HB5375 - 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.

      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.         & [Text truncated for display. Full text available on Congress.gov.]