By Walker H.B. No. 924
77R4347 MI-F
A BILL TO BE ENTITLED
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) and (e) and relettering existing Subsection (d)
1-8 as Subsection (f) 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 other customers of the
1-19 district or water corporation.
1-20 (e) As a condition of service to a new subdivision, a
1-21 district or water supply corporation may require a developer to
1-22 provide permanent recorded easements to and throughout the
1-23 subdivision adequate for the construction, installation,
1-24 maintenance, replacement, upgrade, inspection, or test of any
2-1 facility necessary to serve the subdivision's anticipated service
2-2 demands when the subdivision is fully occupied.
2-3 (f) [(d)] A district or water supply corporation may also
2-4 lease property from others for its use on such terms and conditions
2-5 as the board of the district or the board of directors of the water
2-6 supply corporation may determine to be advantageous.
2-7 SECTION 2. (a) This Act takes effect September 1, 2001.
2-8 (b) The changes in law made by Sections 49.218(d) and (e),
2-9 Water Code, as added by this Act, apply only to an application for
2-10 service that is made with a district or water corporation on or
2-11 after September 1, 2001.