By:  Wentworth                                        S.C.R. No. 68
                             SENATE CONCURRENT RESOLUTION
    1-1        WHEREAS, The City of Cedar Park alleges that:
    1-2        (1)  the City of Cedar Park was granted a permit (TWC Id.
    1-3  Permit No. 12308-01) by the Texas Water Commission in September,
    1-4  1988, to construct, operate, and maintain its municipal wastewater
    1-5  treatment facility;
    1-6        (2)  the designs and specifications for the construction of
    1-7  that facility were reviewed by the Texas Water Commission and
    1-8  approved on the contingency that the City of Cedar Park enter into
    1-9  a buffer zone agreement with the Texas Water Commission;
   1-10        (3)  the buffer zone agreement entered into by the City of
   1-11  Cedar Park with the Texas Water Commission provided the City of
   1-12  Cedar Park with a variance from Texas Water Commission siting
   1-13  requirements, thus allowing construction of approved facility units
   1-14  within 150 feet of residential properties;
   1-15        (4)  the buffer zone agreement set out procedural
   1-16  alternatives that the City of Cedar Park and the Texas Water
   1-17  Commission would abide by in the event complaints from adjacent
   1-18  landowners were filed concerning the impact of the operation of the
   1-19  wastewater treatment facility;
   1-20        (5)  when such complaints arose, the Texas Water Commission
   1-21  failed to abide by its written agreement with the City of Cedar
   1-22  Park and forced the City of Cedar Park to defend the design,
   1-23  approval, construction, and operation of the wastewater treatment
    2-1  facility in a prolonged public hearing in clear contravention of
    2-2  the procedures detailed in the Texas Water Commission's buffer zone
    2-3  agreement;
    2-4        (6)  the failure of the Texas Water Commission to abide by
    2-5  the terms of its own agreement has caused the City of Cedar Park to
    2-6  incur substantial expenses which will potentially affect all City
    2-7  of Cedar Park ratepayers; now, therefore, be it
    2-8        RESOLVED by the Legislature of the State of Texas, That the
    2-9  City of Cedar Park is granted permission to sue the State of Texas
   2-10  and the Texas Water Commission subject to Chapter 107, Civil
   2-11  Practice and Remedies Code; and, be it further
   2-12        RESOLVED, That the Attorney General of the State of Texas and
   2-13  either the Executive Director of the Texas Water Commission or, if
   2-14  suit is brought on or after September 1, 1993, the Executive
   2-15  Director of the Texas Natural Resource Conservation Commission be
   2-16  served process as provided by Subdivision (3), Subsection (a),
   2-17  Section 107.002, Civil Practice and Remedies Code.