By Olivo H.B. No. 2214
76R6661 DRH-D
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 system; granting the power of eminent domain.
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 412.016 to read as follows:
1-7 Sec. 412.016. COUNTY WATER AND SEWER SYSTEM. (a) A county
1-8 may acquire, own, or operate a water or sewer utility system to
1-9 serve an unincorporated area of the county in the same manner and
1-10 under the same regulations as a municipality under Chapter 402. A
1-11 county operating a system authorized by this section is subject to
1-12 Chapter 13, Water Code.
1-13 (b) To finance the water or sewer utility system, a county
1-14 may issue bonds payable solely from the revenue generated by the
1-15 water or sewer utility system. A bond issued under this section is
1-16 not a debt of the county but is only a charge on the revenues
1-17 pledged and is not considered in determining the ability of the
1-18 county to issue bonds for any other purpose authorized by law.
1-19 This subsection does not authorize the issuance of general
1-20 obligation bonds payable from ad valorem taxes to finance a water
1-21 or sewer utility system.
1-22 (c) A county may acquire any interest in property necessary
1-23 to operate a system authorized by this section through any means
1-24 available to the county, including eminent domain. A county may
2-1 not use eminent domain under this subsection to acquire property in
2-2 a municipality.
2-3 SECTION 2. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended,
2-8 and that this Act take effect and be in force from and after its
2-9 passage, and it is so enacted.
2-10 COMMITTEE AMENDMENT NO. 1
2-11 Amend HB 2214 as follows:
2-12 On page 1, at the end of Section 1 (b), add:
2-13 "However, a county with a population of 2.8 million or more and any
2-14 adjoining county may issue general obligation bonds with the
2-15 approval of qualified voters."
2-16 Ramsay
2-17 COMMITTEE AMENDMENT NO. 2
2-18 Amend HB 2214 as follows:
2-19 On page 2, at the end of Section 1 (c), add:
2-20 "Provided, however, a county with a population of 2.8 million or
2-21 more and any adjoining county may, with the municipality's
2-22 approval, use the power of eminent domain under this subsection to
2-23 acquire property within a municipality."
2-24 Ramsay