Bill Text: TX SB523 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to the sunset review of river authorities.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Passed) 2015-06-19 - Effective immediately [SB523 Detail]

Download: Texas-2015-SB523-Enrolled.html

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S.B. No. 523

AN ACT
relating to the sunset review of river authorities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. SUNSET ACT. Chapter 325, Government Code, is
amended by adding Section 325.025 to read as follows:
Sec. 325.025. RIVER AUTHORITIES SUBJECT TO REVIEW. (a) A
river authority listed in Subsection (b) is subject to a limited
review under this chapter as if it were a state agency but may not be
abolished.
(b) This section applies to the:
(1) Angelina and Neches River Authority;
(2) Bandera County River Authority and Groundwater
District;
(3) Brazos River Authority;
(4) Central Colorado River Authority;
(5) Guadalupe-Blanco River Authority;
(6) Lavaca-Navidad River Authority;
(7) Lower Colorado River Authority;
(8) Lower Neches Valley Authority;
(9) Nueces River Authority;
(10) Palo Duro River Authority of Texas;
(11) Red River Authority of Texas;
(12) Sabine River Authority of Texas;
(13) San Antonio River Authority;
(14) San Jacinto River Authority;
(15) Sulphur River Basin Authority;
(16) Trinity River Authority of Texas;
(17) Upper Colorado River Authority; and
(18) Upper Guadalupe River Authority.
(c) The limited review under this chapter must assess each
river authority's:
(1) governance;
(2) management;
(3) operating structure; and
(4) compliance with legislative requirements.
(d) A river authority shall pay the cost incurred by the
commission in performing a review of the authority under this
section. The commission shall determine the cost, and the
authority shall pay the amount promptly on receipt of a statement
from the commission detailing the cost.
(e) A river authority reviewed by the commission under this
section may not be required to conduct a management audit under
Chapter 292, Title 30, Texas Administrative Code.
SECTION 2. ANGELINA AND NECHES RIVER AUTHORITY. Subchapter
A, Chapter 8501, Special District Local Laws Code, is amended by
adding Section 8501.0015 to read as follows:
Sec. 8501.0015. APPLICATION OF SUNSET ACT. (a) The
authority is subject to review under Chapter 325, Government Code
(Texas Sunset Act), but may not be abolished under that chapter.
The review shall be conducted under Section 325.025, Government
Code, as if the authority were a state agency scheduled to be
abolished September 1, 2023, and every 12th year after that year.
(b) The authority shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the authority shall pay
the amount promptly on receipt of a statement from the Sunset
Advisory Commission detailing the cost.
SECTION 3. BANDERA COUNTY RIVER AUTHORITY AND GROUNDWATER
DISTRICT. Chapter 629, Acts of the 62nd Legislature, Regular
Session, 1971, is amended by adding Section 1A to read as follows:
Sec. 1A. (a) The district is subject to review under
Chapter 325, Government Code (Texas Sunset Act), but may not be
abolished under that chapter. The review shall be conducted under
Section 325.025, Government Code, as if the district were a state
agency scheduled to be abolished September 1, 2023, and every 12th
year after that year.
(b) The district shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the district shall pay the
amount promptly on receipt of a statement from the Sunset Advisory
Commission detailing the cost.
SECTION 4. CENTRAL COLORADO RIVER AUTHORITY. Subchapter A,
Chapter 8505, Special District Local Laws Code, is amended by
adding Section 8505.0021 to read as follows:
Sec. 8505.0021. APPLICATION OF SUNSET ACT. (a) The
authority is subject to review under Chapter 325, Government Code
(Texas Sunset Act), but may not be abolished under that chapter.
The review shall be conducted under Section 325.025, Government
Code, as if the authority were a state agency scheduled to be
abolished September 1, 2017, and every 12th year after that year.
(b) The authority shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the authority shall pay
the amount promptly on receipt of a statement from the Sunset
Advisory Commission detailing the cost.
SECTION 5. GUADALUPE-BLANCO RIVER AUTHORITY. Chapter 75,
Acts of the 43rd Legislature, 1st Called Session, 1933, is amended
by adding Section 1A to read as follows:
Sec. 1A. (a) The District is subject to review under
Chapter 325, Government Code (Texas Sunset Act), but may not be
abolished under that chapter. The review shall be conducted under
Section 325.025, Government Code, as if the District were a state
agency scheduled to be abolished September 1, 2019, and every 12th
year after that year.
(b) The District shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the District shall pay the
amount promptly on receipt of a statement from the Sunset Advisory
Commission detailing the cost.
SECTION 6. LAVACA-NAVIDAD RIVER AUTHORITY. Chapter 186,
Acts of the 50th Legislature, Regular Session, 1947, is amended by
adding Section 1A to read as follows:
Sec. 1A. (a) The District is subject to review under
Chapter 325, Government Code (Texas Sunset Act), but may not be
abolished under that chapter. The review shall be conducted under
Section 325.025, Government Code, as if the District were a state
agency scheduled to be abolished September 1, 2023, and every 12th
year after that year.
(b) The District shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the District shall pay the
amount promptly on receipt of a statement from the Sunset Advisory
Commission detailing the cost.
SECTION 7. LOWER COLORADO RIVER AUTHORITY. Chapter 8503,
Special District Local Laws Code, is amended by adding Section
8503.0021 to read as follows:
Sec. 8503.0021. APPLICATION OF SUNSET ACT. (a) The
authority is subject to review under Chapter 325, Government Code
(Texas Sunset Act), but may not be abolished under that chapter.
The review shall not include the management of the generation or
transmission of electricity under the wholesale electricity
operation of the authority and the authority's affiliated nonprofit
corporations. The review shall be conducted under Section 325.025,
Government Code, as if the authority were a state agency scheduled
to be abolished September 1, 2019, and every 12th year after that
year.
(b) In anticipation of the sunset review under Subsection
(a), based on the results of an audit, including a
performance-related audit, conducted by the state auditor before
December 1, 2016, the state auditor may make recommendations to the
legislature, including whether a review conducted under Subsection
(a) should include the financial operation and management of the
generation or transmission of electricity under the wholesale
electricity operation of the authority and the authority's
affiliated nonprofit corporations.
(c) The authority shall pay the cost incurred by the Sunset
Advisory Commission in performing the review under Subsection (a).
The Sunset Advisory Commission shall determine the cost, and the
authority shall pay the amount promptly on receipt of a statement
from the Sunset Advisory Commission detailing the cost.
SECTION 8. LOWER COLORADO RIVER AUTHORITY. Section
8503.015, Special District Local Laws Code, is amended to read as
follows:
Sec. 8503.015. AUDITS [AUDIT]. (a) The authority is
subject to the audit provisions of Subchapter G, Chapter 49, Water
Code.
(b) The authority is subject to the audit provisions of
Chapter 321, Government Code. This subsection expires January 1,
2017.
SECTION 9. LOWER NECHES VALLEY AUTHORITY. Subchapter A,
Chapter 8504, Special District Local Laws Code, is amended by
adding Section 8504.0021 to read as follows:
Sec. 8504.0021. APPLICATION OF SUNSET ACT. (a) The
authority is subject to review under Chapter 325, Government Code
(Texas Sunset Act), but may not be abolished under that chapter.
The review shall be conducted under Section 325.025, Government
Code, as if the authority were a state agency scheduled to be
abolished September 1, 2021, and every 12th year after that year.
(b) The authority shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the authority shall pay
the amount promptly on receipt of a statement from the Sunset
Advisory Commission detailing the cost.
SECTION 10. NUECES RIVER AUTHORITY. Chapter 427, Acts of
the 44th Legislature, 1st Called Session, 1935, is amended by
adding Section 1.02A to read as follows:
Sec. 1.02A. APPLICATION OF SUNSET ACT. (a) The authority
is subject to review under Chapter 325, Government Code (Texas
Sunset Act), but may not be abolished under that chapter. The
review shall be conducted under Section 325.025, Government Code,
as if the authority were a state agency scheduled to be abolished
September 1, 2019, and every 12th year after that year.
(b) The authority shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the authority shall pay
the amount promptly on receipt of a statement from the Sunset
Advisory Commission detailing the cost.
SECTION 11. PALO DURO RIVER AUTHORITY OF TEXAS. Chapter
438, Acts of the 63rd Legislature, Regular Session, 1973, is
amended by adding Section 1A to read as follows:
Sec. 1A. (a) The Authority is subject to review under
Chapter 325, Government Code (Texas Sunset Act), but may not be
abolished under that chapter. The review shall be conducted under
Section 325.025, Government Code, as if the Authority were a state
agency scheduled to be abolished September 1, 2017, and every 12th
year after that year.
(b) The Authority shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the Authority shall pay
the amount promptly on receipt of a statement from the Sunset
Advisory Commission detailing the cost.
SECTION 12. RED RIVER AUTHORITY OF TEXAS. Chapter 279, Acts
of the 56th Legislature, Regular Session, 1959, is amended by
adding Section 1A to read as follows:
Sec. 1A. (a) The Authority is subject to review under
Chapter 325, Government Code (Texas Sunset Act), but may not be
abolished under that chapter. The review shall be conducted under
Section 325.025, Government Code, as if the Authority were a state
agency scheduled to be abolished September 1, 2019, and every 12th
year after that year.
(b) The Authority shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the Authority shall pay
the amount promptly on receipt of a statement from the Sunset
Advisory Commission detailing the cost.
SECTION 13. SABINE RIVER AUTHORITY OF TEXAS. Chapter 110,
Acts of the 51st Legislature, Regular Session, 1949, is amended by
adding Section 2A to read as follows:
Sec. 2A. (a) The district is subject to review under
Chapter 325, Government Code (Texas Sunset Act), but may not be
abolished under that chapter. The review shall be conducted under
Section 325.025, Government Code, as if the district were a state
agency scheduled to be abolished September 1, 2021, and every 12th
year after that year.
(b) The district shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the district shall pay the
amount promptly on receipt of a statement from the Sunset Advisory
Commission detailing the cost.
SECTION 14. BRAZOS RIVER AUTHORITY. Chapter 8502, Special
District Local Laws Code, is amended by adding Section 8502.0021 to
read as follows:
Sec. 8502.0021. APPLICATION OF SUNSET ACT. (a) The
authority is subject to review under Chapter 325, Government Code
(Texas Sunset Act), but may not be abolished under that chapter.
The review shall be conducted under Section 325.025, Government
Code, as if the authority were a state agency scheduled to be
abolished September 1, 2021, and every 12th year after that year.
(b) The authority shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the authority shall pay
the amount promptly on receipt of a statement from the Sunset
Advisory Commission detailing the cost.
SECTION 15. SAN ANTONIO RIVER AUTHORITY. Chapter 276, Acts
of the 45th Legislature, Regular Session, 1937, is amended by
adding Section 1-a to read as follows:
Sec. 1-a. APPLICATION OF SUNSET ACT. (a) The District is
subject to review under Chapter 325, Government Code (Texas Sunset
Act), but may not be abolished under that chapter. The review shall
be conducted under Section 325.025, Government Code, as if the
District were a state agency scheduled to be abolished September 1,
2023, and every 12th year after that year.
(b) The District shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the District shall pay the
amount promptly on receipt of a statement from the Sunset Advisory
Commission detailing the cost.
SECTION 16. SAN JACINTO RIVER AUTHORITY. Chapter 426, Acts
of the 45th Legislature, Regular Session, 1937, is amended by
adding Section 1A to read as follows:
Sec. 1A. (a) The District is subject to review under
Chapter 325, Government Code (Texas Sunset Act), but may not be
abolished under that chapter. The review shall be conducted under
Section 325.025, Government Code, as if the District were a state
agency scheduled to be abolished September 1, 2021, and every 12th
year after that year.
(b) The District shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the District shall pay the
amount promptly on receipt of a statement from the Sunset Advisory
Commission detailing the cost.
SECTION 17. SULPHUR RIVER BASIN AUTHORITY. Sections 1A(a)
and (c), Chapter 3, Acts of the 69th Legislature, 1st Called
Session, 1985, are amended to read as follows:
(a) The authority is subject to review under Chapter 325,
Government Code (Texas Sunset Act), but may not be abolished under
that chapter [as if it were a state agency]. The review shall be
conducted under Section 325.025, Government Code, as if the
authority were a state agency scheduled to be abolished September
1, 2017, and every 12th year after that year [Unless the authority
is continued in existence, the authority is abolished and this Act
expires September 1, 2017].
(c) The authority shall pay the costs incurred by the Sunset
Advisory Commission in performing the [a] review [of the authority
under this section]. The Sunset Advisory Commission shall
determine the costs, and the authority shall pay the amount
promptly on receipt of a statement from the Sunset Advisory
Commission detailing the costs.
SECTION 18. TRINITY RIVER AUTHORITY OF TEXAS. Chapter 518,
Acts of the 54th Legislature, Regular Session, 1955, is amended by
adding Section 1A to read as follows:
Sec. 1A. (a) The Authority is subject to review under
Chapter 325, Government Code (Texas Sunset Act), but may not be
abolished under that chapter. The review shall be conducted under
Section 325.025, Government Code, as if the Authority were a state
agency scheduled to be abolished September 1, 2023, and every 12th
year after that year.
(b) The Authority shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the Authority shall pay
the amount promptly on receipt of a statement from the Sunset
Advisory Commission detailing the cost.
SECTION 19. UPPER COLORADO RIVER AUTHORITY. Chapter 126,
General Laws, Acts of the 44th Legislature, Regular Session, 1935,
is amended by adding Section 1A to read as follows:
Sec. 1A. (a) The District is subject to review under
Chapter 325, Government Code (Texas Sunset Act), but may not be
abolished under that chapter. The review shall be conducted under
Section 325.025, Government Code, as if the District were a state
agency scheduled to be abolished September 1, 2017, and every 12th
year after that year.
(b) The District shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the District shall pay the
amount promptly on receipt of a statement from the Sunset Advisory
Commission detailing the cost.
SECTION 20. UPPER GUADALUPE RIVER AUTHORITY. Chapter 5,
page 1062, Special Laws, Acts of the 46th Legislature, Regular
Session, 1939, is amended by adding Section 1A to read as follows:
Sec. 1A. (a) The District is subject to review under
Chapter 325, Government Code (Texas Sunset Act), but may not be
abolished under that chapter. The review shall be conducted under
Section 325.025, Government Code, as if the District were a state
agency scheduled to be abolished September 1, 2021, and every 12th
year after that year.
(b) The District shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the District shall pay the
amount promptly on receipt of a statement from the Sunset Advisory
Commission detailing the cost.
SECTION 21. REPEALER. Sections 1A(b) and (d), Chapter 3,
Acts of the 69th Legislature, 1st Called Session, 1985, are
repealed.
SECTION 22. EFFECTIVE DATE. 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, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 523 passed the Senate on
April 9, 2015, by the following vote: Yeas 31, Nays 0;
May 27, 2015, Senate refused to concur in House amendment and
requested appointment of Conference Committee; May 28, 2015, House
granted request of the Senate; May 30, 2015, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 523 passed the House, with
amendment, on May 23, 2015, by the following vote: Yeas 139,
Nays 1, two present not voting; May 28, 2015, House granted request
of the Senate for appointment of Conference Committee;
May 31, 2015, House adopted Conference Committee Report by the
following vote: Yeas 141, Nays 2, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor