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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 77(R)

SENATE BILL 1444

SENATE AUTHOR: J. E. Brown

EFFECTIVE: 6-17-01

HOUSE SPONSOR: Walker

            Senate Bill 1444 amends the Water Code to make changes relating to the powers and duties of general-law water districts, water control and improvement districts (WCIDs), municipal utility districts (MUDs), fresh water supply districts, and levee improvement districts. The bill amends the Local Government Code to allow a municipality to sell a water or sewer system it owns to a water district without an election, and to allow a municipality to issue bonds to pay a contracting water district for water or wastewater services. An amendment to the Civil Practice and Remedies Code provides that the common law doctrine of vicarious liability because of participation in a joint enterprise imposes no liability on a water district. Other provisions validate certain water district proceedings and amend the enabling statute of the North Harris County Regional Water Authority.

            Water Code changes authorize water district recreational facilities, funded by recreational and water and wastewater user fees but not by bonds supported by ad valorem taxes. The bill provides that a district or water supply corporation that operates a wastewater collection system may prohibit the installation of private on-site wastewater holding or treatment systems on unserved property, but in such a case must pay the costs of connecting the tract to the district's or corporation's system if the distance is 300 feet or more. The bill amends provisions relating to plans for fire-fighting services. Among various other changes, it increases the maximum for district director fees of office from $100 to $150 per day, limits aggregate construction contract change orders to no more than a 10 percent increase above the original contract price, and provides that the Private Real Property Rights Preservation Act does not apply to district taxes, fees, charges, and rentals. The bill expands the regulatory powers of WCIDs and MUDs.