74R10670 DRH-F
By McCoulskey H.B. No. 2970
Substitute the following for H.B. No. 2970:
By Longoria C.S.H.B. No. 2970
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a county to operate a water or sewer
1-3 utility in unincorporated areas of a county.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 412, Local Government Code,
1-6 is amended by adding Section 412.015 to read as follows:
1-7 Sec. 412.015. COUNTY WATER AND SEWER FACILITY. (a) Except
1-8 as provided by this section, a county may operate a water or sewer
1-9 utility system to serve an unincorporated area of the county in the
1-10 same manner, and under the same regulations, as a municipality
1-11 under Chapter 402.
1-12 (b) A county may issue bonds payable solely from the revenue
1-13 generated by the water or sewer utility system. A county may not
1-14 issue general obligation bonds payable from ad valorem taxes.
1-15 (c) A county may acquire any interest in property necessary
1-16 to operate a system authorized by this section through any means,
1-17 including eminent domain.
1-18 (d) A county may not provide water or sewer service to an
1-19 area in the extraterritorial jurisdiction of a municipality or an
1-20 area to which a holder of a certificate of public convenience and
1-21 necessity must provide service under Section 13.250, Water Code,
1-22 without the consent of the municipality or the holder of the
1-23 certificate.
2-1 SECTION 2. This Act takes effect September 1, 1995.
2-2 SECTION 3. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.