1-1 By: Armbrister S.B. No. 821 1-2 (In the Senate - Filed March 2, 1999; March 4, 1999, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 6, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 6, Nays 0; April 6, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 821 By: Armbrister 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the authority of a county to operate a water or sewer 1-11 utility system; granting the power of eminent domain and the 1-12 authority to issue bonds. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Subchapter B, Chapter 412, Local Government Code, 1-15 is amended by adding Section 412.016 to read as follows: 1-16 Sec. 412.016. COUNTY WATER AND SEWER SYSTEM. (a) A county 1-17 may acquire, own, or operate a water or sewer utility system to 1-18 serve an unincorporated area of the county in the same manner and 1-19 under the same regulations as a municipality under Chapter 402. 1-20 The county must comply with all provisions of Chapter 13, Water 1-21 Code, that apply to a municipality. 1-22 (b) To finance the water or sewer utility system, a county 1-23 may issue bonds payable solely from the revenue generated by the 1-24 water or sewer utility system. A bond issued under this section is 1-25 not a debt of the county but is only a charge on the revenues 1-26 pledged and is not considered in determining the ability of the 1-27 county to issue bonds for any other purpose authorized by law. 1-28 This subsection does not authorize the issuance of general 1-29 obligation bonds payable from ad valorem taxes to finance a water 1-30 or sewer utility system. 1-31 (c) A county may acquire any interest in property necessary 1-32 to operate a system authorized by this section through any means 1-33 available to the county, including eminent domain. A county may 1-34 not use eminent domain under this subsection to acquire property in 1-35 a municipality. 1-36 SECTION 2. The importance of this legislation and the 1-37 crowded condition of the calendars in both houses create an 1-38 emergency and an imperative public necessity that the 1-39 constitutional rule requiring bills to be read on three several 1-40 days in each house be suspended, and this rule is hereby suspended, 1-41 and that this Act take effect and be in force from and after its 1-42 passage, and it is so enacted. 1-43 * * * * *