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.