HB2626 - Relating to creating the Central Texas Water Alliance; providing authority to issue bonds; granting the power of eminent domain; providing authority to impose fees.

  89R18946 MP-F     By: Buckley, Hickland, Curry, Spiller H.B. No. 2626     Substitute the following for H.B. No. 2626:     By:  Martinez C.S.H.B. No. 2626       A BILL TO BE ENTITLED   AN ACT   relating to creating the Central Texas Water Alliance; 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. CENTRAL TEXAS WATER ALLIANCE   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 11020.0101.  DEFINITIONS. In this chapter:                 (1)  "Alliance" means the Central Texas Water Alliance.                 (2)     "Board" means the board of directors of the   alliance.                 (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 alliance under   Section 11020.0105; and                       (B)     a local government or private entity added to   the alliance as a member under Section 11020.0106.                 (8)  "Water" includes:                       (A)     groundwater, percolating or otherwise,   notwithstanding the quality of the groundwater;                       (B)     any surface water, naturally or artificially   impounded or in a navigable or nonnavigable watercourse; and                       (C)     municipal wastewater or industrial   wastewater, including municipal wastewater or industrial   wastewater that has been treated to a quality suitable for reuse for   a beneficial use.           Sec.   11020.0102.     NATURE OF ALLIANCE. The alliance 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 alliance is created to serve a public use and benefit.           (b)     All land and other property included in the territory of   the alliance will benefit from the works and projects to be   accomplished by the alliance under powers conferred by Section 59,   Article XVI, Texas Constitution, and powers granted under this   chapter.           Sec.   11020.0104.     ALLIANCE TERRITORY.   The territory of the   alliance 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 alliance in   accordance with applicable law.           Sec.   11020.0105.     INITIAL SPONSORS.   The initial sponsors of   the alliance are:                 (1)  Bell County;                 (2)     Bell County Water Control and Improvement District   No. 1;                 (3)     Clearwater Underground Water Conservation   District; and                 (4)  McLennan County.           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 alliance; 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 alliance as a sponsor; and                 (2)     it is in the best interest of the alliance to add   the local government or private entity to the alliance 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 alliance as a sponsor, the board shall issue an order:                 (1)     adding the local government or private entity to   the alliance;                 (2)     adding the local government's or private entity's   territory or service area to the territory of the alliance;                 (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 alliance to the same   degree as other sponsors already included in the alliance; 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 alliance's   proposal to add the local government to the alliance 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 alliance 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 alliance 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 alliance.           (e)     An order issued under Subsection (c) that approves or   conditionally approves a sponsor's petition to be removed from the   alliance 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 alliance 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 alliance, 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 alliance considers necessary   for the winding up of activities in connection with the removal of   the petitioning sponsor as a sponsor from the alliance.           (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   alliance when due and shall satisfy all conditions included in the   order. The board shall approve the petition immediately after all   required payments to the alliance are received and all conditions   included in the order are satisfied as determined by the board.           (g)     The removal of a sponsor from the alliance under this   section does not proh [Text truncated for display. Full text available on Congress.gov.]