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