88R1441 ANG-D     By: Johnson, et al. S.B. No. 2582       A BILL TO BE ENTITLED   AN ACT   relating to the San Antonio River Authority, following   recommendations of the Sunset Advisory Commission; altering the   terms of office of the members of the board of directors of the   authority.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1-a(a), Chapter 276, Acts of the 45th   Legislature, Regular Session, 1937, is amended to read as follows:          (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, 2035 [2023], and every 12th year after   that year.          SECTION 2.  Section 3, Chapter 276, Acts of the 45th   Legislature, Regular Session, 1937, is amended to read as follows:          Sec. 3.  POWERS OF THE DISTRICT.  The District is hereby   invested with all of the powers of the State of Texas under Article   16, Section 59, of the Constitution of the State of Texas to   effectuate the construction, maintenance and operation of   navigable canals or waterways, to effectuate flood control, to   effectuate the conservation and use, for all beneficial purposes,   of ground, storm, flood and unappropriated flow waters in the   District, to effectuate irrigation, to effectuate soil   conservation, to effectuate sewage treatment, to effectuate   pollution prevention, to encourage and develop parks, recreational   facilities and to preserve fish, to effectuate forestation and   reforestation, and to do all things as are required therefor,   subject only to: (i) declarations of policy by the Legislature of   the State of Texas as to the use of water; (ii) continuing   supervision and control by the State Board of Water Engineers and   any board or agency which may thereafter succeed to its duties;   (iii) the provisions of Section 4, page 212, Acts of the   Thirty-fifth Legislature, 1917, as subsequently amended (codified   under Article 7471, Vernon's Civil Statutes of the State of Texas),   prescribing the priorities of uses for water; and (iv) the rights   heretofore or hereafter legally acquired in water by municipalities   and other users. Subject to the foregoing, it shall be the duty of   the District to exercise for the greatest practicable measure of   the conservation and beneficial utilization of all ground, storm,   flood and unappropriated flow waters of the District, in the manner   and for the particular purposes specified hereinafter in this   Section 3 and elsewhere in this Act the following powers, rights,   privileges and functions, to wit:          (a)  Navigation:          (1)  To promote, construct, maintain and operate, and/or to   make practicable, promote, aid and encourage, the construction,   maintenance and operation of navigable canals or waterways and all   navigational systems or facilities auxiliary thereto using the   natural bed and banks of the San Antonio River to its junction with   the Guadalupe River where practicable and thence traversing such   route as may be found by the District to be most feasible and   practicable to connect with the Intracoastal Canal and/or with any   new canal to be constructed and/or with any harbor at or near San   Antonio Bay or the Gulf of Mexico, and also using such new   correlated artificial waterways, together with all locks and other   works, structures and artificial facilities as may be necessary and   convenient for the construction, maintenance and operation of said   navigable canals or waterways and all navigational systems or   facilities auxiliary thereto. The District is empowered to   construct, or cause to be constructed, said system of artificial   waterways, canals, locks, works and other facilities so as to   connect the watershed area of the San Antonio River, including   navigation to or at a point near the City of San Antonio, with the   Intracoastal Canal and/or with any new canal to be constructed   and/or with any harbor at or near San Antonio Bay or the Gulf of   Mexico;          (2)  To control, develop, store and use the natural flow and   floodwaters of the San Antonio River and its tributaries for the   purpose of operating and maintaining said navigable canals or   waterways and all navigational systems or facilities auxiliary   thereto, provided, however, that such navigational use shall be   subordinate to consumptive use of water, and navigation shall be   incidental thereto;          (3)  In the case of the construction of said navigable canals   or waterways and all navigational systems or facilities auxiliary   thereto by the Federal Government or otherwise, the District shall   have the power to construct, maintain and operate lateral   connecting canals and turning basins to serve local needs, and   shall also have the power to provide, construct, acquire, purchase,   take over, lease from others, lease to others, and to maintain and   operate, develop, regulate and/or by franchise control wharves,   docks, warehouses, grain elevators, bunkering facilities, belt or   terminal railroads, floating plants, lighterage, towing   facilities, and all other facilities incident to or in aid of the   efficient operation and development of said canals or waterways and   all navigational systems or facilities auxiliary thereto, and any   ports incident thereto, whether the same be upon land or upon water;          (4)  In the event the construction and/or maintenance and   operation of said navigable canals or waterways and all   navigational systems or facilities auxiliary thereto is taken over   by the Federal Government or any agency of the Federal Government,   then and in such event the District shall be fully authorized to   make and enter into any such contracts as may be lawfully required   by the Federal Government, including such assignments and transfers   of property and rights of property and easements and privileges and   any and all other lawful things and acts may be necessary and   required in order to meet the requirements of the Federal   Government or any agency of the Federal Government in taking over   the construction and/or maintenance and operation of said navigable   canals or waterways and all navigational systems or facilities   auxiliary thereto;          (5)  The District may grant a franchise or right to any   person or body politic or corporate for the use of said navigable   canals or waterways and all navigational systems or facilities   auxiliary thereto or any facility thereof in aiding navigation and   no person or body politic or corporate may provide, maintain or   operate any facility of aid of navigation in any way connected with   said navigable canals or waterways and all navigational systems or   facilities auxiliary thereto and intended for use by the public   within the meaning and intent of this Act, except by and under the   franchise granted by this District, in the form of an ordinance as   provided by this Act, which franchise may be for any term not to   exceed fifty (50) years. Such ordinance granting franchise may   contain provisions for the payment of reasonable fees, and/or other   charges to be paid to the District, and shall contain provisions   adequate to regulate the fees, tolls, rates or exactions to be   demanded for the use of, or service to be rendered by any means or   facility to be provided or operated under any such franchise, to the   end that the same will be uniform, reasonable, and without   discrimination against any person, both as to charges and the   conditions of use or service, and such ordinance shall contain all   provisions reasonably required to procure service adequate to serve   the public necessity and convenience. The District may grant a   franchise for the design, construction, repair, enlargement,   alteration, maintenance, operation of, and service from, or use of   any facility to be provided for use in aid of navigation on said   navigable canals or water ways and all navigational systems or   facilities auxiliary thereto, whether upon land, or in or upon   water. The right hereby granted shall include the right to require   uniform and adequate analytic accounting systems and forms,   periodic verified reports based thereon, and the right of audit by   the District, and other reasonable regulations designed to protect   the public. In order to procure observance of the conditions of a   franchise granted hereunder, and/or compliance with the rules and   regulations established by ordinance of the District (to be adopted   and promulgated as elsewhere is provided in this Act) hereunder,   such ordinance may provide reasonable and commensurate penalties   fixed by General Law in Texas, and not to exceed the limit for   penalties as fixed elsewhere in this Act. The forfeiture or   suspension of a franchise granted under this Act, where not   otherwise provided in any such franchise, may be only because of   discrimination in rendering service, affording use, or in taking or   demanding a toll, rate or charge. Forfeiture or suspension of a   franchise granted hereunder, unless otherwise provided therein,   shall be upon a decree of a District Court within the County in   which this District may maintain its general office. The District   may likewise by ordinance establish rules necessary or designed to   protect the physical property owned by it, or physical property   owned or operated by another under a franchise hereunder granted,   and/or to effect the safety or efficient use of the same, and in   such ordinance may provide reasonable and commensurate penalties   for the violation thereof, which penalties shall be cumulative of   other penalties provided by the General Law of Texas, and not to   exceed the limit for penalties as fixed elsewhere in this Act;          (b)  Flood Control and Flood Plain Management. To prevent   and aid in the prevention of damage to persons and property by the   overflow of any and all rivers, streams or tributaries thereof   within the District including the study and designation of flood   plains and the regulation thereof;          (c)  Water Conservation, Storage, Procurement, Distribution   and Supply:          (1)  To store and conserve to the greatest beneficial use   that of standby service as well as for the actual delivery of water;          (6)  To provide water for the development of commercial and   industrial enterprises within or without the District;          (7)  To bring water into the boundaries of the District;          (8)  To construct, acquire, equip, to acquire storage rights   at, and operate and maintain dams and reservoirs, either within or   without the District, had in carrying out the powers conferred upon   the District, or to exercise such powers in conjunction with   others;          (9)  To contract, operate and maintain or otherwise provide   water supply lines, water purification and water pumping systems   and facilities either within or without the District;          (10)  Power to execute contracts with municipalities and   others involving the construction of reservoirs, dams, water supply   lines, water purification and pumping facilities, and the   furnishing of water supply service substantially in the manner   prescribed by Chapter 342, Acts of the Regular Session of the   Fifty-first Legislature, for Districts organized and created   pursuant to Article 16, Section 59, of the Constitution, extended   so as to permit such contracts with individuals, partnerships, and   all classes of corporations, and to permit the inclusion of   provisions for the operation, maintenance and ownership of such   properties, but the powers granted the District in this Subsection   are not to be considered a limitation on the powers, rights,   privileges and functions otherwise granted herein;          (11)  To acquire from the United States Government, through   the Secretary of the Army or the Secretary of the Interior or any   other of its officials authorized to make such contracts, or from   the State of Texas or any agency thereof, or from any privately   financed reservoirs, unsold conservation storage capacity at any   dam within or without the District now constructed or to be   constructed either by or with the assistance of the United States   Government or the State of Texas, or by both. It may acquire   additional conservation storage capacity which may be provided at   any such dam;          (d)  Irrigation: To provide water for irrigation of lands   within and without the District, and incident thereto, to   construct, operate and maintain supply lines and pumping systems   and facilities either within or without the District;          (e)  Soil Conservation: For the conservation of soils and   other surface resources within the District against destructive   erosion, thereby preventing the increased flood menace incident   thereto, and for the prevention of sedimentation and siltation of   lands, channels and reservoirs, including the right either to act   as local sponsoring agent of upstream soil and water conservation   and flood prevention projects authorized by State or Federal   Agencies in conjunction with Soil Conservation Districts or to aid   and supplement the work of such upstream soil and water   conservation and flood prevention projects, all in furtherance of   the purposes of the District as provided by this Act ['Master Plan'   as defined in Section 4-a]. In connection therewith, the District   is authorized to make arrangements satisfactory to the Secretary of   Agriculture of the United States for defraying costs of operating   and maintaining such projects, in accordance with regulations   presented by the Secretary of Agriculture; provided, however, that   any portion of the total construction cost of any such project which   is allocable to flood control and/or soil conservation shall be   paid for or financed by funds which have their source in the county   in which each particular project is situated and which funds may be   of any kind or character, except taxes collected in accordance with   the provisions of Sections 15-a and 15-b of this Act;          (f)  Sewage Treatment and Solid Waste Disposal. As a   necessary aid to the conservation, control, preservation,   purification and distribution of surface and ground waters within   the District, the District shall have the power to construct, own,   operate, maintain or otherwise provide, within the San Antonio   River Basin, sewage gathering, treatment and/or disposal services,   including solid waste disposal services, to charge for such   services, and to make contracts in reference thereto with counties,   municipalities and others. Provided, however, that the District   shall not exercise the powers hereinabove granted by this Section   3(f) within the boundaries of Kerr, Real, or Bandera Counties   unless the Commissioners Court of such county or counties shall   first have consented by a majority vote thereof to the exercise of   such power within such county or counties;          (g)  Pollution Prevention. To provide for the study,   correcting and control of both artificial and natural pollution   including organic, inorganic and thermal, of all ground or surface   water within the San Antonio River Basin. In this connection, the   District is given the power by ordinance to promulgate rules and   regulations with regard to such pollution, both artificial and   natural, with the right of policing by said District to enforce such   rules and regulations and of providing reasonable and commensurate   penalties for the violation of any rules and regulations, which   penalties shall be cumulative of any penalties fixed by General Law   in Texas, and not to exceed the limit for penalties as fixed   elsewhere in this Act. Provided, however, that no ordinance   enacted pursuant to the powers hereinabove given the District by   this Section 3(g) shall be promulgated in any county or counties   outside the existing boundaries of the District;          (h)  Parks, Recreational Facilities and Preservation of   Fish: For the encouragement and development of parks, recreational   facilities and the preservation of fish, the District shall have   the power to acquire additional land adjoining any permanent work   of improvement constructed within the District for the purpose of   developing parks, or recreational facilities. The District may   negotiate contracts with any county, municipality, municipal   corporation, person, firm, corporation, non-profit organization,   or State or Federal agency for the operation and/or maintenance of   any such park, or recreational facility. The preservation of fish   shall be in accordance with rules and regulations, if any,   prescribed by the Game and Fish Commission of the State of Texas;          (i)  Forestation and Reforestation: To forest and reforest   and to aid in foresting and reforesting of all areas within the   District;          (j)  Contractual: To make contracts and to execute   instruments necessary or convenient to the exercise of the powers,   rights, privileges and functions conferred upon it by this Act,   with the United States, its agencies, counties, cities, all   municipal corporations, political subdivisions and districts, and   with private persons, partnerships, associations, nonprofit   organizations, and corporations. The District shall make and   execute such contracts and instruments in accordance with the   following procedures:          (1)  Concerning any wholesale contract for the sale,   purchase, procurement, distribution and/or supply of water or   conservation storage capacity, or for the construction of a   navigable canal or waterway, or any contract authorized by Section   1, Chapter 84, page 140, Acts of the 52nd Legislature, 1951, as   subsequently amended (codified under Article 7048b, Vernon's Civil   Statutes of Texas), the Manager shall cause a notice describing the   general nature of such contract to be published once each week for   three (3) consecutive weeks in a newspaper of general circulation   in each county in the District within which such contract is to have   effect. Such contract may be considered and acted upon at the   regular meeting of the Board next following the last date of   publication or, without further notice, at any meeting thereafter.   The affirmative vote of at least seven (7) members of the Board   shall be required for the approval of confirmation or ratification   of any such contract. Of those seven (7) affirmative votes, at   least three (3) affirmative votes shall be cast by Board members   from Bexar County, at least one (1) affirmative vote shall be cast   by a Board member from Wilson County, at least one (1) affirmative   vote shall be cast by a Board member from Karnes County, and at   least one (1) affirmative vote shall be cast by a Board member from   Goliad County. The District may use any such contract as the sole   basis, or as a supplement to the basis, for securing its bonds;          (2)  Concerning any construction, maintenance, operation or   repair contract, contract for the purchase of material, equipment   or supplies or any contract for services other than professional   services, if the contract will require an estimated expenditure of   more than the maximum amount for which competitive bidding is   required by statute for any political subdivision of the state or if   the contract is for a term of two (2) years or more, the Board, upon   the affirmative vote of a majority of a quorum present at any   regular or special meeting, shall award such contract to the lowest   and best bidder after publication of a notice to bidders once each   week for three (3) consecutive weeks. The Board by bylaw shall   promulgate the procedures for the publication of notice to bidders   and related procedures and may, within the limitations set forth in   this section, from time to time prescribe the amount of estimated   expenditures to be subjected to competitive bidding. In the event   of an emergency, the authority may let such contracts as are   necessary to protect and preserve the public health and welfare or   the properties of the authority, without such bidding procedures.   Members of the Board of Directors shall be ineligible to submit such   bids. Any provision of this Subsection to the contrary   notwithstanding, the District may purchase surplus property from   the United States by negotiated contract and without the necessity   of advertising for bids.          (k)  General:          (1)  This District hereby is vested with such title and right   of control as the State has, or may have, in, to and concerning the   natural bed and banks of the San Antonio River in its entire length,   and all of its tributaries as are within the District, as said   District is defined in Section 2-a of this Act, and the District   hereby is further vested with such title and right of control as the   State has, or may have, in, to and concerning the natural bed and   banks of any other navigable stream or tributary thereof as may be   situated within the District, as said District is defined in   Section 2-a of this Act; which investment, however, shall be in   trust, and to authorize said District to make such uses, and/or   disposition of such lands and rights (and the proceeds, income,   revenues, or trading values thereof) as in actual experience may   prove to be reasonably required for, or in aid of, the   accomplishment of the purposes of this Act;          (2)  To make preliminary investigations and surveys in the   manner and for the purposes specified in said Chapter 25 (either   independently at its own cost, or jointly with others, or to   contribute to the cost thereof when done by another), whereby to   procure cooperation by the Government of the United States of   America, to the end that any project lawfully within the purposes of   this Act may be approved for construction as a Federal project under   such contractual terms and conditions as may be demanded by the   Federal Congress;          (3)  To expend all sums reasonably deemed to be necessary or   expedient for seeking cooperation in accomplishing the objects of   this Act from the Federal Government, and/or any and all other   persons, creatures, or entities, whether natural, or creatures of   law or contract;          (4)  Subject to the provisions of this Act from time to time   to sell or otherwise dispose of any property of any kind, real,   personal, or mixed, or any interest therein, which shall not be   necessary to the carrying on of the business of the District;          (5)  To overflow and inundate any public lands and public   property and to require the relocation of roads and highways in   manner and to the extent permitted to districts organized under   General Laws pursuant to Section 59 of Article 16 of the   Constitution of the State of Texas. In the event that the District,   in the exercise of the power of eminent domain or power of   relocation, or any other power granted hereunder, makes necessary   the relocation, raising, rerouting or changing the grade of, or   altering the construction of any railroad, or street railway, all   such necessary relocation, raising, rerouting, changing of grade or   alteration of construction shall be accomplished at the sole   expense of the District;          (6)  To construct, extend, improve, maintain and   reconstruct, to cause to be constructed, extended, improved,   maintained, and reconstructed, and to use and operate, any and all   facilities of any kind necessary or convenient to the exercise of   such powers, rights, privileges, and functions;          (7)  To sue and to be sued in its corporate name;          (8)  To adopt, use, and alter a corporate seal;          (9)  To adopt and to amend its bylaws for the management of   its affairs;          (10)  To appoint officers, agents, employees and   professional consultants, none of whom shall have any interest,   direct or indirect, in any contracts awarded by the District;          (11)  To prescribe the duties and fix the compensation of all   officers, agents, employees and professional consultants;          (12)  To acquire by purchase, lease, gift, or in any other   lawful manner and to maintain, use, and operate any and all property   of any kind, real, personal or mixed, or any interest therein,   within and without the boundaries of the District, necessary or   convenient to the exercise of the powers, rights, privileges and   functions conferred upon it by this Act, in the manner provided by   general law with respect to condemnation or, at the option of the   District, in the manner provided by the statutes relative to   condemnation by Districts organized under general law pursuant to   Section 59 of Article 16 of the Constitution of the State of Texas;          (13)  To condemn lands used or dedicated for cemetery   purposes in the manner provided by the General Law of Texas where   reasonably necessary to effectuate the powers, rights, privileges   and functions of the District, provided, however, that, when such   power of condemnation is sought to be exercised with respect to any   Perpetual Care cemetery, as defined in Article 912a, Vernon's Civil   Statutes of the State of Texas, as to the condemnation of any such   Perpetual Care cemetery or portion thereof, jurisdiction is hereby   conferred for such purpose on the District Court or Courts of the   county in which such cemetery land or any part thereof may be   located, and such condemnation action shall likewise involve the   issue of the removal of the dedication thereof as such Perpetual   Care cemetery and the issue of the necessity for such taking;          (14)  To borrow money for its corporate purposes and to   execute proper notes or other evidences of indebtedness, and   without limitation of the generality of the foregoing, to borrow   money and accept grants from the United States of America, and in   connection with any such loan or grant, to enter into such   agreements as the United States of America or such corporation or   agency may require; and to make and issue its negotiable bonds for   moneys borrowed in the manner and to the extent provided in Section   16. Nothing in this Act shall authorize the issuance of any bonds,   notes, or other evidences of indebtedness of the District, except   as specifically provided in this Act, and no issuance of bonds,   notes, or other evidences of indebtedness, except as specifically   provided in this Act, shall ever be authorized except by an Act of   the Legislature;          (15)  To obtain loans from and accept grants from the United   States and its agencies, and from the State of Texas, and its   agencies, and it shall have the right to participate in and be the   beneficiary of any plan which may be evolved by the State or Federal   Government for guaranteeing or otherwise subsidizing the   obligations of the District;          (16)  The District shall have the power to adopt and   promulgate by ordinance all reasonable rules and regulations for   purposes elsewhere provided in this Act and generally to secure and   protect any and all of its property and any and all of its works of   improvement, and to regulate residence, hunting, fishing, boating   and camping, and all recreational and business privileges on any   navigable river of the District, or any reservoir of the District,   or upon any land owned by the District. The District may prescribe   reasonable and commensurate penalties for the violation of any and   all such rules and regulations of the District, which penalties   shall be cumulative of any penalties fixed by the General Law in   Texas and shall not exceed fines of more than Two Hundred Dollars   ($200), or imprisonment for not more than one hundred eighty (180)   days, or may provide for both such fine and imprisonment. No rule   or regulation which provides a penalty for the violation thereof   shall be in effect, as to enforcement of the penalty, until five (5)   days next after the District may have caused a substantive   statement of the particular rule or regulation and the penalty for   the violation thereof to be published once a week for three (3)   consecutive weeks in a newspaper of general circulation in each   county in which it is to be effective. The substantive statement so   to be published shall be as condensed as is possible to afford an   intelligent direction of the mind to the act forbidden by the rule   or regulation; one (1) notice may embrace any number of   regulations; there must be embraced in the notice advice that   breach of the particular regulation, or regulations, will subject   the violator to the infliction of a penalty and there also shall be   included in the notice advice that the full text of the regulations   sought to be enforced is on file in the principal office of the   District, where the same may be read by any interested person. Five   (5) days after the third publication of the notice hereby required,   the advertised regulation shall be in effect, and ignorance of any   such regulation shall not constitute a defense to a prosecution for   the enforcement of a penalty and, the rules and regulations   authorized hereby, after the required publication, shall   judicially be known to the courts and shall be considered of a   nature like unto that of valid penal ordinance of a city of the   State. The District shall be primarily liable for any court costs   incurred hereunder, and the cost to maintain any offender committed   for imprisonment hereunder. Any fine imposed in any such   proceeding and paid in money shall be payable to this District and   applied as its Board may direct;          (17)  To designate an official newspaper of the District in   each county in the District, each of which newspapers shall be a   newspaper having general circulation in the county in which it is   situated;          (18)  To acquire such rights-of-way as are necessary to   construct, operate and maintain such roads as are necessary for   ingress and egress to any work of improvement or to any park,   recreational facility, or fish or wildlife preserve or reserve;          (19)  To grant concessions and franchises upon the premises   of any works of improvement or any park, recreational facility or   fish or wildlife preserve or reserve to any person or corporation;          (20)  When germane to the accomplishment and the purposes of   this Act, and not otherwise adequately provided by Chapter 25, or   provided elsewhere in this Act, the Directors of the District shall   have the power to adopt and promulgate ordinances, which may be done   by a majority (except as specifically provided elsewhere in this   Act) of those Directors present at any meeting held in compliance   with the provisions of the bylaws at which there must be present a   majority of the Board, constituting a quorum. No notice shall be   required before the passage of such ordinance, except such notices   of special or regular meetings of the Board as may be provided   elsewhere in this Act. After having adopted such ordinances, the   Directors shall cause the same to be filed and recorded in the   official records of the Authority. The Directors may, if they deem   necessary and proper, in addition to filing and recording same in   the official records of the Authority, either caused certified   copies of same to be forthwith filed of record in the office of the   County Clerk of each county situated in whole or in part within the   District within which such ordinance is intended to have   application and/or to be published once or more each week for three   (3) or more consecutive weeks in a newspaper or newspapers of   general circulation in each county within the District within which   ordinance is intended to have application, following either or all   of which methods of recording and/or publication the ordinance   shall be in full force and effect; and thereafter all courts and   persons shall be held to have knowledge thereof, just as though the   same had been embraced in the body of this Act and the County Clerk   in any county is authorized and directed to file and record all   certified copies of such county and to charge therefor the same fees   as is provided for recording deeds of conveyance. And the powers of   said District to adopt ordinances shall include, among other things   as follows: in any case in which said Chapter 25 does not provide a   specific power or right germane to, or appropriate, or adequate to   accomplish an object of this Act, and such specific power has been,   or hereafter may, conferred by law on Counties, Cities, Water   Improvement Districts, Water Control and Improvement Districts,   Drainage Districts, Navigation Districts, Canal Corporations,   Channel and Dock Corporations, Deep Water Corporations, Railway   Corporations, Terminal Railway Corporations, Telegraph and   Telephone Corporations, or other like creatures of the law, then to   the intent required to make adequate hereto the powers and rights of   this District, it may by ordinance adopt and have as part of the law   of its being so much of the power and right of any of the herein   designated creatures of the law as will enable it effectively to   accomplish that purpose of this Act. The adoption of a power or   mode of procedure hereunder shall not be held to include any   incidental limitation which would impede the lawful accomplishment   of the purposes of this Act. As to this, there shall be no limit   hereof save such as would violate the provisions of the   Constitution of the United States and the State of Texas concerning   the rights of others;          (21)  This District shall have all such powers and rights,   and regulations for government and procedure, as are contained in   said Chapter 25, which shall be cumulative of those provided by this   Act, and those rules for procedure which may be provided by   ordinances adopted by the District under other provisions of this   Act.          SECTION 3.  Chapter 276, Acts of the 45th Legislature,   Regular Session, 1937, is amended by adding Section 5 to read as   follows:          Sec. 5.  PARTNERSHIP WITH NONPROFIT ORGANIZATION. (a)  In   this section, "affiliated nonprofit organization" means a   nonprofit organization:                (1)  created by the District; or                (2)  for which the District, the Board, or the   District's employees have a right to appoint one or more of the   members of the governing body of the nonprofit organization.          (b)  The District may contract or otherwise coordinate with a   nonprofit organization, including an affiliated nonprofit   organization, to accomplish the purposes of the District.          (c)  Members of the Board or employees of the District may   not constitute a majority of the board of directors or other   governing body of an affiliated nonprofit organization.          (d)  The Board shall develop a policy regarding fund-raising   activities of any nonprofit organizations that enter into a   partnership with the District. The policy must:                (1)  include acceptable and prohibited fund-raising   activities;                (2)  specify how fund-raising is conducted and   supervised; and                (3)  include criteria for seeking and selecting   corporate sponsors to ensure that sponsorships serve the public   interest and are consistent with the purposes of the District.          (e)  A memorandum of understanding between the District and   an affiliated nonprofit organization entered into under this   section must include the policy developed by the Board under   Subsection (d) of this section.          SECTION 4.  Section 9, Chapter 276, Acts of the 45th   Legislature, Regular Session, 1937, is amended to read as follows:          Sec. 9. GOVERNING BODY OF THE DISTRICT; QUALIFICATIONS OF   MEMBERS OF THE BOARD; VACANCIES; TERM OF OFFICE.  The government and   control of the District shall be vested in a Board of Directors   consisting of 12 [twelve (12)] members, 6 [six (6)] of whom shall be   elected from Bexar County, 2 [two (2)] of whom shall be elected from   Wilson County, 2 [two (2)] of whom shall be elected from Karnes   County, and 2 [two (2)] of whom shall be elected from Goliad County.   Each director shall serve for a term of four [six (6)] years, and   shall hold office until the director's [his] successor has been   elected and has qualified by taking the oath of office. Before   entering upon the duties of the member's [his] office, each member   of the Board shall take the Constitutional Oath of Office and the   same shall be filed in written form with the Secretary of the Board.   Vacancies occurring on the Board from any county shall be filled by   appointment by the Governor of the State, with the advice and   consent of the Senate, for such unexpired term. Any person over the   age of 21 [twenty-one (21)] years, residing within the District and   within the county from which the person [he] is elected or   appointed, and possessing the qualifications of a juror shall be   eligible to be elected or appointed and to serve as a director.          SECTION 5.  Chapter 276, Acts of the 45th Legislature,   Regular Session, 1937, is amended by adding Sections 13-a, 13-b,   13-c, and 13-d to read as follows:          Sec. 13-a.  TRAINING FOR BOARD MEMBERS. (a) A person who is   elected or appointed to and qualifies for office as a member of the   Board may not vote, deliberate, or be counted as a member in   attendance at a meeting of the Board until the person completes a   training program that complies with this section.          (b)  The training program must provide the person with   information regarding:                (1)  the law governing the District's operations;                (2)  the programs, functions, rules, and budget of the   District;                (3)  the scope of and limitations on the rulemaking   authority of the Board;                (4)  the results of the most recent formal audit of the   District;                (5)  the requirements of:                      (A)  laws relating to open meetings, public   information, administrative procedure, and disclosing conflicts of   interest; and                      (B)  other laws applicable to members of the   governing body of a river authority in performing their duties; and                (6)  any applicable ethics policies adopted by the   District or the Texas Ethics Commission.          (c)  A person elected or appointed to the Board is entitled   to reimbursement for the travel expenses incurred in attending the   training program regardless of whether the attendance at the   program occurs before or after the person qualifies for office.          (d)  The Manager of the District shall create a training   manual that includes the information required by Subsection (b) of   this section. The Manager of the District shall distribute a copy   of the training manual annually to each member of the Board. Each   member of the Board shall sign and submit to the Manager of the   District a statement acknowledging that the member received and   reviewed the training manual.          Sec. 13-b.  POLICIES TO SEPARATE POLICY-MAKING AND STAFF   FUNCTIONS. The Board shall develop and implement policies that   clearly separate the policy-making responsibilities of the Board   and the management responsibilities of the Manager and the staff of   the District.          Sec. 13-c.  PUBLIC TESTIMONY AT BOARD MEETINGS. The Board   shall develop and implement policies that provide the public with a   reasonable opportunity to appear before the Board and to speak on   any issue under the jurisdiction of the District.          Sec. 13-d.  COMPLAINT INFORMATION REQUIREMENTS. (a) The   District shall maintain a system to promptly and efficiently act on   complaints filed with the District. The District shall maintain   information about parties to the complaint, the subject matter of   the complaint, a summary of the results of the review or   investigation of the complaint, and its disposition.          (b)  The District shall make information available   describing its procedures for complaint investigation and   resolution.          (c)  The District shall periodically notify the complaint   parties of the status of the complaint until final disposition   unless the notice would jeopardize an investigation.          SECTION 6.  Chapter 276, Acts of the 45th Legislature,   Regular Session, 1937, is amended by adding Section 14-b to read as   follows:          Sec. 14-b.  FISCAL YEAR. The District's fiscal year ends on   September 30 of each year.          SECTION 7.  Section 15-a, Chapter 276, Acts of the 45th   Legislature, Regular Session, 1937, is amended to read as follows:          Sec. 15-a.  TAXATION. Subject to the limitation as to the   maximum rate of tax as prescribed in this Section, the District may   levy and collect throughout the territory of the District such ad   valorem taxes as are voted at an election or elections called by the   Board for that purpose and conducted throughout the territory of   the District. The maximum rate of tax which can be levied and   collected for any year shall be two cents (2¢) on the One Hundred   Dollars ($100) of taxable property based on its assessed valuation,   in accordance with the following conditions and procedures:          (a)  The Board of Directors of the District may, by   ordinance, call an election to submit to the voters for approval   such taxation; provided that a public hearing to discuss the   proposed tax issue shall be held in each county in the District,   said public hearing to be held not less than ten (10) days nor more   than twenty-five (25) days prior to the scheduled date of any such   election, and said hearings shall be called by the Board of   Directors of the District and notice of the time, day, date, place   and purpose of said meeting shall be given by publishing said notice   in at least one (1) newspaper of general circulation in each county   where the meeting is to be held at least ten (10) days prior to such   hearing;          (b)  Only qualified electors, owning taxable property within   the boundaries of the District and who have duly rendered their   property for taxation shall be entitled to vote in any such   election. An elector otherwise qualified must vote in the county of   his residence and at the polling place designated for the precinct   of his residence.  The ordinance calling the election shall specify   the polling place or places in each of the several counties. The   notice of election will be sufficient as to any county within the   District if it states that the election is to be held throughout the   territory comprising the District and if it specifies the polling   place or places in such county. But it shall not be necessary to   publish such details except in the county in which they are   applicable;          (c)  Returns of the election shall be made to the Board, and   the Board shall canvass the returns of the election and adopt an   ordinance declaring the results thereof. The Board may levy taxes   within the maximum rate thus voted if a majority of the votes cast   throughout the District are in favor of the levy of the tax and if a   majority of the votes cast in any three (3) counties in the District   are in favor of the levy of the tax;          (d)  The rate of tax shall be uniform throughout the   territory comprising the District, and shall be certified by the   Chairman and the Secretary of the Board of Directors of the District   to the Tax Assessor and the Tax Collector of each included county;          (e)  After an election has resulted favorably to the levy of   a tax, the Board of Directors may borrow money payable therefrom and   may evidence such loan by a negotiable note given in the name of the   District;          (f)  Any taxes thus collected shall be used for the purpose   of general administration[, preparation of the Master Plan provided   for in Section 4-a,] and for [other] planning and other services   with respect to any of the purposes, rights, privileges and   functions of the District; provided, however, that none of the   taxes thus collected shall be used to pay for or finance the   construction of any dams, reservoirs, levees, channels, pipelines   or other major physical works of the District, or pay for the cost   of any right-of-way acquisitions, or the expenses of right-of-way   acquisition, or damages awarded by any Court under Article 1,   Section 17, of the Constitution of the State of Texas. It is the   intent of this Act that any taxes thus collected will enable the   District to accomplish its purposes, including [develop a Master   Plan for] the maximum development of the soil and water resources of   the District, it [is] being hereby found and determined that the   benefits to be realized from such maximum development can be   obtained only through area-wide participation and planning. It is   the intent of this Act that the construction of any dams,   reservoirs, levees, channels, pipelines or other major physical   works of the District shall be paid for or financed by revenue bonds   of the District to be redeemed either by the sale of services or by   taxes to be levied by a county or municipality and paid over to the   District as an independent contractor of said county or   municipality. It is likewise the intent of this Act that any taxes   thus collected may be used to pay for the operation, repair and/or   maintenance of any flood control, soil conservation, watershed   protection and/or erosion structures or works of improvement   constructed in cooperation with the Federal Government; provided,   however, that any such operation, repair and/or maintenance costs   shall be paid for out of taxes thus collected in the county in which   the particular structure or work of improvement is situated. It is   further the intent of this Act that the taxes authorized by this   Section 15-a thus collected shall not be pledged to the redemption   of any bonds of the District.          SECTION 8.  Sections 4-a and 14-a, Chapter 276, Acts of the   45th Legislature, Regular Session, 1937, are repealed.          SECTION 9.  (a) The change in law made by this Act to the   terms of the directors of the San Antonio River Authority applies   only to the term of a director who is appointed or elected on or   after the effective date of this Act.          (b)  The directors elected at the election held on the   uniform election date in November 2023 shall draw lots to determine   which director serves a term of four years and which director serves   a term of two years.          (c)  Notwithstanding Section 13-a, Chapter 276, Acts of the   45th Legislature, Regular Session, 1937, as added by this Act, a   person serving on the board of directors of the district may vote,   deliberate, and be counted as a director in attendance at a meeting   of the board until December 1, 2023.          SECTION 10.  (a) The 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 to be furnished   under Section 59, Article XVI, Texas Constitution, and Chapter 313,   Government Code.          (b)  The governor, one of the required recipients, has   submitted the notice and Act to the Texas Commission on   Environmental Quality.          (c)  The Texas Commission on Environmental Quality has filed   its recommendations relating to this Act with the governor, the   lieutenant governor, and the speaker of the house of   representatives within the required time.          (d)  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 11.  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, 2023.