
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Code, and Chapter 366, Health and Safety Code. | ||
SECTION 3. Section 4, Chapter 75, Acts of the 43rd | ||
Legislature, 1st Called Session, 1933, is amended to read as | ||
follows: | ||
Sec. 4. (a) The powers, rights, privileges and functions of | ||
the District shall be exercised by a board of nine (9) directors | ||
(herein called the Board), which is a state board of a state agency | ||
as contemplated by Section 30a of Article XVI, Constitution of | ||
Texas. Each member of the Board shall be a freehold property | ||
taxpayer of the State of Texas and shall reside in one of the | ||
counties which is included within the boundaries of the District, | ||
but only one director shall be appointed from any county. The | ||
directors shall be appointed by the Governor from nominations | ||
furnished him by the Texas Water Rights Commission and the | ||
appointments confirmed by the Senate as in other cases of | ||
appointments by the Governor. Of the directors first appointed, | ||
three (3) shall hold office for a term expiring February l, 1937, | ||
three (3) for a term expiring February l, 1939, and three (3) for a | ||
term expiring February l, 1941. Thereafter, directors shall hold | ||
office for a term of six (6) years. Each director shall hold office | ||
until the expiration of the term for which he was appointed and | ||
thereafter, until his successor shall have been appointed and | ||
qualified unless sooner removed as in this Act provided. Any | ||
director may be removed by the authority which appointed him for | ||
inefficiency, neglect of duty or misconduct in office, after at | ||
least ten (10) days' written notice of the charge against him and an | ||
opportunity to be heard in person or by counsel at public hearing. A | ||
vacancy resulting from the death, resignation or removal of any | ||
director shall be filled by the authority which appointed him for | ||
the unexpired term. Each director shall qualify by taking the | ||
official oath of office prescribed by General Statute. | ||
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(b) Until the adoption of by-laws fixing the time and place | ||
of regular meetings and the manner in which special meetings may be | ||
called, meetings of the Board shall be held at such times and places | ||
as five (5) of the directors may designate in writing. Five (5) | ||
directors shall constitute a quorum at any meeting and, except as | ||
otherwise provided, in this Act or in the by-laws, all action may be | ||
taken by the affirmative vote of a majority of the directors present | ||
at any such meeting, except that no contracts which involve any | ||
amount greater than Ten Thousand Dollars ($10,000) or which is to | ||
run for a period longer than a year, and no bonds, notes or other | ||
evidence of indebtedness and no amendment of the by-laws shall be | ||
valid unless authorized or ratified by the affirmative vote of at | ||
least five (5) directors. | ||
SECTION 4. Chapter 75, Acts of the 43rd Legislature, 1st | ||
Called Session, 1933, is amended by adding Section 4A to read as | ||
follows: | ||
Sec. 4A. (a) A person who is appointed to and qualifies for | ||
office as a director may not vote, deliberate, or be counted as a | ||
director in attendance at a Board meeting until the person | ||
completes a training program that complies with this section. | ||
(b) The training program must provide the person with | ||
information regarding: | ||
(1) the law governing District operations; | ||
(2) the programs, functions, rules, and budget of the | ||
District; | ||
(3) the scope of and limitations on the rulemaking | ||
authority of the District; | ||
(4) the results of the most recent formal audit of the | ||
District; | ||
(5) the requirements of: | ||
(A) laws relating to open meetings, public | ||
information, administrative procedure, and disclosure of conflicts | ||
of interest; and | ||
(B) other laws applicable to members of the | ||
governing body of a river authority in performing their duties; and | ||
(6) any applicable ethics policies adopted by the | ||
District or the Texas Ethics Commission. | ||
(c) A person appointed to the Board is entitled to | ||
reimbursement for the travel expenses incurred in attending the | ||
training program regardless of whether the attendance at the | ||
program occurs before or after the person qualifies for office. | ||
(d) The general manager shall create a training manual that | ||
includes the information required by Subsection (b) of this | ||
section. The general manager shall distribute a copy of the | ||
training manual annually to each director. Each director shall | ||
sign and submit to the general manager a statement acknowledging | ||
that the director has received the training manual. | ||
SECTION 5. Section 5, Chapter 75, Acts of the 43rd | ||
Legislature, 1st Called Session, 1933, is amended to read as | ||
follows: | ||
Sec. 5. The Governor shall designate a member of the Board | ||
as the presiding officer of the Board to serve in that capacity at | ||
the pleasure of the Governor. The Board shall select a Secretary | ||
who shall keep true and complete records of all proceedings of the | ||
Board. Until the appointment of a Secretary, or in the event of his | ||
absence or inability to act, a secretary pro tem shall be selected | ||
by the Board. The Board shall also select a General Manager, who | ||
shall be the chief executive officer of the District, and a | ||
treasurer. All such officers shall have such powers and duties, | ||
shall hold office for such term and be subject to removal in such | ||
manner as may be provided in the by-laws. The Board shall fix the | ||
compensation of such officers. The Board may appoint such | ||
officers, agents and employees, fix their compensation and term of | ||
office and the method by which they may be removed, and delegate to | ||
them such of its power and duties as it may deem proper. | ||
SECTION 6. Chapter 75, Acts of the 43rd Legislature, 1st | ||
Called Session, 1933, is amended by adding Section 5A to read as | ||
follows: | ||
Sec. 5A. The Board shall develop and implement policies | ||
that clearly separate the policymaking responsibilities of the | ||
Board and the management responsibilities of the general manager | ||
and the staff of the District. | ||
SECTION 7. Section 11, Chapter 75, Acts of the 43rd | ||
Legislature, 1st Called Session, 1933, is amended to read as | ||
follows: | ||
Sec. 11. The District shall have power and is hereby | ||
authorized to issue, from time to time, bonds or notes as herein | ||
authorized for any corporate purpose. Such bonds or notes | ||
(hereinafter called 'bonds') may either be (1) sold for cash, at | ||
public or private sale, at such price or prices as the Board shall | ||
determine, provided that the interest cost of the money received | ||
therefor, computed to maturity, shall not exceed ten (10) percent | ||
per annum, or (2) may be issued on such terms as the Board shall | ||
determine in exchange for property of any kind, real, personal or | ||
mixed or any interest therein which the Board shall deem necessary | ||
or convenient for any such corporate purpose, or (3) may be issued | ||
in exchange for like principal amounts of other obligations of the | ||
District, matured or unmatured. The proceeds of sale of such bonds | ||
shall be deposited in such bank or banks or trust company or trust | ||
companies, and shall be paid out pursuant to such terms and | ||
conditions, as may be agreed upon between the District and the | ||
purchasers of such bonds. All such bonds shall be authorized by | ||
resolution or resolutions of the Board concurred in by at least five | ||
(5) of the members thereof, and shall bear such date or dates, | ||
mature at such time or times, bear interest at such rate or rates | ||
which may be fixed, variable, floating or otherwise (not exceeding | ||
ten (10) per centum per annum), payable annually, semiannually or | ||
otherwise, be in such denominations, be in such form, either coupon | ||
or registered, carry such registration privileges as to principal | ||
only or as to both principal and interest, and as to exchange of | ||
coupon bonds for registered bonds or vice versa, and exchange of | ||
bonds of one denomination for bonds of other denominations, be | ||
executed in such manner and be payable at such place or places | ||
within or without the State of Texas, as such resolution or | ||
resolutions may provide. Any resolution or resolutions authorizing | ||
any bonds may contain provisions, which shall be part of the | ||
contract between the District and the holders thereof from time to | ||
time. | ||
(a) Reserving the right to redeem such bonds or requiring | ||
the redemption of such bonds, at such time or times, in such amounts | ||
and at such prices, not exceeding one hundred and five per centum | ||
(105%) of the principal amount thereof, plus accrued interest, as | ||
may be provided; | ||
(b) Providing for the setting aside of sinking funds or | ||
reserve funds and the regulation and disposition thereof; | ||
(c) Pledging to secure the payment of the principal of and | ||
interest on such bonds and of the sinking fund or reserve fund | ||
payments agreed to be made in respect of such bonds all or any part | ||
of the gross or net revenues thereafter received by the District in | ||
respect of the property, real, personal or mixed, to be acquired | ||
and/or constructed with such bonds or the proceeds thereof, or all | ||
or any part of the gross or net revenues thereafter, received by the | ||
District from whatever source derived; | ||
(d) Prescribing the purposes to which such bonds or any | ||
bonds thereafter to be issued, or the proceeds thereof, may be | ||
applied; | ||
(e) Agreeing to fix and collect rates and charges sufficient | ||
to produce revenues adequate to pay the items specified in | ||
subdivisions (a), (b), (c), (d), and (e) of Section 9 hereof, and | ||
prescribing the use and disposition of all revenues; | ||
(f) Prescribing limitations upon the issuance of additional | ||
bonds and subordinate lien bonds and upon the agreements which may | ||
be made with the purchasers and successive holders thereof; | ||
(g) With regard to the construction, extension, | ||
improvement, reconstruction, operation, maintenance and repair of | ||
the properties of the District and carrying of insurance upon all or | ||
any part of said properties covering loss or damage or loss of use | ||
and occupancy resulting from specified risks; | ||
(h) Fixing the procedure, if any, by which, if the District | ||
shall so desire, the terms of any contract with the holders of such | ||
bonds may be amended or abrogated, the amount of bonds the holders | ||
of which must consent thereto, and the manner in which such consent | ||
may be given; | ||
(i) For the execution and delivery by the District to a bank | ||
or trust company authorized by law to accept trusts, or to the | ||
United States of America or any officer or agency thereof, of [ |
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indentures and agreements for the benefit of the holders of such | ||
bonds setting forth any or all of the agreements herein authorized | ||
to be made with or for the benefit of the holders of such bonds and | ||
such other provisions as may be customary in such indentures or | ||
agreements; and | ||
(j) Such other provisions, not inconsistent with the | ||
provisions of this Act, as the Board may approve. | ||
(1) Any such resolution and any indenture or agreement | ||
entered into pursuant thereto may provide that in the event that: | ||
(a) default shall be made in the payment of the | ||
interest on any or all bonds when and as the same shall become due | ||
and payable, or; | ||
(b) default shall be made in the payment of the | ||
principal of any or all bonds when and as the same shall become due | ||
and payable, whether at the maturity thereof, by call for | ||
redemption or otherwise, or; | ||
(c) default shall be made in the performance of | ||
any agreement made with the purchasers or successive holders of any | ||
bonds; | ||
(2) And such default shall have continued such period, | ||
if any, as may be prescribed by said resolution in respect thereof, | ||
the trustee under the indenture or indentures entered into in | ||
respect of the bonds authorized thereby, or, if there shall be no | ||
such indenture, a trustee appointed in the manner provided in such | ||
resolution or resolutions by the holders of twenty-five per centum | ||
(25%) in aggregate principal amount of the bonds authorized thereby | ||
and at that time outstanding, and upon the written request of the | ||
holders of twenty-five per centum (25%) in aggregate principal | ||
amount of the bonds authorized by such resolution or resolutions at | ||
the time outstanding, shall, in his or its own name, but for the | ||
equal and proportionate benefit of the holders of all the such | ||
bonds; and with or without having possession thereof; | ||
(a) by mandamus or other suit, action or | ||
proceeding at law or in equity, enforce all rights of the holders of | ||
such bonds; | ||
(b) bring suit upon such bonds and/or the | ||
appurtenant coupons; | ||
(c) by action or suit in equity, require the | ||
District to account as if it were the trustee of an express trust | ||
for the bondholders; | ||
(d) by action or suit in equity, enjoin any acts | ||
or things which may be unlawful or in violation of the rights of the | ||
holders of such bonds, and/or; | ||
(e) after such notice of the District as such | ||
resolution may provide, declare the principal of all of such bonds | ||
due and payable, and if all defaults shall have been made good, then | ||
with the written consent of the holders of twenty-five (25) per | ||
centum in aggregate principal amount of such bonds at the time | ||
outstanding, annul such declaration and its consequences; | ||
provided, however, that the holders of more than a majority in | ||
principal amount of the bonds authorized thereby and at the time | ||
outstanding shall by [ |
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delivered to such trustee have the right to direct and control any | ||
and all action taken or to be taken by such trustee under this | ||
paragraph. Any such resolution, indenture or agreement may provide | ||
that in any such suit, action, or proceeding, any such trustee, | ||
whether or not all of such bonds shall have been declared due and | ||
payable, and with or without possession of any thereof, shall be | ||
entitled as of right to the appointment of a receiver who may enter | ||
and take possession of all or any part of the properties of the | ||
District, and operate and maintain the same, and fix, collect, and | ||
receive rates and charges sufficient to provide revenues adequate | ||
to pay the items set forth in subparagraphs (a), (b), (c), (d) and | ||
(e) of Section 9 hereof and the costs and disbursements of such | ||
suit, action or proceeding, and to apply such revenues in | ||
conformity with the provisions of this Act and the resolution or | ||
resolutions authorizing such bonds. In any suit, action or | ||
proceeding by any such trustee, the reasonable fees, counsel fees | ||
and expenses of such trustee and of the receiver or receivers, if | ||
any, shall constitute taxable disbursements and all costs and | ||
disbursements allowed by the Court shall be a first charge upon any | ||
revenues pledged to secure the payment of such bonds. Subject to | ||
the provisions of the Constitution of the State of Texas, the courts | ||
of the County of Comal shall have jurisdiction of any suit, action | ||
or proceeding by any such trustee on behalf of the bondholders and | ||
of all property involved therein. In addition to the powers | ||
hereinabove specifically provided for, each such trustee shall have | ||
and possess all powers necessary or appropriate [ |
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the exercise of any thereof, or incident to the general | ||
representation of the bondholders in the enforcement of their | ||
rights. | ||
(3) Pending the issuance of definitive bonds, the | ||
District is authorized to make and issue interim bonds. The interim | ||
bonds so issued will be taken up with the proceeds of the definitive | ||
bonds, or the definitive bonds may be issued and delivered in | ||
exchange for and in substitution of such interim bonds. After any | ||
such exchange and substitution the District shall file proper | ||
certificates with the Comptroller of Public Accounts of the State | ||
of Texas as to such exchange, substitution and cancellation, and | ||
such certificates shall be recorded by the Comptroller of Public | ||
Accounts in the same manner as the record of proceedings | ||
authorizing the issuance of the bonds. The District is also | ||
authorized to make and issue temporary bonds for the purpose of | ||
interim financing and to make agreements or other provision to | ||
refinance such temporary bonds with bonds to provide permanent | ||
financing at such time, in such manner and on such conditions as may | ||
be determined by the Board. | ||
(4) Before any bonds shall be sold by the District, a | ||
certified copy of the proceedings for the issuance thereof, | ||
including the form of such bonds, together with any other | ||
information which the Attorney General of the State of Texas may | ||
require, shall be submitted to the Attorney General, and if he shall | ||
find that such bonds have been issued in accordance with law, and if | ||
he shall approve such bonds, he shall execute a certificate to that | ||
effect which shall be filed in the office of the Comptroller of the | ||
State of Texas and be recorded in a record kept for that purpose. No | ||
bonds shall be issued until the same shall have been registered by | ||
the Comptroller, who shall so register the same if the Attorney | ||
General shall have filed with the Comptroller his certificate | ||
approving the bonds and the proceedings for the issuance thereof as | ||
hereinabove provided. | ||
(5) All bonds approved by the Attorney General as | ||
aforesaid, and registered by the Comptroller as aforesaid, and | ||
issued in accordance with the proceedings so approved shall be | ||
valid and binding obligations of the District and shall be | ||
incontestable for any cause from and after the time of such | ||
registration. | ||
(6) If any bonds recite that they are secured by a | ||
pledge of the proceeds of a contract, lease, sale or other agreement | ||
(herein called 'contract'), a copy of such contract and the | ||
proceedings of the contracting parties will also be submitted to | ||
the Attorney General. If such bonds have been authorized and such | ||
contracts made in compliance with law, the Attorney General shall | ||
approve the bonds and contracts, and the bonds shall then be | ||
registered by the Comptroller of Public Accounts. When so | ||
approved, such bonds and the contracts shall be valid and binding | ||
and shall be incontestable for any cause from and after the time of | ||
such registration. | ||
(7) The District is authorized to make and issue bonds | ||
or notes (herein called 'refunding bonds') for the purpose of | ||
refunding or refinancing any outstanding bonds or notes authorized | ||
and issued by the District pursuant to this Act or other law (herein | ||
called 'bonds') and the interest and premium, if any, thereon to | ||
maturity or on any earlier redemption date specified in the | ||
resolution authorizing the issuance of the refunding bonds. Such | ||
refunding bonds may be issued to refund more than one series of | ||
outstanding bonds, may combine the pledges of the outstanding bonds | ||
for the security of the refunding bonds or may be secured by other | ||
or additional revenues. All provisions of this Act with reference | ||
to the issuance of bonds, the terms and provisions thereof, their | ||
approval by the Attorney General, and the remedies of the | ||
bondholders shall be applicable to refunding bonds. Refunding | ||
bonds shall be registered by the Comptroller upon surrender and | ||
cancellation of the bonds to be refunded, but in lieu thereof, the | ||
resolution authorizing the issuance of refunding bonds may provide | ||
that they shall be sold and the proceeds thereof deposited at the | ||
places at which the original bonds are payable, in which case the | ||
refunding bonds may be issued in an amount sufficient to pay the | ||
interest and premium, if any, on the original bonds to their | ||
maturity date or specified earlier redemption date, and the | ||
Comptroller will register them without concurrence, surrender and | ||
cancellation of the original bonds. The District may also refund | ||
any outstanding bonds in the manner provided by any applicable | ||
General Law. | ||
SECTION 8. Chapter 75, Acts of the 43rd Legislature, 1st | ||
Called Session, 1933, is amended by adding Sections 23, 24, and 25 | ||
to read as follows: | ||
Sec. 23. (a) The Board shall develop a policy to encourage | ||
the use of: | ||
(1) negotiated rulemaking procedures under Chapter | ||
2008, Government Code, for the adoption of District rules; and | ||
(2) appropriate alternative dispute resolution | ||
procedures under Chapter 2009, Government Code, to assist in the | ||
resolution of internal and external disputes under the District's | ||
jurisdiction. | ||
(b) The District's procedures relating to alternative | ||
dispute resolution must conform, to the extent possible, to any | ||
model guidelines issued by the State Office of Administrative | ||
Hearings for the use of alternative dispute resolution by state | ||
agencies. | ||
(c) The District shall: | ||
(1) coordinate the implementation of the policy | ||
adopted under Subsection (a) of this section; | ||
(2) provide training as needed to implement the | ||
procedures for negotiated rulemaking or alternative dispute | ||
resolution; and | ||
(3) collect data concerning the effectiveness of those | ||
procedures. | ||
Sec. 24. (a) The Board shall develop and implement policies | ||
that provide the public with a reasonable opportunity to appear | ||
before the Board and to speak on any issue under the jurisdiction of | ||
the District. | ||
(b) At each regular meeting of the Board, the Board shall | ||
include public testimony as a meeting agenda item and allow members | ||
of the public to comment on other agenda items and other matters | ||
under the jurisdiction of the District. The Board may not | ||
deliberate on or decide a matter not included in the meeting agenda, | ||
except that the Board may discuss including the matter on the agenda | ||
for a subsequent meeting. | ||
Sec. 25. (a) The District shall maintain a system to | ||
promptly and efficiently act on complaints filed with the District. | ||
The District shall maintain information about the parties to and | ||
subject matter of the complaint, a summary of the results of the | ||
review or investigation of the complaint, and the disposition of | ||
the complaint. | ||
(b) The District shall make information available | ||
describing its procedures for complaint investigation and | ||
resolution. | ||
(c) The District shall periodically notify the complaint | ||
parties of the status of the complaint until final disposition. | ||
SECTION 9. Section 8, Chapter 75, Acts of the 43rd | ||
Legislature, 1st Called Session, 1933, is repealed. | ||
SECTION 10. (a) The term of the president of the board of | ||
directors of the Guadalupe-Blanco River Authority serving on the | ||
effective date of this Act expires September 1, 2019. The director | ||
serving as president on the effective date of this Act may continue | ||
to serve on the board of directors until the expiration of that | ||
director's term. | ||
(b) Not later than September 2, 2019, the governor shall | ||
designate a director as president of the board of directors of the | ||
Guadalupe-Blanco River Authority as required by Section 5, Chapter | ||
75, Acts of the 43rd Legislature, 1st Called Session, 1933, as | ||
amended by this Act. | ||
SECTION 11. (a) Notwithstanding Section 4A(a), Chapter 75, | ||
Acts of the 43rd Legislature, 1st Called Session, 1933, as added by | ||
this Act, a person serving on the board of directors of the | ||
Guadalupe-Blanco River Authority may vote, deliberate, and be | ||
counted as a director in attendance at a meeting of the board until | ||
December 1, 2019. | ||
(b) This section expires January 1, 2020. | ||
SECTION 12. The repeal by this Act of Section 8, Chapter 75, | ||
Acts of the 43rd Legislature, 1st Called Session, 1933, does not | ||
apply to an offense committed before the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law as it existed on the date the offense was | ||
committed, and the former law is continued in effect for that | ||
purpose. For purposes of this section, an offense was committed | ||
before the effective date of this Act if any element of the offense | ||
occurred before that date. | ||
SECTION 13. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this Act are fulfilled | ||
and accomplished. | ||
SECTION 14. This Act takes effect September 1, 2019. |