By: Armbrister S.B. No. 1462
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the authorization of a county commissioners court to
1-2 own, operate and maintain water and sewer systems for
1-3 unincorporated areas inside and outside the county, granting to the
1-4 county the power of eminent domain.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 412, Subchapter B, Local Government Code,
1-7 Vernon's Annotated Texas Codes, is amended by adding Section
1-8 412.015 to read as follows:
1-9 (a) The commissioners court of a county may build, own,
1-10 operate, and maintain water and sewer systems within unincorporated
1-11 areas within the county.
1-12 (b) The county may issue revenue bonds secured solely by the
1-13 pledge of revenues from the area or areas being served. The county
1-14 may not pledge any general revenues secured by ad valorem taxes.
1-15 (c) The county may acquire necessary land, easements, and
1-16 rights-of-way inside and outside of county jurisdiction in order to
1-17 provide service under this section. The county is specifically
1-18 granted the use of all public easements and allowed the use of
1-19 eminent domain in order to fulfill the requirements of this
1-20 section.
1-21 (d) Any service to be provided within a city's
1-22 extraterritorial jurisdiction or within a certificated service area
1-23 of any other utility the county must receive written authorization
2-1 from the city or utility prior to any issuance of revenue debt.
2-2 (e) The county would be subject to all applicable rules and
2-3 regulations by the Texas Natural Resource Conservation Commission
2-4 as required of municipalities.
2-5 SECTION 2. This Act takes effect September 1, 1995.
2-6 SECTION 3. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended.