HBA-NMO H.B. 695 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 695 By: Denny Natural Resources 3/1/1999 Introduced BACKGROUND AND PURPOSE Currently, the Upper Trinity Regional Water District (district) provides wholesale water and waste water service to Denton County, areas outside Denton County within the boundaries of the district's member entities, and the City of Irving. H.B. 695 authorizes the district, under contract with a political subdivision, to adopt and enforce rules applicable in the boundaries of that subdivision to preserve and protect the quality of all water, sanitary sewage, and storm water that may affect the water supplies of that subdivision, the district, or the state. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Upper Trinity Regional Water District in SECTION 1 (Section 27, Chapter 1053, Acts of the 71st Legislature, Regular Session, 1989) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 27, Chapter 1053, Acts of the 71st Legislature, Regular Session, 1989, by adding Subsections (d)-(h), as follows: (d) Authorizes the Upper Trinity Regional Water District (district), under a contract with a county (entity), municipality (entity), or water district (entity), to adopt and enforce rules applicable in the boundaries of that entity and in other areas under the jurisdiction of the entity to: (1) preserve and protect the quality and sanitary condition of all water, sanitary sewage, and storm water that may affect a water supply of the entity, the district, or the state; or (2) prevent waste or unauthorized use of water, sanitary sewage, or storm water under jurisdiction of an entity or the district. (e) Prohibits the district from adopting rules under Subsection (d) that exceed the authority of the entity, and provides that the rules must conform to the terms of the contract. (f) Requires the district to publish a notice of the substance of the rules adopted under Subsection (d) and of any penalties for a violation of the rules once a week for two consecutive weeks in a newspaper with general circulation in the district. (g) Prohibits a penalty for a violation of the rules from taking effect before the fifth day after the date of the second publication of the notice. (h) Provides that a violation of a rule adopted under this section is a Class C misdemeanor. SECTION 2. Provides that all resolutions, orders, and other acts or attempted acts of the board of directors of the district relating to any election, contract, or issuance of bonds or other obligations and the expenditure of funds in payment of the bonds and all other governmental and proprietary actions by the board of directors of that district are validated in all respects. Provides that all the resolutions, orders, and other acts or attempted acts of the board of directors of the district and all elections, contracts, issuances of bonds or other obligations, and payments of the district are valid as though they originally had been legally authorized or accomplished. SECTION 3. Provides that SECTION 2 does not apply to or affect litigation pending on the effective date of this Act in any court of competent jurisdiction in this state to which the district is a party. SECTION 4. (a) Provides that the proper and 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 by the constitution and other laws of this state, including the governor, who has submitted the notice and Act to the Texas Natural Resource Conservation Commission (TNRCC). (b) Provides that the TNRCC has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time. (c) Provides that 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 5. Emergency clause. Effective date: upon passage.