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          AN ACT
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        relating to the composition of the board of directors and the powers  | 
      
      
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        of the Gulf Coast Water Authority. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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               SECTION 1.  Chapter 712, Acts of the 59th Legislature,  | 
      
      
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        Regular Session, 1965, is amended by adding Section 3A to read as  | 
      
      
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        follows: | 
      
      
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               Sec. 3A.  In connection with the acquisition of water, or the  | 
      
      
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        treatment, storage, or transportation of water, the district may  | 
      
      
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        enter into retail service agreements within the Electric  | 
      
      
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        Reliability Council of Texas for the purchase of electricity for  | 
      
      
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        the district's own use and may sell electricity in a sale or resale  | 
      
      
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        only by way of a registered power marketer or power generation  | 
      
      
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        company in accordance with applicable public utility commission  | 
      
      
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        rules and requirements of the Electric Reliability Council of  | 
      
      
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        Texas. An agreement entered into under this section may provide for  | 
      
      
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        a term of years and include provisions that the Board of Directors  | 
      
      
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        determines are in the best interest of the district, including  | 
      
      
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        provisions for the posting of collateral or payment of an early  | 
      
      
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        termination amount in the event of early termination. | 
      
      
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               SECTION 2.  Sections 5 and 5(a), Chapter 712, Acts of the  | 
      
      
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        59th Legislature, Regular Session, 1965, are amended to read as  | 
      
      
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        follows: | 
      
      
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               Sec. 5.  The management and control of the District is hereby  | 
      
      
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        vested in a Board of 10 [nine] directors. [The seven directors 
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          appointed by the Commissioners Court of Galveston County shall 
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          represent the geographic and ethnic diversity of the county.]   | 
      
      
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        Vacancies on the Board of Directors, whether by death, resignation  | 
      
      
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        or termination of the term of office, shall be filled by appointment  | 
      
      
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        by the commissioners court that appointed the director.  All terms  | 
      
      
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        of office shall be for a period of two (2) years.  Terms shall be  | 
      
      
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        staggered. [Three (3) of the members appointed by the Commissioners 
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          Court of Galveston County shall be registered professional 
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          engineers under the laws of Texas.] | 
      
      
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               Sec. 5(a).  The directors of the district shall be appointed  | 
      
      
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        as follows: | 
      
      
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                     (1)  five directors appointed by the Galveston County  | 
      
      
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        Commissioners Court, one of whom represents municipal interests,  | 
      
      
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        two of whom represent industrial interests, and two of whom  | 
      
      
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        represent the county at large; | 
      
      
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                     (2)  two directors appointed by the Fort Bend County  | 
      
      
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        Commissioners Court, one of whom represents municipal interests,  | 
      
      
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        and one of whom represents the county at large; and | 
      
      
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                     (3)  three directors appointed by the Brazoria County  | 
      
      
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        Commissioners Court, one of whom represents agricultural  | 
      
      
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        interests, one of whom represents municipal interests, and one of  | 
      
      
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        whom represents industrial interests. [One (1) director of the 
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          District shall be appointed by the Commissioners Court of Galveston 
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          County upon the recommendation of the City Council of the City of 
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          Galveston. 
           
          Six of the remaining directors shall be appointed by the 
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          Commissioners Court of Galveston County with two directors 
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          appointed at-large and the remaining four of those directors 
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          appointed on the written recommendation of advisory committees 
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          appointed by the Board of Directors of the Gulf Coast Water 
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          Authority. 
           
          Two of those directors shall be recommended by the 
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          Mainland Municipal Advisory Committee and two of those directors 
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          shall be recommended by the Industrial Advisory Committee. The 
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          Commissioners Court of Galveston County is entitled to accept or 
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          reject the recommendations made to the court by the advisory 
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          committees. 
           
          If a recommendation made by an advisory committee is 
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          rejected, the advisory committee shall submit additional 
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          recommendations to the court.
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               [The Industrial Advisory Committee is composed of one 
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          representative of each industrial customer of the Gulf Coast Water 
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          Authority. 
           
          The Mainland Municipal Advisory Committee is composed 
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          of one representative of each municipal or water district customer 
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          of the Gulf Coast Water Authority that contracts for not less than 2 
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          million gallons of water a day. 
           
          The names of the representatives of 
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          each of the committees shall be submitted to the Board of Directors 
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          of the Gulf Coast Water Authority by the respective industrial and 
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          municipal or water district customers. 
           
          The directors of the Gulf 
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          Coast Water Authority shall submit the names of the advisory 
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          committee members to the Commissioners Court of Galveston County, 
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          which shall record the names in the minutes of the court.
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               [One director shall be appointed by the Commissioners Court 
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          of Fort Bend County to represent District customers in that county. 
           
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          The director must be recommended by one or more of those customers 
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          and reside in that county.
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               [One director shall be appointed by the Commissioners Court 
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          of Brazoria County to represent District customers in that county. 
           
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          The director must be recommended by one or more of those customers 
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          and reside in that county.] | 
      
      
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               SECTION 3.  Chapter 712, Acts of the 59th Legislature,  | 
      
      
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        Regular Session, 1965, is amended by adding Section 5(b) to read as  | 
      
      
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        follows: | 
      
      
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               Sec. 5(b).  A director appointed under Section 5(a) to  | 
      
      
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        represent municipal or industrial interests must be a customer of  | 
      
      
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        or represent an entity that is a customer of the district. | 
      
      
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               SECTION 4.  (a)  The terms of the members of the board of  | 
      
      
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        directors of the Gulf Coast Water Authority serving on the  | 
      
      
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        effective date of this Act expire September 1, 2015. | 
      
      
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               (b)  Not later than September 1, 2015, the entities described  | 
      
      
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        by Section 5(a), Chapter 712, Acts of the 59th Legislature, Regular  | 
      
      
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        Session, 1965, as amended by this Act, shall make the appointments  | 
      
      
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        required by that section. | 
      
      
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               (c)  The members of the board appointed under Subsection (b)  | 
      
      
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        of this section shall draw lots to determine which four board  | 
      
      
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        members shall serve a one-year term and which five members shall  | 
      
      
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        serve a two-year term. | 
      
      
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               SECTION 5.  (a)  The legal notice of the intention to  | 
      
      
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        introduce this Act, setting forth the general substance of this  | 
      
      
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        Act, has been published as provided by law, and the notice and a  | 
      
      
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        copy of this Act have been furnished to all persons, agencies,  | 
      
      
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        officials, or entities to which they are required to be furnished  | 
      
      
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        under Section 59, Article XVI, Texas Constitution, and Chapter 313,  | 
      
      
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        Government Code. | 
      
      
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               (b)  The governor, one of the required recipients, has  | 
      
      
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        submitted the notice and Act to the Texas Commission on  | 
      
      
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        Environmental Quality. | 
      
      
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               (c)  The Texas Commission on Environmental Quality has filed  | 
      
      
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        its recommendations relating to this Act with the governor, the  | 
      
      
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        lieutenant governor, and the speaker of the house of  | 
      
      
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        representatives within the required time. | 
      
      
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               (d)  All requirements of the constitution and laws of this  | 
      
      
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        state and the rules and procedures of the legislature with respect  | 
      
      
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        to the notice, introduction, and passage of this Act are fulfilled  | 
      
      
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        and accomplished. | 
      
      
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               SECTION 6.  This Act takes effect immediately if it receives  | 
      
      
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        a vote of two-thirds of all the members elected to each house, as  | 
      
      
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        provided by Section 39, Article III, Texas Constitution.  If this  | 
      
      
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        Act does not receive the vote necessary for immediate effect, this  | 
      
      
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        Act takes effect September 1, 2015. | 
      
      
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        ______________________________ | 
        ______________________________ | 
      
      
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           President of the Senate | 
        Speaker of the House      | 
      
      
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               I certify that H.B. No. 4168 was passed by the House on May 5,  | 
      
      
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        2015, by the following vote:  Yeas 80, Nays 8, 49 present, not  | 
      
      
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        voting; and that the House concurred in Senate amendments to H.B.  | 
      
      
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        No. 4168 on May 29, 2015, by the following vote:  Yeas 112, Nays 30,  | 
      
      
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        4 present, not voting. | 
      
      
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        ______________________________ | 
      
      
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        Chief Clerk of the House    | 
      
      
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               I certify that H.B. No. 4168 was passed by the Senate, with  | 
      
      
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        amendments, on May 27, 2015, by the following vote:  Yeas 30, Nays  | 
      
      
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        ______________________________ | 
      
      
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        Secretary of the Senate    | 
      
      
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        APPROVED: __________________ | 
      
      
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                        Date        | 
      
      
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                 __________________ | 
      
      
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                      Governor        |