By Nelson                                              S.B. No. 386
         76R2663 WP-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the power of eminent domain by the Upper Trinity
 1-3     Regional Water District.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 21(c), Chapter 1053, Acts of the 71st
 1-6     Legislature, Regular Session, 1989, is amended to read as follows:
 1-7           (c)  The district may not exercise the power of eminent
 1-8     domain to acquire:
 1-9                 (1)  [any property located in a municipality located in
1-10     whole or in part in the county without the prior consent by
1-11     resolution of the governing body of the municipality in whose
1-12     jurisdiction the subject property is located;]
1-13                 [(2)]  any property located outside the county to be
1-14     used as a water supply reservoir without the consent of the county
1-15     or counties in which the reservoir is to be located;
1-16                 (2) [(3)]  any property owned by the county, any
1-17     municipality, or any agency or instrumentality of a county or
1-18     municipality; or
1-19                 (3) [(4)]  a waterworks system or a wastewater system
1-20     that is owned by a municipality, a political subdivision of the
1-21     state, private parties, or a nonprofit corporation.
1-22           SECTION 2.  Chapter 1053, Acts of the 71st Legislature,
1-23     Regular Session, 1989, is amended by adding Section 21A to read as
1-24     follows:
 2-1           Sec. 21A.  SPECIAL PROVISIONS REGARDING EMINENT DOMAIN.  (a)
 2-2     The district may not acquire property in a municipality any part of
 2-3     which is located in the county for a use other than for a pipeline
 2-4     or appurtenance unless the municipality's governing body by
 2-5     resolution gives its consent before the exercise of that power.
 2-6           (b)  Before the district acts to acquire by eminent domain
 2-7     property that is located in a municipality that has a member on the
 2-8     board for use for a pipeline or appurtenance, the district must
 2-9     give written notice to the municipality that the district intends
2-10     to exercise the power of eminent domain to acquire the property.
2-11     The notice must be by certified mail, return receipt requested,
2-12     addressed to the municipality's mayor, executive director, or chief
2-13     administrative officer.  The notice must identify the property to
2-14     be acquired by eminent domain and state that the district may not
2-15     exercise its power of eminent domain unless the municipality gives
2-16     its written consent or fails to respond to the notice before the
2-17     61st day after the notice is received.  The municipality, after
2-18     receiving the notice, may review and comment on the project for
2-19     which the property is proposed to be acquired, its location, and
2-20     its compatibility with local municipal facilities.  If the
2-21     governing body of the municipality in writing notifies the district
2-22     that the municipality will not allow the project without its
2-23     written consent before the 61st day after the notice is received,
2-24     the district may not act to acquire the property by eminent domain
2-25     until it receives the written consent.  If the municipality does
2-26     not respond to the notice before the 61st day after the notice is
2-27     received, the district may acquire the property by eminent domain
 3-1     for the pipeline or appurtenance.  If the district has received
 3-2     from the governing body of the municipality written consent for the
 3-3     exercise of eminent domain before the notice is sent, the notice
 3-4     and review period is not required before the district exercises
 3-5     that power.
 3-6           SECTION 3.  All resolutions, orders, and other acts or
 3-7     attempted acts of the board of directors of the Upper Trinity
 3-8     Regional Water District relating to any election, contract, or
 3-9     issuance of bonds or other obligations and the expenditure of funds
3-10     in payment of the bonds and all other governmental and proprietary
3-11     actions by the board of directors of that district are validated in
3-12     all respects.  All the resolutions, orders, and other acts or
3-13     attempted acts of the board of directors of the Upper Trinity
3-14     Regional Water District and all elections, contracts, issuances of
3-15     bonds or other obligations, and payments of the district are valid
3-16     as though they originally had been legally authorized or
3-17     accomplished.
3-18           SECTION 4.  Section 3 of this Act does not apply to or affect
3-19     litigation pending on the effective date of this Act in any court
3-20     of competent jurisdiction in this state to which the district is a
3-21     party.
3-22           SECTION 5.  (a)  The proper and legal notice of the intention
3-23     to introduce this Act, setting forth the general substance of this
3-24     Act, has been published as provided by law, and the notice and a
3-25     copy of this Act have been furnished to all persons, agencies,
3-26     officials, or entities to which they are required to be furnished
3-27     by the constitution and other laws of this state, including the
 4-1     governor, who has submitted the notice and Act to the Texas Natural
 4-2     Resource Conservation Commission.
 4-3           (b)  The Texas Natural Resource Conservation Commission has
 4-4     filed its recommendations relating to this Act with the governor,
 4-5     lieutenant governor, and speaker of the house of representatives
 4-6     within the required time.
 4-7           (c)  All requirements of the constitution and laws of this
 4-8     state and the rules and procedures of the legislature with respect
 4-9     to the notice, introduction, and passage of this Act are fulfilled
4-10     and accomplished.
4-11           SECTION 6.  The importance of this legislation and the
4-12     crowded condition of the calendars in both houses create an
4-13     emergency and an imperative public necessity that the
4-14     constitutional rule requiring bills to be read on three several
4-15     days in each house be suspended, and this rule is hereby suspended,
4-16     and that this Act take effect and be in force from and after its
4-17     passage, and it is so enacted.