81C97(2) SGA

 

CHAPTER 8273.  EL PASO COUNTY TORNILLO WATER IMPROVEMENT DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8273.001.  DEFINITIONS ...............................  1

Sec. 8273.002.  NATURE OF AUTHORITY .......................  2

Sec. 8273.003.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE ....  3

Sec. 8273.004.  AUTHORITY TERRITORY .......................  3

[Sections 8273.005-8273.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8273.051.  COMPOSITION OF BOARD; TERMS ...............  5

Sec. 8273.052.  DIRECTOR'S BOND ...........................  7

Sec. 8273.053.  OFFICIAL BOARD ACTIONS ....................  7

Sec. 8273.054.  COMPENSATION ..............................  8

Sec. 8273.055.  CHANGING METHOD OF ELECTING DIRECTORS .....  9

[Sections 8273.056-8273.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8273.101.  GENERAL POWERS ............................  9

Sec. 8273.102.  MUNICIPAL UTILITY DISTRICT POWERS ......... 10

Sec. 8273.103.  PERMITS; WATER SUPPLY ACQUISITION ......... 11

Sec. 8273.104.  DOMESTIC, INDUSTRIAL, OR COMMUNAL WASTE ... 12

Sec. 8273.105.  WATER CONSERVATION PROGRAM ................ 13

Sec. 8273.106.  ADDITIONAL POWERS ......................... 13

Sec. 8273.107.  CONSTRUCTION CONTRACTS .................... 14

CHAPTER 8273.  EL PASO COUNTY TORNILLO WATER IMPROVEMENT DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8273.001.  DEFINITIONS.  In this chapter:

(1)  "Authority" means the El Paso County Tornillo Water Improvement District.

(2)  "Board" means the board of directors of the authority.

(3)  "Director" means a member of the board.  (Acts 70th Leg., R.S., Ch. 916, Secs. 1(a) (part), 2; New.)

Source Law

Sec. 1.  (a)  … [a … district] … to be known as "El Paso County Tornillo Water Improvement District," … .

Sec. 2.  In this Act, "authority" means the El Paso County Tornillo Water Improvement District.

Revisor's Note

The definitions of "board" and "director" are added to the revised law for drafting convenience and to eliminate frequent, unnecessary repetition of the substance of the definitions.

Revised Law

Sec. 8273.002.  NATURE OF AUTHORITY.  The authority is a conservation and reclamation district in El Paso County created under Section 59, Article XVI, Texas Constitution.  (Acts 70th Leg., R.S., Ch. 916, Sec. 1(a) (part).)

Source Law

Sec. 1.  (a)  Pursuant to Article XVI, Section 59, of the Texas Constitution, a conservation and reclamation district is created in El Paso County, … which shall be a governmental agency and a body politic and corporate.

Revisor's Note

Section 1(a), Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, refers to the authority as "a governmental agency and a body politic and corporate."  The revised law omits the quoted language because it duplicates part of Section 59(b), Article XVI, Texas Constitution, which provides that a conservation and reclamation district is a governmental agency and a body politic and corporate.

Revised Law

Sec. 8273.003.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  The authority is created to serve a public use and benefit.

(b)  All land and other property included in the boundaries of the authority will benefit from the works and projects accomplished by the authority under the powers conferred by Section 59, Article XVI, Texas Constitution.

(c)  The creation of the authority is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  (Acts 70th Leg., R.S., Ch. 916, Secs. 1(b), 5.)

Source Law

[Sec. 1]  

(b)  The creation of the authority is declared to be essential to the accomplishment of the purposes of Article XVI, Section 59, of the Texas Constitution.

Sec. 5.  The legislature finds that all of the land and other property included within the boundaries of the authority will be benefitted by the works and projects that are to be accomplished by the authority under powers conferred by Article XVI, Section 59, of the Texas Constitution, and that the authority is created to serve a public use and benefit.

Revised Law

Sec. 8273.004.  AUTHORITY TERRITORY.  (a)  The authority is composed of the territory described by Section 3, Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, as that territory may have been modified under:

(1)  Subchapter H, Chapter 54, Water Code;

(2)  Subchapter J, Chapter 49, Water Code; or

(3)  other law.

(b)  The boundaries and field notes of the authority form a closure.  A mistake in the field notes or in copying the field notes in the legislative process does not affect:

(1)  the authority's organization, existence, or validity;

(2)  the authority's right to impose a tax; or

(3)  the legality or operation of the authority or its governing body.  (Acts 70th Leg., R.S., Ch. 916, Sec. 4; New.)

Source Law

Sec. 4.  The legislature finds that the boundaries and field notes of the authority form a closure.  If any mistake is made in the field notes or in copying the field notes in the legislative process, it in no way affects the organization, existence, and validity of the authority, or the right of the authority to levy and collect taxes, or in any other manner affects the legality or operation of the authority or its governing body.

Revisor's Note

(1)  The revision of the law governing the authority does not revise the statutory language describing the territory of the authority to avoid the lengthy recitation of the description.  Additionally, because the authority's boundaries are subject to change, that description may not be accurate on the effective date of the revision or at the time of a later reading.  For the reader's convenience, the revised law includes references to the statutory description of the authority's territory and to the authority to change the authority's territory under Subchapter H, Chapter 54, Water Code, applicable to municipal utility districts, and Subchapter J, Chapter 49, Water Code, applicable to the authority under Sections 49.001 and 49.002 of that chapter.  The revised law also includes a reference to the general authority of the legislature to enact a law to change the authority's territory.

(2)  Section 4, Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, refers to the authority to "levy and collect" taxes.  The revised law substitutes "impose" for "levy and collect" because "impose" is the term generally used in Title 1, Tax Code, and includes the levy and collection of a tax.

[Sections 8273.005-8273.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

Sec. 8273.051.  COMPOSITION OF BOARD; TERMS.  (a)  The authority is governed by a board of seven directors elected to numbered places.

(b)  Directors serve staggered terms.  (Acts 70th Leg., R.S., Ch. 916, Secs. 7(a), (b) (part), 9(b).)

Source Law

Sec. 7.  (a)  The authority is governed by a board of seven directors.

(b)  Except for the initial directors, each director shall be elected and … .

[Sec. 9]

(b)  The directors for Places 1-4 shall be elected in odd-numbered years and the directors for places 5-7 shall be elected in even-numbered years.

Revisor's Note

(1)  Section 7(b), Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, provides for the election and terms of directors "[e]xcept for the initial directors." The revised law omits the quoted language because all of the permanent directors have been elected and initial directors no longer serve on the board.

(2)  Sections 7(b) and 9(a), Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, provide that directors serve terms of two years, with certain directors being elected on the third Saturday in May each year.  The revised law omits the provisions regarding two-year terms and annual elections as superseded by the 1995 enactment of Section 49.103, Water Code.  Section 49.103 now provides for a four-year term of office, with elections held on the uniform election date in May of even-numbered years.  Throughout this chapter, the revised law omits law that is superseded by Chapter 49, Water Code, or that duplicates law contained in that chapter.  Chapter 49, Water Code, applies to the authority under Sections 49.001 and 49.002 of that code.  The omitted law reads:

[Sec. 7]

(b)  … [each director] … shall serve for a two-year term of office.

Sec. 9.  (a)  Beginning in the first year following the confirmation and directors' election, an election shall be held on the third Saturday in May every year to elect the appropriate number of directors to the board.

(3)  Section 7(c), Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, provides that each director shall qualify to serve as director in the manner provided by Chapter 54, Water Code.  The revised law omits that provision as obsolete because Chapter 715, Acts of the 74th Legislature, Regular Session, 1995, repealed the relevant provisions of Chapter 54, Water Code, and enacted similar provisions in Chapter 49, Water Code, including Section 49.055, Water Code, which applies on its own terms and prescribes the manner in which a director must qualify for office.  The omitted law reads:

(c)  Each director shall qualify to serve as director in the manner provided by Chapter 54, Water Code.

(4)  Sections 7(d)-(f), Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, refer to the initial board of directors and to vacancy procedures.  The revised law omits as executed the language relating to the composition of the initial board and the duty of the initial directors to serve until permanent directors are elected.  The revised law omits as executed the language relating to vacancy procedures, to the extent the language applies to the initial board.  To the extent the vacancy language applies to subsequent boards, the revised law omits that language as duplicative in substance of Section 49.105(c), Water Code.  The omitted law reads:

(d)  At the time this Act takes effect, the following persons shall constitute the initial board of directors of the authority:

(1)  Place 1 Rafael Chavez;

(2)  Place 2 Charles Ivy;

(3)  Place 3 David Burrus;

(4)  Place 4 Chente Quintanilla;

(5)  Place 5 Ofelia Bosquez;

(6)  Place 6 John Conner; and

(7)  Place 7 Clemente Escalante.

(e)  If any of the directors listed in Subsection (d) of this section fails to qualify for office, the remaining directors shall appoint a qualified person to fill the vacancy for the unexpired term.  If at any time the number of qualified directors is less than four because of the failure or refusal of one or more directors to qualify or serve because of death or incapacitation or for any other reason, the Texas Water Commission shall appoint the necessary number of directors to fill all vacancies on the board.

(f)  The initial directors shall serve until permanent directors are elected as provided by Section 9 of this Act and Chapter 54, Water Code.

Revised Law

Sec. 8273.052.  DIRECTOR'S BOND.  Each director shall execute a bond for $5,000 payable to the authority and conditioned on the faithful performance of the director's duties. (Acts 70th Leg., R.S., Ch. 916, Sec. 7(g) (part).)

Source Law

(g)  Each director shall execute a bond for $5,000 payable to the authority and conditioned on the faithful performance of his duties… .

Revisor's Note

Section 7(g), Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, provides that the authority shall pay the cost of a director's bond.  The revised law omits that provision because it duplicates, in substance, Section 49.055(c), Water Code.  The omitted law reads:

(g)  … The authority shall pay the cost of the bond.

Revised Law

Sec. 8273.053.  OFFICIAL BOARD ACTIONS.  The affirmative vote of a majority of the directors is required for any official board action. (Acts  70th Leg., R.S., Ch. 916, Sec. 7(h) (part).)

Source Law

(h)  … no official action of the board is valid without the affirmative vote of a majority of the members of the board.

Revisor's Note

Section 7(h), Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, provides that a majority of the directors on the board constitutes a quorum.  The revised law omits that provision because it duplicates Section 49.053, Water Code.  The omitted law reads:

(h)  A majority of the members of the board of directors constitute a quorum for the transaction of business of the district, but … .

Revised Law

Sec. 8273.054.  COMPENSATION.  Unless the board by resolution increases the fee to an amount authorized by Section 49.060, Water Code, the authority may provide that each director is entitled to receive $20 for each day of service necessary to discharge the director's duties.  (Acts 70th Leg., R.S., Ch. 916, Sec. 7(j) (part); New.)

Source Law

(j)  The authority may provide that each director is entitled to receive $20 for each day of service necessary to discharge his duties. …

Revisor's Note

(1)  Section 7(j), Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, provides that the authority may authorize for each director a payment of $20 for each day of service necessary to discharge the director's duties.  Section 49.060, Water Code, enacted in 1995 and applicable by its own terms to the authority, authorizes higher fees.  Section 49.060(e), however, provides that if the amount of the fee set by Section 49.060 would result in a fee increase, the increase does not apply to a district unless the district's board by resolution adopts a higher fee.  The revised law is drafted accordingly.

(2)  Section 7(j), Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, provides that a director may be reimbursed for expenses incurred on authority business.  The revised law omits the provision because it is expressly superseded by Section 49.060, Water Code (enacted in 1995).  The omitted law reads:

(j)  … Each director may also be reimbursed for actual expenses incurred on authority business.

Revised Law

Sec. 8273.055.  CHANGING METHOD OF ELECTING DIRECTORS.  If the board determines that it is in the best interest of the residents of the authority to change the method by which directors are elected, the board may adopt any plan of redistricting, including a plan based on equal geographical areas.  (Acts 70th Leg., R.S., Ch. 916, Sec. 7(i).)

Source Law

(i)  If the board of directors determines that it would be in the best interest of the residents of the authority to change the method by which directors are elected, the board may adopt any plan of redistricting, including a plan based on equal geographical areas.

[Sections 8273.056-8273.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 8273.101.  GENERAL POWERS.  The authority may perform any act consistent with the powers granted by this chapter.  (Acts 70th Leg., R.S., Ch. 916, Sec. 10(d) (part).)

Source Law

(d)  The authority may … perform any other act consistent with the powers granted by this Act.

Revised Law

Sec. 8273.102.  MUNICIPAL UTILITY DISTRICT POWERS.  The authority has the rights, powers, privileges, and functions conferred by the general law applicable to a municipal utility district created under Section 59, Article XVI, Texas Constitution, including Chapters 49, 50, and 54, Water Code.  (Acts 70th Leg., R.S., Ch. 916, Sec. 6(a) (part); New.)

Source Law

Sec. 6.  (a)  The authority has all of the rights, powers, privileges, authority, and functions conferred by the general laws of this state applicable to municipal utility districts created under Article XVI, Section 59, of the Texas Constitution, including those conferred by Chapters 50 and 54, Water Code. …

Revisor's Note

(1)  Section 6(a), Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, refers to "rights, powers, privileges, [and] authority."  The revised law omits the reference to "authority" because, in context, "authority" is included in the meaning of "rights, powers, [and] privileges."

(2)  Section 6(a), Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, refers to Chapters 50 and 54, Water Code.  For the reader's convenience, the revised law adds a reference to Chapter 49, Water Code, because Chapter 715, Acts of the 74th Legislature, Regular Session, 1995, repealed most of the provisions of Chapter 50 and many provisions of Chapter 54 and enacted similar provisions in Chapter 49, Water Code, which applies to the authority under Sections 49.001 and 49.002 of that chapter.

(3)  Section 6(a), Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, provides that the act prevails over general law in case of a conflict or inconsistency.  The revised law omits that provision because it duplicates Section 311.026(b), Government Code (Code Construction Act).  The omitted law reads:

(a)  … If any provision of general law is in conflict or inconsistent with this Act, this Act prevails.

(4)  Section 6(b), Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, refers to the continuing right of supervision to be exercised by the Texas Water Commission.  The revised law omits the provision because the Texas Commission on Environmental Quality is the successor to the Texas Water Commission, and therefore the provision duplicates, in substance, part of Section 12.081, Water Code, which applies to the authority.  The omitted law reads:

(b)  The rights, powers, privileges, authority, and functions granted to the authority are subject to the continuing right of supervision of the State of Texas to be exercised by and through the Texas Water Commission.

Revised Law

Sec. 8273.103.  PERMITS; WATER SUPPLY ACQUISITION.  The authority may:

(1)  acquire water appropriation permits, construction

permits, and other permits directly from the Texas Commission on Environmental Quality or from owners of permits;

(2)  acquire water or a water supply from any person, including a public agency, this state, or the United States;

(3)  contract with one or more substantial users of water to acquire the water supply on an agreed allocation of storage space between the authority and the user; or

(4)  contract independently for the authority's water supply. (Acts 70th Leg., R.S., Ch. 916, Sec. 10(a) (part).)

Source Law

Sec. 10.  (a)  The authority may:

(1)  acquire water appropriation permits, construction permits, and other permits directly from the Texas Water Commission or from owners of permits;

(2)  acquire water or a water supply from any person, firm, corporation, or public agency, from this state, or from the United States government or any of its agencies;

(3)  contract with one or more substantial users of water to acquire the water supply on an agreed allocation of storage space as between the authority and the user, or may contract independently for the authority's water supply; and

…

Revisor's Note

(1)  Section 10(a), Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, refers to the "Texas Water Commission."  Throughout this chapter, the revised law substitutes "Texas Commission on Environmental Quality" for "Texas Water Commission" to reflect the current name of the agency with the relevant regulatory authority.

(2)  Section 10(a), Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, refers to a "person, firm, corporation, or public agency."  The revised law omits the references to "firm" and "corporation" because Section 311.005(2), Government Code (Code Construction Act), defines "person" to include a corporation or any other legal entity.

(3)  Section 10(a), Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, refers to "the United States government" and "any of its agencies."  The revised law omits the reference to "agencies" of the United States because under Section 311.005(9), Government Code (Code Construction Act), "United States" includes an agency of the United States.

Revised Law

Sec. 8273.104.  DOMESTIC, INDUSTRIAL, OR COMMUNAL WASTE.  The authority may collect, transport, process, dispose of, and control all domestic, industrial, or communal waste, whether in fluid, solid, or composite state. (Acts 70th Leg., R.S., Ch. 916, Sec. 10(a) (part).)

Source Law

(a)  The authority may:

…

(4)  collect, transport, process, dispose of, and control all domestic, industrial, or communal waste, whether in fluid, solid, or composite state.

Revised Law

Sec. 8273.105.  WATER CONSERVATION PROGRAM.  (a)  In this section, "program of water conservation" means the practices, techniques, and technologies that will reduce water consumption, reduce water loss or waste, improve efficiency in water use, or increase water recycling and reuse so that a water supply is available for future uses.

(b)  The authority shall adopt and implement a program of water conservation consistent with rules and criteria adopted and enforced by the Texas Commission on Environmental Quality for similarly situated districts in the region.  (Acts 70th Leg., R.S., Ch. 916, Sec. 10(b).)

Source Law

(b)  The authority shall adopt and implement a program of water conservation consistent with rules and criteria adopted and enforced by the Texas Water Commission for similarly situated districts in the region.  A program of water conservation means the practices, techniques, and technologies that will reduce the consumption of water, reduce the loss or waste of water, improve efficiency in the use of water, or increase the recycling and reuse of water so that a water supply is made available for future uses.

Revised Law

Sec. 8273.106.  ADDITIONAL POWERS.  The authority may purchase, construct, acquire, own, lease, operate, maintain, repair, improve, and extend, inside or outside the authority's boundaries, land or an interest in land, any work, improvement, facility, plant, equipment, or appliance incident, helpful, or necessary to provide for:

(1)  the control, storage, preservation, transmission, treatment, and distribution and use of storm water, floodwater, the water of rivers and streams, and groundwater for municipal, domestic, industrial, and other beneficial uses; and

(2)  the collection, transportation, processing, disposition, and control of domestic, industrial, or commercial waste.  (Acts 70th Leg., R.S., Ch. 916, Sec. 10(c).)

Source Law

(c)  The authority may purchase, construct, acquire, own, lease, operate, maintain, repair, improve, and extend inside and outside its boundaries, land and any interest in land, any and all works, improvements, facilities, plants, equipment, and appliances incident, helpful, or necessary to provide for:

(1)  the control, storage, preservation, transmission, treatment, and distribution and use of storm water and floodwater, the water of rivers and streams, and underground water, for municipal, domestic, industrial, and other beneficial uses; and

(2)  the collection, transportation, processing, disposition, and control of domestic, industrial, or commercial waste.

Revisor's Note

Section 10(c), Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, refers to "underground water."  The revised law substitutes "groundwater" for "underground water" because that is the more commonly used term and is the term used by Chapter 36, Water Code, which applies to groundwater conservation districts.

Revised Law

Sec. 8273.107.  CONSTRUCTION CONTRACTS.  (a)  The authority may award a construction contract that requires an expenditure of more than $12,500 only after publication of notice to bidders once each week for two consecutive weeks immediately before awarding the contract.

(b)  The notice must be published in a newspaper with general circulation in the authority, as designated by the board.

(c)  The notice must state:

(1)  the time and place for opening the bids;

(2)  the general nature of the work to be done or the material, equipment, or supplies to be purchased; and

(3)  the terms on which copies of the plans and specifications may be obtained.

(d)  The authority is not required to advertise work to be performed in an emergency. (Acts 70th Leg., R.S., Ch. 916, Sec. 11.)

Source Law

Sec. 11.  Any construction contract requiring an expenditure of more than $12,500 shall be made after publication of a notice to bidders once each week for two consecutive weeks immediately before awarding the contract.  The notice shall state the time and place the bids will be opened, the general nature of the work to be done, or the material, equipment, or supplies to be purchased, and the terms on which copies of the plans and specifications may be obtained.  The notice shall be published in a newspaper with general circulation in the authority and designated by the board of directors. The authority is not required to advertise work to be performed in an emergency situation.

Revisor's Note

(End of Subchapter)

Section 10(d), Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, provides that the authority may contract with any person.  The revised law omits that provision because it duplicates, in substance, Section 49.213(b), Water Code.  The omitted law reads:

(d)  [The authority may] enter into any contract with any person, firm, corporation, city, district, public agency, or other political subdivision and … .

Revisor's Note

(End of Chapter)

(1)  Sections 1(a) and 8, Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, require an election to confirm establishment of the authority and to elect initial permanent directors.  The revised law omits those provisions as executed.  The omitted law reads:

Sec. 1.  (a)  … [a …  district is created] … subject to approval at a confirmation election under Section 8 of this Act, … .

Sec. 8.  An election shall be called and held to confirm establishment of the authority and to elect seven permanent directors as provided by Chapter 54, Water Code, and Section 9 of this Act.

(2)  Section 12, Chapter 916, Acts of the 70th Legislature, Regular Session, 1987, states that the notice, introduction, and passage of the act satisfied the requirements of the Texas Constitution, other laws of this state, and rules and procedures of the legislature.  Section 12 also provides that the Texas Water Commission timely filed recommendations relating to the act.  The revised law omits those provisions as executed.  The omitted law reads:

Sec. 12.  The legislature finds that proper and 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 by the constitution and laws of this state, including the governor of Texas, who has submitted the notice and Act to the Texas Water Commission.  Also, the legislature finds that the Texas Water Commission has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives, within the required time.  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 have been fulfilled and accomplished.