By McCoulskey H.B. No. 2970
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authorization of a county commissioners court to
1-3 own, operate and maintain water and sewer systems for
1-4 unincorporated areas inside and outside the county, granting to the
1-5 county the power of eminent domain.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Chapter 412, Subchapter B, Local Government Code,
1-8 Vernon's Annotated Texas Codes, is amended by adding Section
1-9 412.015 to read as follows:
1-10 (a) The commissioners court of a county may build, own,
1-11 operate, and maintain water and sewer systems within unincorporated
1-12 areas within the county.
1-13 (b) The county may issue revenue bonds secured solely by the
1-14 pledge of revenues from the area or areas being served. The county
1-15 may not pledge any general revenues secured by ad valorem taxes.
1-16 (c) The county may acquire necessary land, easements, and
1-17 rights-of-way inside and outside of county jurisdiction in order to
1-18 provide service under this section. The county is specifically
1-19 granted the use of all public easements and allowed the use of
1-20 eminent domain in order to fulfill the requirements of this
1-21 section.
1-22 (d) Any service to be provided within a city's
1-23 extraterritorial jurisdiction or within a certificated service area
2-1 of any other utility the county must receive written authorization
2-2 from the city or utility prior to any issuance of revenue debt.
2-3 (e) The county would be subject to all applicable rules and
2-4 regulations by the Texas Natural Resource Conservation Commission
2-5 as required of municipalities.
2-6 SECTION 2. This Act takes effect September 1, 1995.
2-7 SECTION 3. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.