1-1 AN ACT
1-2 relating to the authority of a water district or water supply
1-3 corporation to require the grant of an easement as a precondition
1-4 of service.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 49.218, Water Code, is amended by adding
1-7 new Subsections (d), (e), and (f) and relettering existing
1-8 Subsection (d) as Subsection (g) to read as follows:
1-9 (d) A district or water supply corporation may require, as a
1-10 condition for service, that an applicant for service grant to the
1-11 district or water supply corporation a permanent recorded easement
1-12 that:
1-13 (1) is dedicated to the district or water supply
1-14 corporation; and
1-15 (2) will provide a reasonable right of access and use
1-16 to allow the district or water supply corporation to construct,
1-17 install, maintain, replace, upgrade, inspect, or test any facility
1-18 necessary to serve that applicant as well as the district's or
1-19 water supply corporation's purposes in providing system-wide
1-20 service.
1-21 (e) A district or water supply corporation may not, under
1-22 Subsection (d), require an applicant to provide an easement for a
1-23 service line for the sole benefit of another applicant.
1-24 (f) As a condition of service to a new subdivision, a
2-1 district or water supply corporation may require a developer to
2-2 provide permanent recorded easements to and throughout the
2-3 subdivision adequate for the construction, installation,
2-4 maintenance, replacement, upgrade, inspection, or test of any
2-5 facility necessary to serve the subdivision's anticipated service
2-6 demands when the subdivision is fully occupied.
2-7 (g) [(d)] A district or water supply corporation may also
2-8 lease property from others for its use on such terms and conditions
2-9 as the board of the district or the board of directors of the water
2-10 supply corporation may determine to be advantageous.
2-11 SECTION 2. (a) This Act takes effect September 1, 2001.
2-12 (b) The changes in law made by Sections 49.218(d), (e), and
2-13 (f), Water Code, as added by this Act, apply only to an application
2-14 for service that is made with a district or water supply
2-15 corporation on or after September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 924 was passed by the House on March
20, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 924 was passed by the Senate on May
1, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor