HB 2692

relating to the codification and clarification of local laws
concerning the San Antonio River Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subtitle G, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8513 to read as follows:
CHAPTER 8513.  SAN ANTONIO RIVER AUTHORITY
SUBCHAPTER A.  GENERAL PROVISIONS
Sec. 8513.0102.  NATURE OF AUTHORITY
Sec. 8513.0103.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8513.0104.  REVIEW SCHEDULE UNDER SUNSET ACT
Sec. 8513.0106.  EFFECT OF CHAPTER ON CERTAIN PERSONS OR
Sec. 8513.0107.  LIBERAL CONSTRUCTION OF CHAPTER
Sec. 8513.0108.  CORRECTION OF INVALID PROCEDURES
SUBCHAPTER B.  BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
Sec. 8513.0201.  DIRECTORS; TERMS; QUALIFICATIONS
Sec. 8513.0202.  DIRECTOR ELECTIONS
Sec. 8513.02025.  CERTAIN DIRECTOR TERMS
Sec. 8513.0203.  SUSPENSION AND REMOVAL
Sec. 8513.0207.  BOND REQUIREMENT FOR DIRECTORS AND OFFICERS
Sec. 8513.0208.  FILING OF OATH
Sec. 8513.0209.  COMPENSATION OF DIRECTORS
Sec. 8513.0210.  CERTAIN INTERESTS PROHIBITED
Sec. 8513.0212.  DIRECTOR TRAINING PROGRAM
Sec. 8513.0214.  POLICIES TO SEPARATE POLICY-MAKING AND
Sec. 8513.0215.  AGENTS, EMPLOYEES, AND PROFESSIONAL
Sec. 8513.0217.  AUTHORITY'S DOMICILE AND OFFICE
Sec. 8513.0219.  PUBLIC TESTIMONY AT BOARD MEETINGS
Sec. 8513.0220.  CONTRACT WITH BEXAR COUNTY
SUBCHAPTER C.  GENERAL POWERS AND DUTIES
Sec. 8513.0301.  GENERAL POWERS
Sec. 8513.0302.  TITLE AND RIGHT TO CONTROL; TRUST
Sec. 8513.0303.  POWERS RELATING TO CONSERVATION AND
Sec. 8513.0304.  POWERS REGARDING CANALS, WATERWAYS, AND
Sec. 8513.0305.  FEDERALLY CONSTRUCTED OR MAINTAINED
CANALS, WATERWAYS, AND FACILITIES
Sec. 8513.0306.  POWER TO CONTROL, DEVELOP, STORE, AND USE
Sec. 8513.0307.  POWERS RELATING TO PARKS, RECREATIONAL
FACILITIES, AND PRESERVATION OF FISH AND WILDLIFE
Sec. 8513.0308.  POWERS RELATING TO FLOOD CONTROL AND FLOOD
Sec. 8513.0309.  ACQUISITION OF WATER OR WATER RIGHTS
Sec. 8513.0310.  GENERAL WATER SUPPLY POWERS
Sec. 8513.0311.  CONTRACTS TO SUPPLY WATER AND OPERATE
Sec. 8513.0312.  POWERS RELATING TO SOIL CONSERVATION
Sec. 8513.0313.  WASTE MANAGEMENT
Sec. 8513.0314.  POLLUTION PREVENTION
Sec. 8513.0315.  FORESTATION AND REFORESTATION
Sec. 8513.0316.  GENERAL AUTHORITY TO MAKE CONTRACTS AND
Sec. 8513.0317.  AWARD OF CERTAIN WATER SUPPLY CONTRACTS
Sec. 8513.0318.  AWARD OF CERTAIN CONSTRUCTION AND SERVICE
Sec. 8513.0319.  ACQUISITION, MAINTENANCE, AND OPERATION OF
Sec. 8513.0320.  PRELIMINARY INVESTIGATIONS AND SURVEYS
Sec. 8513.0321.  SALE, LEASE, MORTGAGE, OR OTHER DISPOSITION
Sec. 8513.0322.  OVERFLOW OR INUNDATION OF PUBLIC PROPERTY;
Sec. 8513.0323.  COST OF RELOCATING OR ALTERING PROPERTY
Sec. 8513.0324.  CONSTRUCTION, MAINTENANCE, AND OPERATION
Sec. 8513.0325.  FRANCHISES AND RIGHTS RELATING TO NAVIGABLE
Sec. 8513.0326.  CONCESSIONS AND FRANCHISES RELATING TO
WORKS OF IMPROVEMENT, PARKS, RECREATIONAL FACILITIES, AND FISH OR
WILDLIFE PRESERVES AND RESERVES
Sec. 8513.0327.  OFFICIAL NEWSPAPER
Sec. 8513.0328.  AUTHORITY CONSTABULARY
Sec. 8513.0329.  STATE SUPERVISION AND APPROVAL
Sec. 8513.0330.  COORDINATION WITH NONPROFIT ORGANIZATION
SUBCHAPTER D.  REGULATORY POWERS; ENFORCEMENT AND COURT REVIEW
Sec. 8513.0401.  ADOPTION OF RULES
Sec. 8513.0402.  ENFORCEMENT OF RULES; PENALTY
Sec. 8513.0403.  NOTICE OF RULE PROVIDING PENALTY
Sec. 8513.0404.  JUDICIAL NOTICE OF RULES
Sec. 8513.0405.  RECOVERY OF LITIGATION FEES AND COSTS
Sec. 8513.0406.  APPEAL BOND NOT REQUIRED
SUBCHAPTER E.  GENERAL FINANCIAL PROVISIONS
Sec. 8513.0501.  OBLIGATION PAYABLE
Sec. 8513.0601.  MAINTENANCE AND ADMINISTRATION TAX
Sec. 8513.0602.  ELECTION FOR AD VALOREM TAX
Sec. 8513.0603.  PUBLIC HEARING; NOTICE
Sec. 8513.0604.  MAXIMUM TAX RATE
Sec. 8513.0605.  ASSESSMENT AND COLLECTION OF TAXES
Sec. 8513.0606.  LEGISLATIVE INTENT
SUBCHAPTER G.  BONDS, BORROWED MONEY, AND GRANTS
Sec. 8513.0701.  BORROWED MONEY AND GRANTS
Sec. 8513.0702.  POWER TO ISSUE BONDS
Sec. 8513.0703.  TERMS OF ISSUANCE
Sec. 8513.0704.  DEPOSIT OF PROCEEDS
Sec. 8513.0705.  RESOLUTION PROVISIONS
Sec. 8513.0706.  DEFAULT PROCEDURES
Sec. 8513.0707.  POWER OF AUTHORITY TO PURCHASE BONDS ISSUED
Sec. 8513.0708.  BONDS EXEMPT FROM TAXATION
SUBCHAPTER H.  POLLUTION CONTROL DISTRICT
Sec. 8513.0801.  POWER TO ESTABLISH POLLUTION CONTROL
Sec. 8513.0802.  RESOLUTION PROCEDURES CALLING FOR CREATION
Sec. 8513.0803.  PUBLIC HEARING ON CREATION OF POLLUTION
Sec. 8513.0804.  PUBLIC TESTIMONY ON CREATION OF POLLUTION
Sec. 8513.0805.  MAINTENANCE TAX AND BOND ELECTION FOR
Sec. 8513.0806.  JUDICIAL REVIEW OF RESOLUTION CALLING FOR
CREATION OF POLLUTION CONTROL DISTRICT
Sec. 8513.0807.  FILING REQUIREMENT
Sec. 8513.0808.  POLLUTION CONTROL DISTRICT TERRITORY
Sec. 8513.0809.  ANNEXATION OF TERRITORY TO POLLUTION
Sec. 8513.0810.  POWER TO ISSUE BONDS; TAX FOR POLLUTION
CHAPTER 8513.  SAN ANTONIO RIVER AUTHORITY
SUBCHAPTER A.  GENERAL PROVISIONS
Sec. 8513.0101.  DEFINITIONS.  In this chapter:
(1)  "Authority" means the San Antonio River Authority.
(2)  "Board" means the authority's board of directors.
(3)  "Commission" means the Texas Commission on
(4)  "Director" means a board member.
(5)  "Flood plain" means the area of the channel of a river or
stream and those portions of land abutting and adjacent to the
channel that are reasonably required to carry floodwaters.
(6)  "San Antonio River Basin" means all of the area except
for Bandera, Real, and Kerr Counties that has topographic
characteristics causing surface waters to flow into the San Antonio
(7)  "State" means the State of Texas or any of its agencies,
departments, boards, political subdivisions, or other entities.
Sec. 8513.0102.  NATURE OF AUTHORITY.  (a)  The authority is
a conservation and reclamation district under Section 59, Article
(b)  The authority's creation is essential to accomplish the
purposes of Section 59, Article XVI, Texas Constitution, including:
(1)  construction, maintenance, and operation of
navigable canals and waterways; and
(2)  control of the waters of all rivers, streams, and
tributaries of rivers and streams inside the authority.
Sec. 8513.0103.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
All land included in the authority will benefit by the exercise of
power conferred by this chapter.
Sec. 8513.0104.  REVIEW SCHEDULE UNDER SUNSET ACT.  A review
of the authority under Section 325.025, Government Code, shall be
conducted as if the authority were a state agency scheduled to be
abolished September 1, 2035, and every 12th year after that year.
Sec. 8513.0105.  TERRITORY.  Unless modified under
Subchapter J, Chapter 49, Water Code, or other law, the authority's
territory includes all of that part of this state in the boundaries
of Bexar, Wilson, Karnes, and Goliad Counties.
Sec. 8513.0106.  EFFECT OF CHAPTER ON CERTAIN PERSONS OR
ENTITIES.  (a) If any power granted to the authority by this chapter
overlaps or conflicts with any power of the Guadalupe-Blanco River
Authority, as created by Chapter 410 (H.B. 138), Acts of the 44th
Legislature, 1st Called Session, 1935, the power granted to the
Guadalupe-Blanco River Authority supersedes the power granted to
the authority by this chapter, unless the Guadalupe-Blanco River
Authority consents to the authority's exercise of the power.
(b)  No provision of this chapter divests any person of any
(2)  right derived under an existing permit for the
appropriation and use of public waters issued by the commission; or
(3)  right derived under any certified filing with the
Sec. 8513.0107.  LIBERAL CONSTRUCTION OF CHAPTER.  This
chapter shall be liberally construed to effect its purposes.
Sec. 8513.0108.  CORRECTION OF INVALID PROCEDURES.  If the
board determines that any procedure under this chapter violates the
Texas Constitution or the United States Constitution, the board by
ordinance may provide an alternative procedure that conforms with
SUBCHAPTER B.  BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
Sec. 8513.0201.  DIRECTORS; TERMS; QUALIFICATIONS.  (a)  The
board consists of 12 directors elected as follows:
(1)  two directors elected at large from Goliad County;
(2)  two directors elected at large from Karnes County;
(3)  two directors elected at large from Wilson County;
(4)  two directors elected at large from Bexar County;
(5)  one director elected from each single-member
district representing the four county commissioner precincts in
(b)  Directors serve staggered four-year terms. An elected
director's term begins January 1 following the date of the
(1)  be at least 21 years of age;
(2)  reside within the authority;
(3)  reside in the county from which the director is
(4)  possess the qualifications of a juror.
(d)  A director elected from a single-member district must
reside in the district from which the director is elected.
Sec. 8513.0202.  DIRECTOR ELECTIONS.  (a)  The authority
shall hold an election to elect the appropriate number of directors
on the uniform election date in November of each odd-numbered year.
(b)  The placing of the names of the candidates on the
ballots shall be determined by lot. A candidate or a designated
representative of the candidate may be present at the drawing.
(c)  In the event of a tie for any director position, the
winner shall be determined by a majority of the board.
(e)  Directors serving from single-member districts at the
time new single-member districts are adopted shall serve for the
remainder of the terms to which they were elected regardless of the
Sec. 8513.02025.  CERTAIN DIRECTOR TERMS.  (a)  This section
applies only to the term of a director who is appointed or elected
(b)  The two at-large director positions for Bexar County
shall be scheduled for election on the November uniform election
date in 2023.  The person who receives the highest number of votes
shall be elected to the first at-large Bexar County director
position and shall serve a four-year term beginning January 1,
2024, and ending December 31, 2027.  An election shall be scheduled
for that position on the November uniform election date in 2027 and
every four years thereafter.  The person who receives the second
highest number of votes shall be elected to the second at-large
Bexar County director position and shall serve a two-year term
beginning January 1, 2024, and ending December 31, 2025.  An
election shall be scheduled for that position on the November
uniform election date in 2025 and every four years thereafter for a
four-year term beginning on January 1 of the year following each
(c)  The following director positions shall be scheduled for
election on the November uniform election date in 2025 and every
four years thereafter, and the directors elected to each position
shall serve four-year terms beginning January 1 of the year
(1)  the single-member district director elected from
Bexar County commissioners court precinct 1;
(2)  the single-member district director elected from
Bexar County commissioners court precinct 2;
(3)  the at-large director position for Karnes County
for which an election was held, or scheduled to be held but canceled
because of an unopposed candidate, in November 2019;
(4)  the at-large director position for Goliad County
for which an election was held, or scheduled to be held but canceled
because of an unopposed candidate, in November 2019; and
(5)  the at-large director position for Wilson County
for which an election was held, or scheduled to be held but canceled
because of an unopposed candidate, in November 2019.
(d)  The following director positions shall be scheduled for
election on the November uniform election date in 2027 and every
four years thereafter, and the directors elected to those director
positions shall serve four-year terms beginning January 1 of the
(1)  the single-member district director elected from
Bexar County commissioners court precinct 3;
(2)  the single-member district director elected from
Bexar County commissioners court precinct 4;
(3)  the at-large director position for Karnes County
for which an election was held, or scheduled to be held but canceled
because of an unopposed candidate, in November 2021;
(4)  the at-large director position for Goliad County
for which an election was held, or scheduled to be held but canceled
because of an unopposed candidate, in November 2021; and
(5)  the at-large director position for Wilson County
for which an election was held, or scheduled to be held but canceled
because of an unopposed candidate, in November 2021.
(e)  The members of the board of directors serving in the
director positions described by Subsections (b), (c), and (d) on
May 23, 2023, shall continue to serve until their successors have
(f)  This section expires September 1, 2029.
Sec. 8513.0203.  SUSPENSION AND REMOVAL.  (a)  A director or
officer may be suspended or removed from office for:
(3)  official gross negligence;
(5)  nonattendance at six consecutive regular board
(b)  A director or officer may not be suspended or removed
(1)  charges against the director or officer are filed
(2)  the director or officer is given an opportunity
for a fair hearing before the board.
(c)  An affirmative vote of not fewer than eight of the
directors is required to suspend or remove a director or officer.
Sec. 8513.0204.  VACANCY.  The governor, with the advice and
consent of the senate, shall fill a vacancy on the board for the
Sec. 8513.0205.  BYLAWS.  The board shall adopt bylaws for
the management of the authority's affairs.
Sec. 8513.0206.  ORDINANCES.  (a)  The board may, by a
majority and to the extent necessary to exercise the authority's
powers and rights, adopt an ordinance:
(1)  not adequately provided by Chapters 49 or 51,
(2)  germane and appropriate to the accomplishment and
(3)  consistent with a specific power conferred on a
county, municipality, water improvement district, water control
and improvement district, drainage district, navigation district,
canal corporation, channel and dock corporation, deep water
corporation, railway corporation, terminal railway corporation,
telegraph and telephone corporation, or other similar entity.
(b)  The board is not required to provide notice before
adopting an ordinance, except as otherwise required for a regular
(1)  shall file an adopted ordinance in the authority's
(2)  may, if the board considers it necessary and
(A)  file certified copies of the ordinance in the
office of the county clerk in each county in the authority where the
(B)  publish the ordinance at least once per week
for two weeks in a newspaper of general circulation in each county
(d)  An adopted ordinance takes effect after the filing
requirements of Subsection (c) are met.
(e)  After an ordinance takes effect, the county clerk shall
file and record all certified copies of the ordinance in the county.
The county clerk shall charge the same fee for filing and recording
the ordinance as for recording a deed of conveyance.
(f)  An ordinance granting a power or mode of procedure
adopted under this section does not limit the accomplishment of the
Sec. 8513.0207.  BOND REQUIREMENT FOR DIRECTORS AND
OFFICERS.  (a) Not later than the 15th day after the date of
election or appointment, a director or officer shall file a good and
sufficient bond with the board secretary.
(3)  conditioned on the faithful performance of duties
(4)  subject to approval by the board secretary.
Sec. 8513.0208.  FILING OF OATH.  Before assuming the duties
of office, each director shall file with the board secretary a copy
of the constitutional oath of office taken by the director.
Sec. 8513.0209.  COMPENSATION OF DIRECTORS.  (a)  A director
is entitled to receive reimbursement for reasonable expenses and an
allowance as provided under Section 49.060, Water Code.
(b)  A director is not entitled to receive a per diem
allowance for more than 60 days in a fiscal year.
(c)  In all areas of conflict with this section, Section
49.060, Water Code, takes precedence.
Sec. 8513.0210.  CERTAIN INTERESTS PROHIBITED.  (a)  A
director may not engage in a transaction with the authority for gain
(b)  An officer of the authority may not have any interest,
direct or indirect, in any contract awarded by the authority.
Sec. 8513.0211.  OFFICERS.  (a)  The board shall appoint by
majority vote a chair, a vice-chair, a secretary, a treasurer, and
other officers or assistant officers the board considers necessary.
(b)  The chair, the vice-chair, the secretary, and the
treasurer must each be a director. Assistant officers are not
(c)  An officer shall serve a term of two years.
(d)  A non-director assistant officer:
(1)  holds office at the pleasure of the board; and
(2)  may be granted limited powers in the authority
(e)  The authority may appoint officers, prescribe their
duties, and set their compensation.
Sec. 8513.0212.  DIRECTOR TRAINING PROGRAM.  (a)  A person
who is elected or appointed to and qualifies for office as a
director may not vote, deliberate, or be counted as a director in
attendance at a board meeting until the person completes a training
program that complies with this section.
(b)  The training program must provide the person with
(1)  the law governing authority operations;
(2)  the authority's programs, functions, rules, and
(3)  the scope of and limitations on the rulemaking
(4)  the results of the authority's most recent formal
(A)  laws relating to open meetings, public
information, administrative procedure, and disclosure of conflicts
(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
authority 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 authority shall create a training
manual that includes the information required by Subsection (b).
The manager shall distribute a copy of the training manual annually
to each director. Each director shall sign and submit to the manager
a statement acknowledging that the director has received and
Sec. 8513.0213.  MEETINGS.  (a)  Regular and special board
meetings shall be held as provided by general law and the bylaws.
(b)  Notice of regular and special board meetings shall be
given as required by general law and the bylaws.
(c)  All meetings of the board shall be open to the public.
Sec. 8513.0214.  POLICIES TO SEPARATE POLICY-MAKING AND
STAFF FUNCTIONS.  The board shall develop and implement policies
that clearly separate the board's policy-making responsibilities
and the management responsibilities of the manager and authority
Sec. 8513.0215.  AGENTS, EMPLOYEES, AND PROFESSIONAL
CONSULTANTS.  (a)  The authority may appoint agents, employees, and
professional consultants, prescribe their duties, and set their
(b)  An agent, employee, or professional consultant may not
have any interest, direct or indirect, in any contract awarded by
Sec. 8513.0216.  MANAGER.  (a)  The board may employ a
manager to be the authority's chief executive officer.
(b)  The board shall set the compensation to be paid to the
(c)  The manager shall employ and supervise, subject to
policies promulgated by the Board, all employees, agents,
accountants, attorneys, engineers and others rendering
professional services to the authority.  The manager may execute on
behalf of the authority, without specific board authorization, a
contract for which competitive bidding is not required. The manager
may execute any other contract with specific board authorization.
Sec. 8513.0217.  AUTHORITY'S DOMICILE AND OFFICE. The
general office and place of domicile of the authority shall be in
the City of San Antonio, Bexar County.
Sec. 8513.0218.  COMPLAINTS.  (a)  The authority shall
maintain a system to act promptly and efficiently on complaints
(b)  The authority shall maintain information about:
(1)  the parties to the complaint;
(2)  the subject matter of the complaint;
(3)  a summary of the results of the review or
investigation of the complaint; and
(4)  the complaint's disposition.
(c)  The authority shall periodically notify the parties to
the complaint of the complaint's status until final disposition
unless the notice would jeopardize an investigation.
(d)  The authority shall make information available
describing its procedures for complaint investigation and
Sec. 8513.0219.  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 authority.
Sec. 8513.0220.  CONTRACT WITH BEXAR COUNTY.  (a)  This
section applies only to a contract between the authority and the
Commissioners Court of Bexar County entered into before May 26,
1961, to finance the construction of certain flood control and soil
conservation works of improvement in Bexar County.
(b)  Except as provided by Subsection (c), the authority may
not spend any income or revenue derived from the contract for a
purpose other than a purpose specifically provided for by the
(c)  The board may allocate a reasonable amount of income or
revenue derived from the contract to pay for:
(3)  fees of directors who reside in Bexar County.
SUBCHAPTER C.  GENERAL POWERS AND DUTIES
Sec. 8513.0301.  GENERAL POWERS.  (a) The authority shall:
(1)  administer this chapter; and
(2)  use the authority's facilities and powers to
accomplish the purposes of this chapter.
(1)  exercise the powers, rights, privileges, and
(2)  exercise all powers, rights, privileges, and
functions necessary or convenient for accomplishing the purposes of
(3)  perform any other act necessary or convenient to
the exercise of the powers, rights, privileges, and functions
conferred by this chapter or other law.
(c)  The authority has the powers and rights and is subject
to the regulations for government and procedure contained in
Chapters 49 and 51, Water Code.
(d)  The authority may spend any amount reasonably necessary
or expedient for seeking cooperation from the federal government or
any other person in accomplishing the purposes of this chapter.
Sec. 8513.0302.  TITLE AND RIGHT TO CONTROL; TRUST.  (a)  The
authority is vested with such title and right of control to the
extent the state has, or may have, title and right of control of:
(1)  the natural bed and banks of the entirety of the
(2)  a tributary of the San Antonio River inside the
(3)  the natural beds and banks of any navigable stream
or tributary inside the authority.
(b)  The authority's title and right of control shall be in
trust for the accomplishment of the purposes of this chapter.
(c)  The authority may use or dispose of land or rights,
including any proceeds, income, revenue, or trading values received
from the use or disposition, that may be reasonably required for or
aid the accomplishment of the purposes of this chapter.
Sec. 8513.0303.  POWERS RELATING TO CONSERVATION AND
BENEFICIAL USE OF WATER.  (a)  The authority has the powers of this
state under Section 59, Article XVI, Texas Constitution, to:
(A)  the construction, maintenance, and operation
of navigable canals or waterways;
(C)  the conservation and use of ground, storm,
flood, and unappropriated flow waters in the authority for all
(H)  forestation and reforestation;
(2)  encourage and develop parks and recreational
(4)  do all things that are required to accomplish the
(b)  The powers described by Subsection (a) are subject only
(1)  the legislature's policy declarations regarding
(2)  the commission's continuing supervision and
(3)  the provisions of Section 11.024, Water Code,
prescribing the priorities of water uses; and
(4)  the water rights acquired by municipalities and
(c)  The authority shall store and conserve to the greatest
beneficial use the storm, flood, and unappropriated flow waters of
any river or stream or tributary of a river or stream within the
authority to prevent the escape of water without maximum beneficial
use inside or outside the authority's boundaries.
Sec. 8513.0304.  POWERS REGARDING CANALS, WATERWAYS, AND
RELATED FACILITIES.  The authority may:
(1)  promote, construct, maintain and operate, make
practicable, or aid and encourage the construction, maintenance,
and operation of navigable canals or waterways and all navigational
systems or facilities auxiliary to navigable canals or waterways
using the natural bed and banks of the San Antonio River, where
practicable, and then traversing a route the authority may find to
be more feasible and practicable to connect the San Antonio River
with any new navigable canals to be constructed in the lower reaches
of the San Antonio River or to connect the San Antonio River with
the Gulf Intracoastal Waterway, the San Antonio Bay, or the Gulf of
(2)  construct a system of artificial waterways and canals,
together with all locks and other works, structures, and artificial
facilities as may be necessary and convenient for the construction,
(A)  navigable canals or waterways; and
(B)  all navigational systems and facilities auxiliary
to navigable canals or waterways; and
(3)  in the case of construction of navigable canals or
waterways and all auxiliary navigational systems or facilities by
the federal government or otherwise:
(A)  construct, maintain, and operate lateral
connecting canals and turning basins to serve local needs; and
(B)  provide, construct, acquire, take over, maintain,
operate, develop, lease, regulate, 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 canals or waterways and all
navigational systems or auxiliary facilities and ports, whether on
Sec. 8513.0305.  FEDERALLY CONSTRUCTED OR MAINTAINED
CANALS,  WATERWAYS, AND FACILITIES.  If the construction or
maintenance and operation of navigable canals or waterways and all
navigational systems or facilities auxiliary to navigable canals or
waterways on the San Antonio River is taken over by the federal
government or an agency of the federal government, the authority
(1)  enter into contracts that may be required by the federal
government, including assignments and transfers of property,
property rights, easements, and privileges; and
(2)  take any other action required by the federal government
or an agency of the federal government.
Sec. 8513.0306.  POWER TO CONTROL, DEVELOP, STORE, AND USE
WATER FOR NAVIGATIONAL USE.  (a)  The authority may control,
develop, store, and use the natural flow and floodwaters of the San
Antonio River and its tributaries for the purpose of operating and
(1)  navigable canals or waterways; and
(2)  navigational systems or facilities auxiliary to
(b)  The navigational use of water authorized by Subsection
(a) is subordinate and incidental to consumptive use of water.
Sec. 8513.0307.  POWERS RELATING TO PARKS, RECREATIONAL
FACILITIES, AND PRESERVATION OF FISH AND WILDLIFE.  (a)  The
(1)  additional land adjacent to a permanent
improvement constructed inside the authority for the purpose of
developing parks or recreational facilities; and
(2)  necessary rights-of-way to construct, operate,
and maintain roads necessary for ingress and egress to an area
described by Subdivision (1) or to a fish or wildlife preserve or
(b)  The authority may provide recreational facilities and
services and may enter into a contract or agreement with any person
for the operation or maintenance of a park or recreational
(c)  The preservation of fish shall be in accordance with any
rules prescribed by the Parks and Wildlife Department.
Sec. 8513.0308.  POWERS RELATING TO FLOOD CONTROL AND FLOOD
PLAIN MANAGEMENT.  (a)  The authority shall prevent and aid in the
prevention of damage to persons and property by the overflow of any
rivers, streams, or tributaries of those rivers and streams within
(b)  The authority may study, designate, and regulate flood
Sec. 8513.0309.  ACQUISITION OF WATER OR WATER RIGHTS.  (a)
The authority may acquire water appropriation permits or certified
filings within or outside the authority directly from the
commission or from permit owners.
(b)  The authority may purchase water, water supply
facilities, or conservation storage capacity from any person.
Sec. 8513.0310.  GENERAL WATER SUPPLY POWERS.
(a)  The authority, inside or outside its boundaries, may:
(1)  construct, acquire, equip, acquire storage rights
at, operate, or maintain a dam or reservoir;
(2)  construct, operate, maintain, or otherwise
provide water supply lines, water purification, and water pumping
(3)  provide water supply for municipalities,
including selling water and standby service to any person;
(4)  provide water for irrigation of lands and the
development of commercial and industrial enterprises; and
(5)  acquire storage capacity in any dam constructed or
to be constructed by or with the assistance of this state or the
United States from any person, this state, or the United States.
(b)  The authority may bring water into the authority.
(c)  It is the intent of this chapter that the authority is
primarily concerned with the conservation, control, storage,
distribution, and sale of water in bulk quantities in the public
interest and only incidentally with the retail sale of water
insofar as it does not compete with municipal water distributors
and then only when necessary or convenient as a service to the
Sec. 8513.0311.  CONTRACTS TO SUPPLY WATER AND OPERATE
FACILITIES.  (a)  The authority may contract with a user of water
inside or outside the authority for services for which the
authority may charge, including standby service and delivery of
(b)  The authority may contract with any person in the manner
provided by Section 552.020, Local Government Code, for:
(D)  water purification and pumping facilities;
(2)  furnishing water supply service.
(c)  A contract under Subsection (b) may provide for the
operation, maintenance, and ownership of property subject to the
Sec. 8513.0312.  POWERS RELATING TO SOIL CONSERVATION.
(a)  The authority may act as a local sponsoring agent for or
otherwise aid and supplement upstream soil and water conservation
and flood prevention projects authorized by a state or federal
agency in conjunction with a soil and water conservation district.
(b)  The authority may make arrangements satisfactory to the
United States Secretary of Agriculture to defray the cost of
maintaining or operating a project under Subsection (a).  An
arrangement made under this section must be in accordance with
regulations presented by the secretary of agriculture.
(c)  Any portion of the total construction costs of a project
described by Subsection (a) allocable to flood control or soil
conservation shall be paid for or financed by money originating in
the county in which the project is situated.  The money may be of any
kind, except from a tax imposed under Subchapter F.
Sec. 8513.0313.  WASTE MANAGEMENT.  (a)  As a necessary aid
to the conservation, control, preservation, purification, and
distribution of surface and ground waters within the authority, the
authority may, within the San Antonio River Basin:
(1)  construct, own, operate, maintain, or otherwise
provide sewage gathering, treatment, and disposal services,
including solid waste disposal services;
(2)  charge for services described by Subdivision (1);
(3)  make contracts with counties, municipalities, and
others regarding services described by Subdivision (1) or charges
(b)  The authority may not exercise the powers described by
Subsection (a) in Kerr, Real, or Bandera County unless consented to
by a majority vote of the commissioners court of that county.
Sec. 8513.0314.  POLLUTION PREVENTION.  (a)  The authority
may study, correct, and control pollution, including natural,
artificial, organic, inorganic, and thermal pollution, of the
groundwater and surface water within the San Antonio River Basin.
(b)  The authority may not adopt or enforce an ordinance
regarding pollution in any county outside the authority's
Sec. 8513.0315.  FORESTATION AND REFORESTATION.  The
authority may forest, reforest, or aid in foresting or reforesting
of all areas within the authority.
Sec. 8513.0316.  GENERAL AUTHORITY TO MAKE CONTRACTS AND
EXECUTE INSTRUMENTS.  The authority may enter into a contract or
execute an instrument necessary or convenient to exercising a
power, right, privilege, or function conferred on the authority by
Sec. 8513.0317.  AWARD OF CERTAIN WATER SUPPLY CONTRACTS.
(A)  the sale, purchase, procurement,
distribution, or supply of water or conservation storage capacity;
(B)  construction of a navigable canal or
(2)  a contract authorized under Section 561.003, Local
(b)  Before entering into a contract under this section, the
manager shall publish notice describing the general nature of the
contract in a newspaper of general circulation in each county
within the authority where the contract is to have effect.
(c)  The board may consider and act on a contract at any
regular board meeting following the last date of publication of
notice required under this section.
(d)  The board shall confirm or ratify a contract by a
(e)  A contract may be the sole basis or a supplement to the
basis for securing a bond of the authority.
Sec. 8513.0318.  AWARD OF CERTAIN CONSTRUCTION AND SERVICE
CONTRACTS.  (a)  The board shall award any construction,
maintenance, operation, or repair contract, contract for the
purchase of material, equipment, or supplies, or contract for
services if the contract will require an estimated expenditure of
more than the maximum amount for which competitive bidding is
required by Chapter 49, Water Code, to the lowest and best bidder.
(A)  before awarding a contract under this
section, publish notice to bidders once each week for two
(B)  adopt bylaws for the publication of notice to
bidders and any related procedures; and
(2)  may prescribe the amount of estimated expenditures
subject to competitive bidding.
(c)  In the event of an emergency, the authority may award a
contract necessary to protect and preserve the public health and
welfare or the authority's property without using bidding
(d)  A director is ineligible to submit a bid for a contract
(e)  Notwithstanding this section, the authority may:
(1)  purchase surplus property from the United States
by negotiated contract and without advertising for bids; and
(2)  use any procurement method under:
(A)  Chapter 49, Water Code; or
(B)  other applicable general law.
(f)  This section does not apply to a purchase contract, a
procurement contract, or a contract described by Section 49.278,
Sec. 8513.0319.  ACQUISITION, MAINTENANCE, AND OPERATION OF
PROPERTY; EMINENT DOMAIN.  (a)  The authority may acquire by
purchase, lease, gift, or any other manner and maintain, use, and
operate property of any kind inside or outside the authority
necessary to the exercise of the powers, rights, privileges, and
functions conferred on the authority by this chapter and by the
exercise of the power of eminent domain in the manner provided by
(b)  The authority may exercise the power of eminent domain
in the manner provided by the general law applicable to a district
created under Section 59, Article XVI, Texas Constitution.
(c)  The authority's authority under this section to
exercise the power of eminent domain expired on September 1, 2013,
unless the authority submitted a letter to the comptroller in
accordance with Section 2206.101(b), Government Code, not later
Sec. 8513.0320.  PRELIMINARY INVESTIGATIONS AND SURVEYS.
(a)  The authority may make preliminary investigations and surveys
in the manner and for the purposes specified in Chapters 49 and 51,
Water Code, or other applicable general law.
(b)  The authority may make a preliminary investigation or
survey independently at its own cost or jointly with others or may
contribute to the cost of a preliminary investigation or survey
(c)  For purposes of procuring cooperation by the federal
government, any project lawfully within the scope of the purposes
of this chapter may be approved for construction as a federal
project under such contractual terms as may be demanded by the
Sec. 8513.0321.  SALE, LEASE, MORTGAGE, OR OTHER DISPOSITION
OF AUTHORITY PROPERTY.  (a)  The authority may not:
(1)  mortgage or otherwise encumber authority property
of any kind, or any interest in authority property; or
(2)  acquire any property or interest in property
subject to a mortgage or conditional sale.
(b)  Subsection (a) does not prevent pledging authority
revenue or income of any kind, except an ad valorem tax imposed by
the authority under Section 8513.0601.
(c)  This chapter does not authorize the sale, lease, or
other disposition of authority property of any kind, or an interest
in authority property, by the authority or a receiver of any
authority property unless authorized under this chapter or
(d)  Notwithstanding Subsection (c), the authority may sell
or otherwise dispose of authority property of any kind, or an
interest in authority property, if the board, by the affirmative
vote of a majority of members of the board present at a regular or
special meeting, determines that the property or interest is not
convenient to the business of the authority and is surplus.
(e)  The board shall publish notice of a proposed sale once
each week for two consecutive weeks in a newspaper of general
circulation in the county or counties where the property or
(1)  the appraised value of the property or interest
(2)  the property or interest is not partial or total
consideration in a transaction for the exchange of property.
(f)  Authority property is exempt from forced sale. The sale
of authority property under a judgment rendered in a suit is
Sec. 8513.0322.  OVERFLOW OR INUNDATION OF PUBLIC PROPERTY;
RELOCATION OF ROADS.  The authority may overflow and inundate any
public land or public property and require the relocation of a road
or highway in the manner and to the extent permitted to a district
organized under general law pursuant to Section 59, Article XVI,
Sec. 8513.0323.  COST OF RELOCATING OR ALTERING PROPERTY.
If the authority's exercise of the power of eminent domain, the
power of relocation, or any other power granted by this chapter
makes necessary relocating, raising, rerouting, changing the grade
of, or altering the construction of a railroad or street railway,
the necessary action shall be accomplished at the authority's sole
Sec. 8513.0324.  CONSTRUCTION, MAINTENANCE, AND OPERATION
OF FACILITIES.  The authority may construct, extend, improve,
maintain, and reconstruct, cause to be constructed, extended,
improved, maintained, and reconstructed, and use and operate
facilities of any kind necessary or convenient to the exercise of
the authority's powers, rights, privileges, and functions.
Sec. 8513.0325.  FRANCHISES AND RIGHTS RELATING TO NAVIGABLE
CANALS AND WATERWAYS.  (a)  The authority may grant a franchise or
right to any person for the use of navigable canals or waterways and
all auxiliary navigational systems or facilities to aid navigation
of navigable canals or waterways of the San Antonio River.
(b)  Unless granted a franchise by the authority, a person
may not provide, maintain, or operate a facility of aid of
navigation connected with a navigable canal or waterway described
by Subsection (a) or an auxiliary navigational system or facility
that is intended for public use.
(c)  The board may grant a franchise by ordinance. A
(1)  may not exceed a term of 50 years; and
(2)  may be for the design, construction, repair,
enlargement, alteration, maintenance, operation of, and service
from or use of any facility to be provided for use in navigation on
navigable canals or waterways and all auxiliary navigational
systems or facilities, whether on land or in or on water.
(d)  An ordinance granting a franchise:
(i)  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,
(ii)  reasonably required to procure service
adequate to serve the public necessity and convenience; and
(B)  be uniform, reasonable, and without
discrimination against any person with regard to any charges or
conditions of use or service; and
(A)  contain provisions for the payment of
reasonable fees or other charges to be paid to the authority; and
(B)  provide reasonable and commensurate
penalties as provided by Section 49.004, Water Code, to procure
observance of the conditions of a franchise granted or compliance
with the rules established by the ordinance.
(1)  require uniform and adequate analytic accounting
systems and forms and periodic reports based on those systems and
(3)  provide for other reasonable regulations designed
(A)  establish rules necessary or designed to:
(i)  protect physical property owned by the
authority or owned or operated by a franchise holder; or
(ii)  effect the safety or efficient use of
property described by Subparagraph (i); and
(B)  provide for reasonable and commensurate
penalties for a violation of this section, as provided by Section
(f)  Unless otherwise provided, a franchise granted under
this section may only be revoked or suspended by order of a district
court within the county in which the authority may maintain its
Sec. 8513.0326.  CONCESSIONS AND FRANCHISES RELATING TO
WORKS OF IMPROVEMENT, PARKS, RECREATIONAL FACILITIES, AND FISH OR
WILDLIFE PRESERVES AND RESERVES.  The authority my grant to any
person a concession or franchise on the premises of any work of
improvement, park, recreational facility, or fish or wildlife
Sec. 8513.0327.  OFFICIAL NEWSPAPER.  The authority may
designate an official newspaper in each county in the authority.  An
official newspaper must have general circulation in the county in
which the newspaper is situated.
Sec. 8513.0328.  AUTHORITY CONSTABULARY.  (a)  The authority
may constitute and maintain an independent constabulary.
(b)  A constabulary constituted under this section is
subject to the oath and bond requirements of a county sheriff under
Section 85.001, Local Government Code.
(c)  A constabulary shall police authority property and
facilities controlled by the authority.
(d)  A constabulary may make arrests:
(1)  to prevent injury to authority property and
facilities controlled by the authority or for a violation of a penal
ordinance of the authority; and
(2)  inside or outside the authority, upon complaint or
indictment for a violation of a penal ordinance of the authority.
Sec. 8513.0329.  STATE SUPERVISION AND APPROVAL.  (a)  The
commission shall cooperate with the authority to:
(1)  make investigations and plans; and
(2)  to the extent provided by Subsection (b), approve
investigations and plans for improvements provided by the
(b)  This section applies only to commission approval of
plans that are appropriate under general law.
(c)  Except for a plan regarding the use of water that is
permitted by the state, a plan for improvements adopted by the
Sec. 8513.0330.  COORDINATION WITH NONPROFIT ORGANIZATION.
(a)  In this section, "affiliated nonprofit organization" means a
(1)  created by the authority; or
(2)  for which the authority, board, or authority
employees have a right to appoint one or more of the members of the
nonprofit organization's governing body.
(b)  The authority may contract or otherwise coordinate with
a nonprofit organization, including an affiliated nonprofit
organization, to accomplish the purposes of the authority.
(c)  Directors may not constitute a majority of the board of
directors or other governing body of an affiliated nonprofit
organization. An authority employee may not serve on the board of
directors or other governing body of an affiliated nonprofit
(d)  The board shall develop a policy regarding fund-raising
activities of a nonprofit organization that enters into a contract
or otherwise coordinates with the authority. The policy must:
(1)  include acceptable and prohibited fund-raising
(2)  specify how fund-raising is conducted 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 authority.
(e)  A memorandum of understanding between the authority and
an affiliated nonprofit organization entered into under this
section must include the policy developed under Subsection (d).
SUBCHAPTER D.  REGULATORY POWERS; ENFORCEMENT AND COURT REVIEW
Sec. 8513.0401.  ADOPTION OF RULES.  The authority may by
ordinance adopt reasonable rules to:
(2)  protect and secure authority property and works of
(3)  regulate pollution, residence, hunting, fishing,
boating, and camping, and any other recreational and business
privileges on any navigable river or reservoir in the authority or
on any land owned by the authority.
Sec. 8513.0402.  ENFORCEMENT OF RULES; PENALTY.  The
authority by rule may prescribe reasonable and commensurate
penalties for the violation of an authority rule, as provided by
Sec. 8513.0403.  NOTICE OF RULE PROVIDING PENALTY.  (a)  If
the authority adopts a rule that provides a penalty, the authority
must publish a substantive statement of the rule and the penalty
once a week for two consecutive weeks in a newspaper of general
circulation in each county in which the rule applies.
(b)  The substantive statement must be as condensed as
possible so that the act prohibited by the rule can be easily
(c)  The statement may include notice of any number of rules.
(d)  The notice must state that:
(1)  a person who violates the rule is subject to a
(2)  the rule is on file in the authority's principal
office, where the rule may be read by any interested person.
(e)  A rule takes effect five days after the date of second
publication of the statement under this section.
Sec. 8513.0404.  JUDICIAL NOTICE OF RULES.  A court shall
take judicial notice of a rule adopted under this subchapter and
published as required by Section 8513.0403.
Sec. 8513.0405.  RECOVERY OF LITIGATION FEES AND COSTS.
Section 49.004, Water Code, governs recovery of fees for attorneys,
expert witnesses, and other court costs incurred by the authority
in any suit by the authority to enforce its rules.
Sec. 8513.0406.  APPEAL BOND NOT REQUIRED.  The authority is
not required to give bond on any appeal from judgment in any court.
SUBCHAPTER E.  GENERAL FINANCIAL PROVISIONS
Sec. 8513.0501.  OBLIGATION PAYABLE.  A debt, liability, or
obligation of the authority for the payment of money, however
entered into or incurred and whether arising from an express or
implied contract or otherwise, is payable solely:
(1)  out of the revenue received by the authority with
(2)  from any other money or income from any source
coming into the authority's possession, including proceeds of sale
Sec. 8513.0502.  FISCAL YEAR.  The authority's fiscal year
ends on September 30 of each year.
Sec. 8513.0601.  MAINTENANCE AND ADMINISTRATION TAX.  (a)
The authority may impose ad valorem taxes throughout the territory
of the authority in amounts approved at an election held in
accordance with Section 8511.0602 for:
(1)  the maintenance of the authority and its
(2)  general administration; or
(3)  planning and other services with respect to any of
the purposes, rights, privileges, and functions of the authority.
(b)  An ad valorem tax imposed by the authority may not:
(1)  be used to pay for or finance:
(A)  the construction of a dam, reservoir, levee,
channel, pipeline, or other major physical work of the authority;
(B)  the cost or expenses of a right-of-way
(C)  damages awarded by a court for a suit brought
under Section 17, Article I, Texas Constitution; or
(2)  be pledged to the issue or redemption of bonds
authorized under Section 8513.0702.
(c)  The maintenance tax and administration tax may not
exceed the maximum rate approved at the election. The tax rate may
not exceed the limit specified by Section 8513.0604.
Sec. 8513.0602.  ELECTION FOR AD VALOREM TAX.  (a)  The board
may impose an ad valorem tax within the maximum tax rate for a
purpose authorized by this chapter if the taxes are approved at an
election held in the authority by a majority of the votes cast:
(1)  throughout the authority; and
(2)  in any three counties in the authority.
(b)  The election must be ordered by ordinance of the board.
The ordinance must include for each applicable county in the
authority the polling places in that county where the election is to
Sec. 8513.0603.  PUBLIC HEARING; NOTICE. (a) If the board
orders an election under Section 8513.0602, the board must hold a
public hearing in each county in the authority to discuss the
(b)  Each public hearing must be held:
(1)  not fewer than 10 days before the date of the
(2)  not more than 25 days before the date of the
(c)  Notice of the public hearing must be given by publishing
the notice in at least one newspaper of general circulation in each
county where the hearing is to be held. The notice must:
(1)  be published at least 10 days before the date of
(2)  include the time, day, date, place, and purpose of
Sec. 8513.0604.  MAXIMUM TAX RATE.  The maximum tax rate that
may be imposed for any year under this subchapter is two cents on
each $100 of assessed valuation of taxable property.
Sec. 8513.0605.  ASSESSMENT AND COLLECTION OF TAXES.
(a)  The authority's tax rate shall be uniform throughout the
authority.  The chair and secretary of the board shall certify the
tax rate to the assessor-collector of each included county.
(b)  It shall be the duty of each county tax
assessor-collector in the authority to cause to be placed on the
county tax rolls such additional column or columns as are needed to
show the tax levied b