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 1.03, Chapter 1029, Acts of the 76th
1-5 Legislature, Regular Session, 1999, is amended by adding Subsection
1-6 (e) to read as follows:
1-7 (e) Notwithstanding Subsections (a) and (b), the authority
1-8 does not include the territory of a district organized under
1-9 Section 52, Article III, or Section 59, Article XVI, Texas
1-10 Constitution, located within the area described by Subsections (a)
1-11 and (b) if:
1-12 (1) any portion of the territory of the district was
1-13 located outside the area described by Subsections (a) and (b) on
1-14 the effective date of this Act; and,
1-15 (2) the district does not own, lease or receive water
1-16 from a well located within the area described by Subsections (a)
1-17 and (b).
1-18 SECTION 2. Chapter 1029, Acts of the 76th Legislature,
1-19 Regular Session, 1999, is amended by adding Section 1.045 to read
1-20 as follows:
1-21 Sec. 1,045 INCLUSION OF CERTAIN TERRITORY. (a) The board of
1-22 directors of a district organized under Section 52, Article III, or
1-23 Section 59, Article XVI, Texas Constitution, all or part of which
1-24 is not included within the boundaries of the authority under
2-1 Section 1.03 of the Act may request by petition the inclusion of
2-2 its territory in the authority's territory. The petition must:
2-3 (1) be filed with the authority; and
2-4 (2) include an accurate legal description of the
2-5 boundaries of the territory to be included.
2-6 (b) If the authority has bonds, notes, or other obligations
2-7 outstanding, the board shall require the petitioning district to
2-8 assume its share of the outstanding bonds, notes, or other
2-9 obligations.
2-10 (c) Before the 61st day after the date the authority
2-11 receives the petition, the board shall hold a hearing to consider
2-12 the petition. The board may grant the petition and order the
2-13 territory described in the petition included in the authority's
2-14 territory if:
2-15 (1) it is feasible, practicable, and to the advantage
2-16 of the authority; and
2-17 (2) the authority's system and other improvements of
2-18 the authority are sufficient or will be sufficient to supply the
2-19 added territory without injuring the territory already included in
2-20 the authority.
2-21 (d) If the board grants the petition, the board shall file
2-22 for recording in the office of the county Clerk of Harris County:
2-23 (1) a copy of the order; and
2-24 (2) a description of the authority's boundaries as
2-25 they exist after the inclusion of the territory.
2-26 (e) The order including the territory is effective
2-27 immediately after the order and description are recorded.
3-1 (f) A district that petitions before January 1, 2002, for
3-2 inclusion within the territory of the authority shall not be
3-3 required to pay any fee to the authority for admission or
3-4 reimbursement for activities the authority has undertaken since its
3-5 creation in the furtherance of its duties and functions. A
3-6 district that petitions for inclusion within the territory of the
3-7 authority on or after January 1, 2002, shall be subject to such
3-8 fees and reimbursements as are in effect at the time of such
3-9 petition and are applicable to such petitioners.
3-10 SECTION 3. Section 4.01, Chapter 1029, Acts of the 76th
3-11 Legislature, Regular Session, 1999, is amended by adding Subsection
3-12 (e) to read as follows:
3-13 (e) The authority shall develop and implement groundwater
3-14 reduction and water supply plans to reduce reliance on groundwater.
3-15 The plans shall:
3-16 (1) specify the measures to be taken to reduce
3-17 groundwater withdrawals;
3-18 (2) identify alternative sources of water to be
3-19 provided to those affected;
3-20 (3) the rates, terms and conditions under which such
3-21 water will be provided, which may be changed from time to time as
3-22 deemed necessary by the authority;
3-23 (4) specify the dates and extent to which each person
3-24 or district within the authority's boundaries shall reduce or cease
3-25 reliance on groundwater and accept water from the alternative
3-26 source;
3-27 (5) include such other measures as are consistent with
4-1 the powers and duties of the authority;
4-2 (6) be binding on persons, entities and wells within
4-3 the authority's boundaries; and
4-4 (7) be in effect no later than December 31, 2002.
4-5 (f) The authority may contract on such terms as are mutually
4-6 agreeable with any person or district located outside the authority
4-7 to allow the person or district to be included in the authority's
4-8 groundwater reduction and water supply plan. Such contracts shall
4-9 have the same force and effect as if the person or district were
4-10 located within the authority.
4-11 (g) The plan required by subsection (e) may be amended from
4-12 time to time at the discretion of the authority.
4-13 SECTION 4. Section 4.08, Chapter 1029, Acts of the 76th
4-14 Legislature, Regular Session, 1999, is amended to read as follows:
4-15 Sec. 4.08. EMINENT DOMAIN. The authority may exercise the
4-16 power of eminent domain in the manner provided in Chapter 21,
4-17 Property Code, to acquire property of any kind to further
4-18 authorized purposes of the authority. The authority may [not]
4-19 exercise the power of eminent domain inside or outside [of] the
4-20 boundaries of the authority.
4-21 SECTION 5. Subsection 4.12(b), Chapter 1029, Acts of the
4-22 76th Legislature, Regular Session, 1999, is amended to read as
4-23 follows:
4-24 (b) Disbursements of the authority must be signed by at
4-25 least two directors, except, notwithstanding any other law, the
4-26 board by resolution may allow the general manager, treasurer,
4-27 bookkeeper, or other employee of the authority to sign
5-1 disbursements.
5-2 SECTION 6. Article 4, Chapter 1029, Acts of the 76th
5-3 Legislature, Regular Session, 1999, is amended by adding Section
5-4 4.14 to read as follows:
5-5 Sec. 4.14. INCLUDED DISTRICTS. A district inside of the
5-6 authority's boundaries retains its separate identity, powers, and
5-7 duties, except that the district is subject to the powers and
5-8 duties of the authority, including the authority's power and duty
5-9 to develop and implement groundwater reduction and water supply
5-10 plans as provided by Section 4.01(e) of this Act.
5-11 SECTION 7. Section 1.04, Chapter 1029, Acts of the 76th
5-12 Legislature, Regular Session, 1999, is repealed.
5-13 SECTION 8. This Act takes effect immediately if it receives
5-14 a vote of two-thirds of all the members elected to each house, as
5-15 provided by Section 39, Article II, Texas Constitution. If this
5-16 Act does not receive the vote necessary for immediate effect, this
5-17 Act takes effect September 1, 2001.
5-18 SECTION 9. EMERGENCY. The importance of this legislation and
5-19 the crowded condition of the calendars in both houses create an
5-20 emergency and an imperative public necessity that the
5-21 constitutional rule requiring bills to be read on three several
5-22 days in each house be suspended, and this rule is hereby suspended,
5-23 and that this Act take effect and be in force and effect after its
5-24 passage, and it is so enacted.
5-25 COMMITTEE AMENDMENT NO. 1
5-26 Amend H.B. No. 1110 as follows:
5-27 On page 1, line 11, insert the words "for nonemergency
6-1 purposes" after the word "water" and before the word "from".
6-2 Counts