By Hilbert H.B. No. 1110
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the North Harris County Regional Water Authority.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1.02, Chapter 1029, Acts of the 76th
1-5 Legislature, Regular Session, 1999, is amended by adding
1-6 Subdivision (12) to read as follows:
1-7 (12) "Groundwater reduction plan" means a plan adopted
1-8 or implemented to supply water, reduce reliance on groundwater,
1-9 regulate groundwater pumping and water usage, or require and
1-10 allocate water usage among persons in order to comply with or
1-11 exceed the minimum requirements imposed by the subsidence district,
1-12 including any applicable groundwater reduction requirements.
1-13 SECTION 2. Section 1.03, Chapter 1029, Acts of the 76th
1-14 Legislature, Regular Session, 1999, is amended by adding Subsection
1-15 (e) to read as follows:
1-16 (e) Notwithstanding Subsections (a) and (b) of this section,
1-17 the authority does not include the territory of a district
1-18 organized under Section 52, Article III, or Section 59, Article
1-19 XVI, Texas Constitution, located within the area described by
1-20 Subsections (a) and (b) of this section only if the territory meets
1-21 both of the following criteria:
1-22 (1) any portion of the territory of the district was
1-23 located outside the area described by Subsections (a) and (b) of
1-24 this section on the effective date of this Act; and
2-1 (2) the district does not own, lease, or receive water
2-2 for nonemergency purposes from a well located within the area
2-3 described by Subsections (a) and (b) of this section.
2-4 SECTION 3. Chapter 1029, Acts of the 76th Legislature,
2-5 Regular Session, 1999, is amended by adding Section 1.045 to read
2-6 as follows:
2-7 Sec. 1.045. INCLUSION OF CERTAIN TERRITORY. (a) The board
2-8 of directors of a district organized under Section 52, Article III,
2-9 or Section 59, Article XVI, Texas Constitution, all or part of
2-10 which is not included within the boundaries of the authority under
2-11 Section 1.03 of this Act, may request by petition the inclusion of
2-12 its territory in the authority's territory. The petition must:
2-13 (1) be filed with the authority; and
2-14 (2) include an accurate legal description of the
2-15 boundaries of the territory to be included.
2-16 (b) If the authority has bonds, notes, or other obligations
2-17 outstanding, the board shall require the petitioning district to
2-18 assume its share of the outstanding bonds, notes, or other
2-19 obligations.
2-20 (c) Before the 61st day after the date the authority
2-21 receives the petition, the board shall hold a hearing to consider
2-22 the petition. The board may grant the petition and order the
2-23 territory described in the petition included in the authority's
2-24 territory if:
2-25 (1) it is feasible, practicable, and to the advantage
2-26 of the authority; and
2-27 (2) the authority's system and other improvements of
3-1 the authority are sufficient or will be sufficient to supply the
3-2 added territory without injuring the territory already included in
3-3 the authority.
3-4 (d) If the board grants the petition, the board shall file
3-5 for recording in the office of the county clerk of Harris County:
3-6 (1) a copy of the order; and
3-7 (2) a description of the authority's boundaries as
3-8 they exist after the inclusion of the territory.
3-9 (e) The order including the territory is effective
3-10 immediately after the order and description are recorded.
3-11 (f) A district that petitions before January 1, 2002, for
3-12 inclusion within the territory of the authority shall not be
3-13 required to pay any fee to the authority for admission or
3-14 reimbursement for activities the authority has undertaken since its
3-15 creation in the furtherance of its duties and functions. A
3-16 district that petitions for inclusion within the territory of the
3-17 authority on or after January 1, 2002, shall be subject to such
3-18 fees and reimbursements as are in effect at the time of such
3-19 petition and are applicable to such petitioners.
3-20 SECTION 4. Section 4.01, Chapter 1029, Acts of the 76th
3-21 Legislature, Regular Session, 1999, is amended by amending
3-22 Subsection (b) and adding Subsections (e) through (h) to read as
3-23 follows:
3-24 (b) The authority may:
3-25 (1) provide for the conservation, preservation,
3-26 protection, recharge, and prevention of waste of groundwater[, and
3-27 for the reduction of groundwater withdrawals,] in a manner
4-1 consistent with the purposes of Section 59, Article XVI, Texas
4-2 Constitution;
4-3 (2) for the purposes of reducing groundwater
4-4 withdrawals and subsidence, acquire or develop surface water and
4-5 groundwater supplies from sources inside of or outside of the
4-6 boundaries of the authority and may conserve, store, transport,
4-7 treat, purify, distribute, sell, and deliver water to persons,
4-8 corporations, municipal corporations, political subdivisions of the
4-9 state, and others, inside of and outside of the boundaries of the
4-10 authority;
4-11 (3) enter into contracts with persons, including
4-12 political subdivisions of the state, on terms and conditions the
4-13 board considers desirable, fair, and advantageous for the
4-14 performance of its rights, powers, and authority under this Act;
4-15 (4) coordinate water services provided inside of,
4-16 outside of, or into the authority; [and]
4-17 (5) provide for the reduction of groundwater
4-18 withdrawals by the development, implementation, or enforcement of a
4-19 groundwater reduction plan as provided in Subsection (e) of this
4-20 section;
4-21 (6) identify sources of water other than groundwater
4-22 to be provided by the authority;
4-23 (7) specify the rates, terms, and conditions under
4-24 which sources of water other than groundwater will be provided by
4-25 the authority, which may be changed from time to time as deemed
4-26 necessary by the authority;
4-27 (8) specify the dates and extent to which each person
5-1 or district within the authority's boundaries shall accept water
5-2 from the authority; and
5-3 (9) administer and enforce the provisions of the Act.
5-4 (e) The authority may develop, implement, participate in,
5-5 and enforce a groundwater reduction plan. A groundwater reduction
5-6 plan developed, implemented, participated in, or enforced by the
5-7 authority shall be binding on persons, districts, entities, and
5-8 wells within the authority's boundaries.
5-9 (f) The authority may contract on such terms as are mutually
5-10 agreeable with any person or district located outside the authority
5-11 to allow the person or district to be included in the authority's
5-12 groundwater reduction plan. Such contracts shall have the same
5-13 force and effect as if the person or district were located within
5-14 the authority, except that the person or district shall not have
5-15 the right to vote in elections for members of the board of the
5-16 authority.
5-17 (g) The plan authorized by Subsection (e) of this section
5-18 may be amended from time to time at the discretion of the authority
5-19 subject to the requirements and procedures of the subsidence
5-20 district applicable to the amendment of groundwater reduction
5-21 plans.
5-22 (h) The groundwater reduction plan developed by the
5-23 authority may exceed the minimum requirements imposed by the
5-24 subsidence district, including without limitation any applicable
5-25 groundwater reduction requirements.
5-26 SECTION 5. Section 4.08, Chapter 1029, Acts of the 76th
5-27 Legislature, Regular Session, 1999, is amended to read as follows:
6-1 Sec. 4.08. EMINENT DOMAIN. (a) The authority may exercise
6-2 the power of eminent domain inside the boundaries of the authority
6-3 [in the manner provided in Chapter 21, Property Code,] to acquire
6-4 property of any kind to further the authorized purposes of the
6-5 authority[. The authority may not exercise the power of eminent
6-6 domain outside of the boundaries of the authority].
6-7 (b)(1) The authority may exercise the power of eminent
6-8 domain outside the boundaries of the authority to acquire any land,
6-9 easements, or other property for purposes of pumping, treating,
6-10 storing, and transporting water.
6-11 (2) The authority may not use the power of eminent
6-12 domain granted by Subsection (b)(1) of this section for the
6-13 condemnation of land for the purpose of acquiring rights to
6-14 underground water or water or water rights.
6-15 (3) The authority may not use the power of eminent
6-16 domain granted by Subsection (b)(1) of this section to acquire
6-17 property of any kind that is:
6-18 (A) owned by a municipality with a population of
6-19 1.6 million or more or any instrumentality of a municipality with a
6-20 population of 1.6 million or more, including any local government
6-21 corporation created by the municipality; or
6-22 (B) located within the corporate boundaries of a
6-23 municipality with a population of 1.6 million or more for limited
6-24 or general purposes as of February 1, 2001.
6-25 (4) Notwithstanding Subsection (b)(3)(B) of this
6-26 section, the authority may use the power of eminent domain granted
6-27 by Subsection (b)(1) of this section to acquire property:
7-1 (A) within the corporate boundaries of a
7-2 municipality with a population of 1.6 million or more if:
7-3 (i) the condemnation is to be used to
7-4 provide facilities between two points that are within the
7-5 authority; and
7-6 (ii) the area within the municipality is
7-7 bounded by a line parallel to and 150 feet north of the north side
7-8 of Greens Bayou and by a line parallel to and 150 feet south of the
7-9 south side of Greens Bayou;
7-10 (B) that is within the corporate boundaries of
7-11 a municipality with a population of 1.6 million and annexation of
7-12 the territory by the municipality was completed between January 1,
7-13 1962, and January 1, 1964; or
7-14 (C) that is within an area of the corporate
7-15 boundaries of a municipality with a population of 1.6 million or
7-16 more if the municipality grants permission for such condemnation.
7-17 (c) The power of eminent domain granted by Subsections (a)
7-18 and (b) of this section shall be exercised in the manner provided
7-19 in Chapter 21, Property Code, except that the authority shall not
7-20 be required to give bond for appeal or bond for costs in any
7-21 condemnation suit, or other suit to which it is a party, and shall
7-22 not be required to deposit more than the amount of any award in any
7-23 suit.
7-24 (d) When exercising the power of eminent domain granted by
7-25 Subsections (a) and (b) of this section, the authority may elect to
7-26 condemn either the fee simple or a lesser property interest.
7-27 (e) The authority may not exercise the power of eminent
8-1 domain granted by Subsections (a) and (b) of this section to
8-2 acquire property of any kind in a county that:
8-3 (1) has a population of more than 245,000;
8-4 (2) borders the Gulf of Mexico; and
8-5 (3) is adjacent to a county with a population of more
8-6 than 1.6 million.
8-7 SECTION 6. Section 4.12(b), Chapter 1029, Acts of the 76th
8-8 Legislature, Regular Session, 1999, is amended to read as follows:
8-9 (b) Disbursements of the authority must be signed by at
8-10 least two directors, except, notwithstanding any other law, the
8-11 board by resolution may allow the general manager, treasurer,
8-12 bookkeeper, or other employee of the authority to sign
8-13 disbursements.
8-14 SECTION 7. Article 4, Chapter 1029, Acts of the 76th
8-15 Legislature, Regular Session, 1999, is amended by adding Section
8-16 4.14 to read as follows:
8-17 Sec. 4.14. INCLUDED DISTRICTS. A district inside of the
8-18 authority's boundaries retains its separate identity, powers, and
8-19 duties, except that the district is subject to the powers and
8-20 duties of the authority, including those powers and duties of the
8-21 authority necessary to develop, implement, and enforce a
8-22 groundwater reduction plan.
8-23 SECTION 8. Section 1.04, Chapter 1029, Acts of the 76th
8-24 Legislature, Regular Session, 1999, is repealed.
8-25 SECTION 9. This Act takes effect immediately if it receives
8-26 a vote of two-thirds of all the members elected to each house, as
8-27 provided by Section 39, Article III, Texas Constitution. If this
9-1 Act does not receive the vote necessary for immediate effect, this
9-2 Act takes effect September 1, 2001.