Lopez Bill Lets Cities Hand Over Utilities Without An Election

The text as introduced · 3,970 words

By: Lopez of Cameron
H.B. No. 5375

A BILL TO BE ENTITLED

AN ACT

relating to creating the NORTHERN CAMERON AND WILLACY COUNTY WATER

AUTHORITY; providing authority to issue bonds; granting the power

of eminent domain; providing authority to impose fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle X, Title 6, Special District Local Laws

Code, is amended by adding Chapter 11020 to read as follows:

CHAPTER 11020. NORTHERN CAMERON AND WILLACY COUNTY WATER AUTHORITY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 11020.0101. DEFINITIONS. In this chapter:

(1) "Authority" means the NORTHERN CAMERON AND WILLACY

COUNTY WATER AUTHORITY.

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

Authority.

(3) "Director" means a member of the board.

(4) "District" means any district or authority created

under Section 52, Article III, or Section 59, Article XVI, Texas

Constitution, regardless of the manner of creation.

(5) "Local government" means:

(A) a municipality, county, district, or other

political subdivision of this state;

(B) a local government corporation;

(C) a nonprofit corporation created to act on

behalf of a local government; or

(D) a combination of two or more of the entities

described by this subdivision.

(6) "Private entity" includes an individual,

corporation, organization, business trust, estate, trust,

partnership, and association and any other legal entity that is not

a governmental body or agency.

(7) "Sponsor" means:

(A) the initial sponsors of the Authority under

Section 11020.0105; and

(B) a local government or private entity added to

the Authority as a member under Section 11020.0106.

(8) "Water" includes:

(A) groundwater, percolating or otherwise,

notwithstanding the quality of the groundwater;

Sec. 11020.0102. NATURE OF AUTHORITY. The Authority is a

regional water authority created under and essential to accomplish

the purposes of Section 59, Article XVI, Texas Constitution.

Sec. 11020.0103. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.

(a) The Authority is created to serve a public use and benefit.

(b) All land and other property included in the territory of

the Authority will benefit from the works and projects to be

accomplished by the Authority under powers conferred by Section 59,

Article XVI, Texas Constitution, and powers granted under this

chapter.

Sec. 11020.0104. AUTHORITY TERRITORY. The territory of the

Authority is composed of the territory:

(1) of the sponsors, including territory within the

municipal boundaries of a sponsor that is a municipality;

(2) if applicable, located in the service areas of the

sponsors, including the territory within the sponsors'

certificates of convenience and necessity; and

(3) added to and not excluded from the Authority in

accordance with applicable law.

Sec. 11020.0105. INITIAL SPONSORS. The initial sponsors of

the Authority are:

(1) Cameron County;

(2) Willacy County;

(3) City of Primera;

(4) City of La Feria;

(5) City of San Benito;

(6) City of Harlingen and Harlingen Water Works System

(7) City of Rio Hondo

(8) City of Santa Rosa

(9) City of Port Isabel

(10) City of Combes

(11) City of Lyford

Sec. 11020.0106. METHOD OF ADDING SPONSORS. (a) A local

government or a private entity may petition the board to add that

local government or private entity as a sponsor.

(b) A petition under Subsection (a) must be submitted in the

manner and form required by board rule.

(c) On receipt of a petition under Subsection (a), the board

shall set a hearing on the petition and provide notice of the date,

time, place, and purpose of the hearing to:

(1) the sponsors of the Authority; and

(2) the petitioning local government or private

entity.

(d) At the hearing, the board shall determine whether:

(1) the local government or private entity will

benefit from being added to the Authority as a sponsor; and

(2) it is in the best interest of the Authority to add

the local government or private entity to the Authority as a

sponsor.

(e) If, after a hearing on the petition, the board

determines that the local government or private entity should be

added to the Authority as a sponsor, the board shall issue an order:

(1) adding the local government or private entity to

the Authority;

(2) adding the local government's or private entity's

territory or service area to the territory of the Authority;

(3) making the local government's or private entity's

territory or service area subject to the privileges, duties,

assets, and financial obligations of the Authority to the same

degree as other sponsors already included in the Authority; and

(4) stating the effective date of the order.

(f) If the subject of the order is a local government, the

effective date of the order must allow enough time for the local

government to comply with Subsection (g).

(g) A local government that is the subject of an order

issued under Subsection (e) shall publish notice of the Authority's

proposal to add the local government to the Authority as a sponsor.

The notice must:

(1) be published in a newspaper of general circulation

in the county in which the local government is located;

(2) be published at least once per week for two

consecutive weeks and with the first publication appearing on or

before the 14th day before the effective date of the order; and

(3) state the effective date of the order.

Sec. 11020.0107. METHOD OF REMOVING SPONSORS. (a) The

governing body of a sponsor may petition the board to remove the

entity from the Authority as a sponsor.

(b) A petition must be submitted in the manner and form

required by board rule.

(c) After receiving a petition under Subsection (a), the

board shall:

(1) decide whether the petitioning sponsor should be

removed from the Authority as a sponsor; and

(2) by order approve, conditionally approve, or

disapprove the petition.

(d) The board may not approve a petition submitted under

this section if that action would impair or violate or conflict with

the terms of any outstanding bonds, notes, or other obligations of

the Authority.

(e) An order issued under Subsection (c) that approves or

conditionally approves a sponsor's petition to be removed from the

Authority as a sponsor must address:

(1) all matters related to the removal as determined

by the board, including the removal of the territory of the sponsor

and, if applicable, territory located in the service area of the

sponsor as provided by the sponsor's certificate of convenience and

necessity; and

(2) if applicable, any conditions imposed by the board

that the petitioning sponsor must satisfy before the board approves

the petition, which may include:

(A) payment by the petitioning sponsor of all

bonds, notes, or other obligations issued by the Authority on

behalf of the sponsor;

(B) payment by the petitioning sponsor of the

sponsor's pro rata share of any bond, note, or other obligation

issued by the Authority, other than the bonds, notes, or other

obligations described by Paragraph (A), if the payment is allowed

under the terms of the bond, note, or other obligation;

(C) conditions related to the ownership or

transfer of ownership of real property, facilities, equipment,

personnel, and supplies; and

(D) conditions the Authority considers necessary

for the winding up of activities in connection with the removal of

the petitioning sponsor as a sponsor from the Authority.

(f) If the board by order issued under Subsection (c)

conditionally approves a sponsor's petition, the petitioning

sponsor remains a sponsor and shall make all payments owed to the

Authority when due and shall satisfy all conditions included in the

order. The board shall approve the petition immediately after all

required payments to the Authority are received and all conditions

included in the order are satisfied as determined by the board.

(g) The removal of a sponsor from the Authority under this

section does not prohibit the former sponsor from contracting with

the Authority for the provision of water supply, wastewater

treatment, or other services provided by the Authority.

Sec. 11020.0108. REAPPORTIONMENT OF DIRECTORS. After the

addition or removal of a sponsor under this subchapter, the board by

rule shall reapportion the directors of the Authority among the

sponsors in accordance with Section 11020.0201(c)(2). The board

may increase or decrease the number of directors on the board in

accordance with Section 11020.0201(a).

Sec. 11020.0109. LIBERAL CONSTRUCTION OF CHAPTER. This

chapter shall be liberally construed to effect its purposes.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 11020.0201. DIRECTORS. (a) Except for the initial

board of directors, the Authority is governed by a board of

directors consisting of at least 5 and not more than 18 members.

(b) The board is responsible for the management, operation,

and control of the Authority.

(c) The board by rule shall:

(1) establish the number of directors of the

Authority; and

(2) apportion the directors for each sponsor based on

the amount of water contracted to be supplied to the sponsor under

the terms of the Authority's water supply contract with the

sponsor, subject to Section 11020.0203(a).

Sec. 11020.0202. ELIGIBILITY TO SERVE AS DIRECTOR. (a) To

be eligible to serve as a director, a person must be:

(1) at least 18 years of age; and

(2) a resident of the territory located in the

Authority or an employee of a sponsor.

(b) A director who also serves on the governing body of a

sponsor is not a dual officeholder and is not prohibited by the

common law doctrine of incompatibility from serving on both the

board and the governing body.

(c) Service on the board by a public officeholder is an

additional duty of that person's office.

Sec. 11020.0203. APPOINTMENT OF DIRECTORS. (a) Each

sponsor is entitled to appoint at least one director.

(b) Each director must be appointed by the governing body of

a sponsor in accordance with the rules adopted under Section

11020.0201 that govern the apportionment of directors among the

sponsors.

(c) Each sponsor shall appoint the appropriate number of

directors not earlier than January 1 and not later than February 28

of each year.

Sec. 11020.0204. TERMS OF OFFICE. (a) Directors serve

staggered three-year terms, with one-third or as near as possible

to one-third of the members' terms expiring February 28 of each

year.

(b) A director's term begins on March 1 of the year the

director is appointed.

(c) A director may not serve more than five consecutive

terms as a director.

Sec. 11020.0205. REMOVAL OF DIRECTOR. A sponsor that

appoints a director may remove the director from office at any time,

with or without cause.

Sec. 11020.0206. BOARD VACANCY. If there is a vacancy on

the board, the governing body of the sponsor that appointed the

director who vacated the office shall appoint a director to serve

the remainder of the term.

Sec. 11020.0207. VOTING AUTHORITY. (a) Except as provided

by Subsection (b), each director is entitled to one vote on any

issue before the board.

(b) The board may establish a graduated voting procedure

after each sponsor has appointed a director to the board.

Sec. 11020.0208. OFFICERS. At the first meeting of the

board after March 1 of each year, the board shall elect officers for

the Authority, including a chair, vice chair, secretary, and

treasurer.

Sec. 11020.0209. MEETINGS AND ACTIONS OF BOARD; QUORUM.

(a) The board may meet as many times each year as the board

considers appropriate.

(b) A concurrence of a majority of the directors present and

voting is sufficient for transacting any business of the Authority

unless other applicable law, or the Authority by rule, requires a

concurrence of a greater number of directors for a specific type of

decision.

(c) Directors of the Authority are public officials and are

entitled to governmental immunity for their actions in their

capacity as directors and officers of the Authority.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 11020.0301. GENERAL POWERS AND DUTIES. (a) The

Authority may:

(1) acquire, purchase, own, hold, lease, construct,

improve, and maintain a reservoir, groundwater well, or other

source of water supply, including:

(A) groundwater, and

(B) aquifer storage and recovery facilities;

(2) acquire, own, construct, operate, repair,

improve, maintain, or extend, inside or outside the Authority's

boundaries, water and wastewater works, improvements, facilities,

plants, pipelines, equipment, and appliances for:

(A) the treatment and transportation of water and

wastewater;

(B) the direct or indirect reuse of wastewater;

(C) aquifer storage and recovery projects; and

(D) the provision of wholesale water and

wastewater services to Authority customers, municipalities,

districts, water supply corporations, and other persons in this

state;

(3) acquire, purchase, own, hold, lease, and maintain

interests, including capacity rights and other contractual rights,

in sources of water supply, reservoirs, groundwater wells,

treatment works, improvements, facilities, plants, equipment,

appliances, aquifer storage and recovery projects, and the direct

or indirect reuse of wastewater;

(4) finance any purchase or acquisition through a

bond, note, or other obligation under Subchapter E, or through a

lease-purchase agreement; and

(5) sell, lease, convey, or otherwise dispose of any

right, interest, or property the Authority considers to be

unnecessary for the efficient operation or maintenance of the

Authority's facilities.

(b) In addition to the powers specifically provided by this

chapter, the Authority may exercise the powers provided by Section

65.201, Water Code.

Sec. 11020.0302. AUTHORITY POLICIES, RULES, AND BYLAWS.

The Authority may adopt and enforce policies, rules, and bylaws

reasonably required to implement this chapter, including rules

governing procedures before the board and rules regarding

implementation, enforcement, and any other matters related to the

exercise of the rights, powers, privileges, and functions conferred

on the Authority by this chapter for the provision of water and

wastewater service.

Sec. 11020.0303. EMINENT DOMAIN. (a) The Authority may

exercise the power of eminent domain to acquire a fee simple or

other interest in property if the interest is necessary for the

Authority to exercise the rights or authority conferred by this

chapter.

(b) The Authority shall exercise the right of eminent domain

in the manner provided by Chapter 21, Property Code. The Authority

is not required to give bond for appeal or bond for costs in a

condemnation suit or other suit to which it is a party.

(c) The Authority may not use the power of eminent domain

for the condemnation of land for the purpose of acquiring rights to

groundwater or for the purpose of acquiring water or water rights.

Sec. 11020.0304. WATER CONSERVATION OR DROUGHT CONTINGENCY

PLANS. The Authority by rule may develop, prepare, revise, adopt,

implement, enforce, and manage water conservation or drought

contingency plans for the Authority or any portion of the

Authority.

Sec. 11020.0305. SPONSOR CONVEYANCES AND ACQUISITIONS. (a)

In this section, "utility system" has the meaning assigned by

Section 1502.001, Government Code.

(b) A sponsor may convey a utility system facility or asset

or the sponsor's interest in a utility system facility or asset to

the Authority without holding an election to approve the

conveyance.

(c) A sponsor is exempt from the provisions of Chapter 1502,

Government Code, regarding the conveyance, sale, or acquisition of

a utility system, or any related works, improvements, facilities,

plants, equipment, or appliances.

Sec. 11020.0306. CONTRACTS. (a) The Authority may

contract with any person to carry out a power authorized by this

chapter.

(b) A person who enters into a contract with the Authority

may pledge to the payment of the contract any source of revenue that

may be available to the person, including ad valorem taxes, if the

person has the authority to impose those taxes.

(c) Payments made under a contract with the Authority

constitute an operating expense of the person served under the

contract, unless otherwise prohibited by a previously outstanding

obligation of the person. To the extent a person pledges funds to

the payment of the contract that are to be derived from the person's

own water system, the payments constitute an operating expense of

that system.

Sec. 11020.0307. COOPERATIVE CONTRACTS. The Authority may

enter into an interlocal contract with a local government under

Chapter 791, Government Code, to carry out a power of the Authority.

Sec. 11020.0308. RATES AND FEES. (a) The Authority shall

establish rates and fees to be assessed against sponsors and

customers of the Authority. The rates and fees may be established

by classes of customers, by project, or by area of service.

(b) A sponsor, local government, water supply corporation,

private entity, or other person that contracts with the Authority

shall establish, charge, and collect fees, rates, charges, rentals,

and other amounts for any service or facility provided under or in

connection with a contract with the Authority and shall pledge

sufficient amounts to make all payments required under the

contract.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 11020.0401. AD VALOREM TAXES PROHIBITED. The

Authority may not impose an ad valorem tax.

Sec. 11020.0402. GIFTS, GRANTS, LOANS, AND OTHER MONEY.

The Authority may apply for, accept, receive, and administer gifts,

grants, loans, and other money available from any source.

SUBCHAPTER E. BONDS, NOTES, AND OTHER OBLIGATIONS

Sec. 11020.0501. REVENUE BONDS, NOTES, AND OTHER

OBLIGATIONS. (a) In addition to bonds, notes, and other

obligations that the Authority is authorized to issue under other

law, to accomplish the purposes of the Authority, the Authority may

issue bonds, notes, or other obligations payable solely from and

secured by all or part of any funds or any revenue from any source or

sources, including:

(1) fees, rates, and other charges the Authority

imposes or collects;

(2) the sale of:

(A) water;

(B) water or wastewater services;

(C) water rights or capacity;

(D) water transmission rights, capacity, or

services;

(E) water pumping;

(F) wastewater reused directly or indirectly;

(G) aquifer storage and recovery services; or

(H) any other service or product of the Authority

provided inside or outside the boundaries of the Authority;

(3) grants or gifts;

(4) the ownership or operation of all or a designated

part of the Authority's works, improvements, facilities, plants, or

equipment; and

(5) the proceeds of contracts.

(b) Bonds, notes, or other obligations issued by the

Authority may be first or subordinate lien obligations at the

board's discretion.

(c) In connection with any bonds, notes, or other

obligations of the Authority, the Authority may exercise any power

of an issuer under Chapter 1371, Government Code.

(d) The Authority may conduct a public, private, or

negotiated sale of the bonds, notes, or other obligations.

(e) The Authority may enter into one or more indentures of

trust to further secure its bonds, notes, or other obligations.

(f) The Authority may issue bonds, notes, or other

obligations in more than one series as necessary to carry out the

purposes of this chapter. In issuing bonds, notes, or other

obligations secured by revenue of the Authority, the Authority may

reserve the right to issue additional bonds, notes, or other

obligations secured by the Authority's revenue that are on parity

with or are senior or subordinate to the bonds, notes, or other

obligations issued earlier.

(g) A resolution of the board or a trust indenture securing

the bonds, notes, or other obligations may specify additional

provisions that constitute a contract between the Authority and the

Authority's bondholders, noteholders, or other obligation holders.

(h) Bonds, notes, or other obligations may be additionally

secured by deed of trust or mortgage on any or all of the

Authority's facilities.

(i) The authority provided by this chapter for the

authorization and issuance of bonds, notes, and other obligations

is in addition to, and not in lieu of, the authority otherwise

established under general law and may not be construed as a

limitation on, or a modification of, general law providing for

authorization and issuance of bonds, notes, and other forms of

obligations. Nothing in this chapter may be construed as affecting

any existing contract, bond, note, or other obligation of the

Authority or any indenture, covenant, mortgage, or other agreement

relating to them.

Sec. 11020.0502. ELECTION NOT REQUIRED. The Authority is

not required to hold an election to approve the issuance of revenue

bonds or notes or of other obligations under this subchapter.

Sec. 11020.0503. USE OF REVENUE AND GROWTH PROJECTIONS.

For the purposes of attorney general review and approval and in lieu

of any other manner of demonstrating the ability to pay debt service

and satisfy any other pecuniary obligations relating to bonds,

notes, or other obligations, the Authority may demonstrate the

Authority's ability to satisfy the debt service and those

obligations using accumulated funds of the Authority and revenue

and growth projections prepared by a professional utility rate

consultant at the direction of the Authority. If the resolution

authorizing the issuance of the bonds, notes, or other obligations

provides that the Authority intends to increase rates to the extent

necessary to pay debt service and satisfy any other pecuniary

obligations arising under the bonds, notes, or other obligations,

the revenue projections prepared by a professional utility rate

consultant may include forecast rate increases and accumulated and

available fund balances as determined by the Authority.

Sec. 11020.0504. REFUNDING BONDS. The Authority may issue

refunding bonds, notes, and other obligations to refund any of its

bonds, notes, or other obligations in any manner provided by law,

including Chapter 1207, Government Code.

Sec. 11020.0505. BONDS, NOTES, AND OTHER OBLIGATIONS EXEMPT

FROM TAXATION. A bond, note, or other obligation issued under this

chapter, a transaction related to the bond, note, or other

obligation, the interest on the bond, note, or other obligation,

and the profit from the sale of the bond, note, or other obligation

are exempt from taxation by this state or a political subdivision of

this state.

SECTION 2. (a) The sponsors of the Authority shall appoint

the initial directors under Section 11020.0203, Special District

Local Laws Code, as added by this Act, not earlier than 30 days and

not later than 90 days after the effective date of this Act.

(b) As soon as practicable after the initial directors have

been appointed under Section 11020.0203, Special District Local

Laws Code, as added by this Act, the initial directors shall draw

lots to determine which directors serve a one-year term expiring

February 28, 2027, which directors serve a two-year term expiring

February 28, 2028, and which directors serve a three-year term

expiring February 28, 2029. The lots must be split into thirds or

as near to thirds as possible.

SECTION 3. (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 4. (a) If this Act does not receive a two-thirds

vote of all the members elected to each house, Subchapter C, Chapter

11020, Special District Local Laws Code, as added by Section 1 of

this Act, is amended by adding Section 11020.0309 to read as

follows:

Sec. 11020.0309. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

(b) This section is not intended to be an expression of a

legislative interpretation of the requirements of Section 17(c),

Article I, Texas Constitution.

SECTION 5. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.