By: Corte H.B. No. 2786
73R6633 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of water corporations to provide water
1-3 service and to obtain facilities and equipment for the provision of
1-4 water service and to the method of dissolution of water
1-5 corporations.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 2(c), Chapter 76, Acts of the 43rd
1-8 Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's
1-9 Texas Civil Statutes), is amended to read as follows:
1-10 (c) A water supply corporation may construct, acquire, own,
1-11 lease, improve, extend, and maintain facilities, plants, equipment,
1-12 and appliances helpful or necessary to provide more adequate water
1-13 or sewer service, flood control, and drainage for towns, cities,
1-14 counties, and other political subdivisions and for private
1-15 corporations and individuals.
1-16 SECTION 2. Section 4, Chapter 76, Acts of the 43rd
1-17 Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's
1-18 Texas Civil Statutes), is amended to read as follows:
1-19 Sec. 4. Such Water Supply or Sewer Service Corporations
1-20 shall have the right to purchase, own, hold and lease and otherwise
1-21 acquire water wells, springs and other sources of water supply, to
1-22 lease, build, operate and maintain pipe lines for the
1-23 transportation of water or wastewater, to lease, build and operate
1-24 plants and equipment necessary for the distribution of water or for
2-1 the treatment and disposal of wastewater, and to sell water or to
2-2 provide wastewater services to towns, cities and other political
2-3 subdivisions of the State of Texas, to private corporations and to
2-4 individuals. Such corporations shall have the right of eminent
2-5 domain to acquire sites for plants and facilities and to acquire
2-6 rights-of-way and shall have the right to use the rights-of-way of
2-7 the public highways of the State for the laying of pipelines under
2-8 supervision of the State Highway Commission. This section shall
2-9 only apply to a county with a population of less than 2 million.
2-10 SECTION 3. Chapter 76, Acts of the 43rd Legislature, 1st
2-11 Called Session, 1933 (Article 1434a, Vernon's Texas Civil
2-12 Statutes), is amended by adding Section 10 to read as follows:
2-13 Sec. 10. (a) On the voluntary dissolution of a corporation
2-14 formed under this Act, the assets of the corporation shall be
2-15 applied and distributed as provided by the Texas Non-Profit
2-16 Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
2-17 Statutes).
2-18 (b) In addition to other recipients authorized to receive
2-19 assets under the Texas Non-Profit Corporation Act (Article
2-20 1396-1.01 et seq., Vernon's Texas Civil Statutes), the members may
2-21 transfer the assets of the corporation to any town, city, county,
2-22 or other political subdivision that has agreed to accept the assets
2-23 in any applicable manner required by law.
2-24 SECTION 4. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended,
3-2 and that this Act take effect and be in force from and after its
3-3 passage, and it is so enacted.