HB3154 - Relating to the creation, powers, duties, and financing of the Wise Regional Water District; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose fees; creating a criminal offense.

  89R21071 ANG-D     By: Hopper, Buckley, Villalobos, Fairly, H.B. No. 3154       et al.     Substitute the following for H.B. No. 3154:     By:  Martinez C.S.H.B. No. 3154       A BILL TO BE ENTITLED   AN ACT   relating to the creation, powers, duties, and financing of the Wise   Regional Water District; granting a limited power of eminent   domain; providing authority to issue bonds; providing authority to   impose fees; creating a criminal offense.          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 11021 to read as follows:   CHAPTER 11021.   WISE REGIONAL WATER DISTRICT   SUBCHAPTER A.   GENERAL PROVISIONS           Sec. 11021.0101.  DEFINITIONS. In this chapter:                 (1)     "Basic service area" means the geographic area   inside the corporate limits or boundaries of all participants and   all customers and the areas that are served by those members and   customers.                 (2)     "Board" means the board of directors of the   district.                 (3)     "Contract member" means a governmental entity that   provides retail utility service in its boundaries, that contracts   with the district not later than the end of the second year after   the effective date of the Act enacting this chapter to preserve the   option to become a participant in the 10-year period following the   effective date of the Act enacting this chapter, and that agrees to   pay an annual pro rata share of the administrative and planning   costs of the district that are unrelated to capital projects to be   financed by the district, provided that the share of administrative   and planning costs may not exceed for a contract member 50 cents per   capita unless otherwise agreed by at least 75 percent of the   contract members having, collectively, at least 75 percent of the   population represented by all the contract members.                 (4)  "County" means Wise County, Texas.                 (5)     "Customer" means a wholesale user of the water or   wastewater services provided by the district that provides retail   utility service in the boundaries of the user.                 (6)  "District" means the Wise Regional Water District.                 (7)     "Participant" means a governmental entity that   provides retail utility service in the entity's boundaries and that   contracts with the district for the construction of and payment for   the water or wastewater projects to be financed by the district.                 (8)     "Service area" means that geographic area in the   boundaries of the district.                 (9)     "Subdistrict" means a subdistrict authorized to be   created under this chapter.                 (10)     “Water district” means a conservation and   reclamation district created under Section 52, Article III, or   Section 59, Article XVI, Texas Constitution.           Sec.   11021.0102.     LEGISLATIVE FINDINGS. (a) The   legislature finds that the creation and establishment of the   district and the creation and establishment of subdistricts in the   district are essential to the accomplishment of the purposes of   Section 59, Article XVI, Texas Constitution.           (b)     The legislature finds that all of the land and other   property included in the boundaries of the district and in the   boundaries of a subdistrict will be benefited by the improvements,   works, and projects that are to be provided by the district and by   subdistricts under the powers conferred on the district and   subdistricts by this chapter, and that the district is created to   serve a public use and benefit and any subdistrict created will   serve a public use and will be for a public purpose.           Sec.   11021.0103.     CREATION. (a) A conservation and   reclamation district is created under Section 59, Article XVI,   Texas Constitution. The district shall be known as the Wise   Regional Water District.           (b)     An election confirming the creation of the district is   not required.           Sec.   11021.0104.     TERRITORY.   (a)   Except as provided by   Subsection (b) and Section 11021.0105, the territory of the   district is coextensive with the territory of the county.           (b)     The territory of the district also includes the entire   area in the boundaries of any participant or contract member, a   portion of whose incorporated limits or boundaries are partially   inside the county as those boundaries existed on the effective date   of the Act enacting this chapter.           Sec.   11021.0105. EXPANSION OF DISTRICT. (a) The territory of   the district may be expanded to include the area within the   boundaries of a municipality or water district outside the county,   if the district and the municipality or water district execute a   contract member's contract or a participating member's contract not   later than the second anniversary of the effective date of the Act   enacting this chapter.           (b)     Approval of a contract member's contract between the   district and the municipality or water district requires a   three-quarters majority vote of the district's board of directors.   Approval of a participating member's contract between the district   and the municipality or water district requires a three-quarters   majority vote of the weighted vote of all directors eligible to   vote.   SUBCHAPTER B.     ADMINISTRATIVE PROVISIONS           Sec.   11021.0201.     BOARD OF DIRECTORS. (a) The district is   governed by a board of directors. A director may not be an elected   official of any governmental entity that has the authority to   appoint a member of the board.           (b)     Directors shall be appointed by the commissioners court   of the county and the governing bodies of the participants and   contract members in the manner provided by Section 11021.0202.           (c)     A director is subject to removal with or without cause   by action of the governing body of the entity that originally   appointed that member.           (d)     The board has exclusive authority to manage the district   under this chapter.           Sec.   11021.02015.     INITIAL BOARD.   (a)   The initial board   shall be appointed as follows:                 (1)     the commissioners court of the county shall   appoint one director; and                 (2)     each of the following entities shall appoint one   director:                       (A)  the City of Alvord;                       (B)  the City of Aurora;                       (C)  the City of Boyd;                       (D)  the City of Bridgeport;                       (E)  the City of Decatur;                       (F)  the City of Newark;                       (G)  the City of New Fairview;                       (H)  the City of Paradise;                       (I)  the City of Rhome;                       (J)     the Walnut Creek Special Utility District;   and                       (K)  the West Wise Special Utility District.           (b)     The initial directors serve until the date the directors   are appointed under Section 11021.0202.           (c)     This section expires on the second anniversary of the   effective date of the Act enacting this chapter.           Sec.   11021.0202.     COMPOSITION OF BOARD. (a)   Each   participant or contract member shall appoint one member to the   board and the Commissioners Court of Wise County shall appoint one   member to the board.           (b)     An entity that contracts with the district more than   five years after the effective date of the Act enacting this chapter   is entitled to representation on the board only under the rules   established by the board for the admission of board members and   member entities.   For a contract member to which this section   applies, the board may establish rules regarding:                 (1)     appointing members to the board by the contract   member;                 (2)     voting authority of a board member appointed by   the contract member; and                 (3)     for a member appointed by the contract member,   voting weight for that board member appointed by the contract   member.           Sec.   11021.0203.     VOTES OF DIRECTORS. (a) Directors who are   appointed by the participants are entitled to vote on all matters   before the board, including all projects to be considered by the   board in all service areas of the district, regardless of whether   the participant is participating in the project.           (b)     A board vote concerning the authorization of and   financial commitments for capital projects must be determined as   provided by this section.           (c)     Each participant that is receiving or that has   contracted to receive service or capacity, including that service   or capacity to be received as a result of the capital project then   under consideration, has one vote for each four million gallons per   day, or portion of that amount, of service or capacity for which the   participant has contracted with the district. The amount for which   the participant has contracted shall be determined by taking into   account the amount of service or capacity the participant receives   from a water treatment plant, a wastewater treatment plant, or a raw   water supply, or any combination of the preceding.           (d)     Each participant with a population of 50,000 or more is   entitled to one extra vote that may be cast on those matters   requiring a weighted vote.           (e)     Participation in capital projects financed by the   district through the issuance of special facility bonds entitles   that entity to be classified as a participant, but does not entitle   that entity to receive any credit toward the four million gallons   per day of service or capacity standard established in Subsection   (c).           (f)     A director who is appointed by a contract member that is   not a participant is entitled to one vote on all matters before the   board except those matters that require a weighted vote.           (g)     Regardless of the date on which an entity became a   member, the entity is not entitled to a number of weighted votes   that exceeds 25 percent of the weighted votes of all directors   eligible to vote for a capital project.       &# [Text truncated for display. 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