1-1 By: Hilbert (Senate Sponsor - Lindsay) H.B. No. 1110
1-2 (In the Senate - Received from the House March 22, 2001;
1-3 March 26, 2001, read first time and referred to Committee on
1-4 Natural Resources; May 10, 2001, reported favorably by the
1-5 following vote: Yeas 4, Nays 0; May 10, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the North Harris County Regional Water Authority.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 1.02, Chapter 1029, Acts of the 76th
1-11 Legislature, Regular Session, 1999, is amended by adding
1-12 Subdivision (12) to read as follows:
1-13 (12) "Groundwater reduction plan" means a plan adopted
1-14 or implemented to supply water, reduce reliance on groundwater,
1-15 regulate groundwater pumping and water usage, or require and
1-16 allocate water usage among persons in order to comply with or
1-17 exceed the minimum requirements imposed by the subsidence district,
1-18 including any applicable groundwater reduction requirements.
1-19 SECTION 2. Section 1.03, Chapter 1029, Acts of the 76th
1-20 Legislature, Regular Session, 1999, is amended by adding Subsection
1-21 (e) to read as follows:
1-22 (e) Notwithstanding Subsections (a) and (b) of this section,
1-23 the authority does not include the territory of a district
1-24 organized under Section 52, Article III, or Section 59, Article
1-25 XVI, Texas Constitution, located within the area described by
1-26 Subsections (a) and (b) of this section only if the territory meets
1-27 both of the following criteria:
1-28 (1) any portion of the territory of the district was
1-29 located outside the area described by Subsections (a) and (b) of
1-30 this section on the effective date of this Act; and
1-31 (2) the district does not own, lease, or receive water
1-32 for nonemergency purposes from a well located within the area
1-33 described by Subsections (a) and (b) of this section.
1-34 SECTION 3. Chapter 1029, Acts of the 76th Legislature,
1-35 Regular Session, 1999, is amended by adding Section 1.045 to read
1-36 as follows:
1-37 Sec. 1.045. INCLUSION OF CERTAIN TERRITORY. (a) The board
1-38 of directors of a district organized under Section 52, Article III,
1-39 or Section 59, Article XVI, Texas Constitution, all or part of
1-40 which is not included within the boundaries of the authority under
1-41 Section 1.03 of this Act, may request by petition the inclusion of
1-42 its territory in the authority's territory. The petition must:
1-43 (1) be filed with the authority; and
1-44 (2) include an accurate legal description of the
1-45 boundaries of the territory to be included.
1-46 (b) If the authority has bonds, notes, or other obligations
1-47 outstanding, the board shall require the petitioning district to
1-48 assume its share of the outstanding bonds, notes, or other
1-49 obligations.
1-50 (c) Before the 61st day after the date the authority
1-51 receives the petition, the board shall hold a hearing to consider
1-52 the petition. The board may grant the petition and order the
1-53 territory described in the petition included in the authority's
1-54 territory if:
1-55 (1) it is feasible, practicable, and to the advantage
1-56 of the authority; and
1-57 (2) the authority's system and other improvements of
1-58 the authority are sufficient or will be sufficient to supply the
1-59 added territory without injuring the territory already included in
1-60 the authority.
1-61 (d) If the board grants the petition, the board shall file
1-62 for recording in the office of the county clerk of Harris County:
1-63 (1) a copy of the order; and
1-64 (2) a description of the authority's boundaries as
2-1 they exist after the inclusion of the territory.
2-2 (e) The order including the territory is effective
2-3 immediately after the order and description are recorded.
2-4 (f) A district that petitions before January 1, 2002, for
2-5 inclusion within the territory of the authority shall not be
2-6 required to pay any fee to the authority for admission or
2-7 reimbursement for activities the authority has undertaken since its
2-8 creation in the furtherance of its duties and functions. A
2-9 district that petitions for inclusion within the territory of the
2-10 authority on or after January 1, 2002, shall be subject to such
2-11 fees and reimbursements as are in effect at the time of such
2-12 petition and are applicable to such petitioners.
2-13 SECTION 4. Section 4.01, Chapter 1029, Acts of the 76th
2-14 Legislature, Regular Session, 1999, is amended by amending
2-15 Subsection (b) and adding Subsections (e) through (h) to read as
2-16 follows:
2-17 (b) The authority may:
2-18 (1) provide for the conservation, preservation,
2-19 protection, recharge, and prevention of waste of groundwater[, and
2-20 for the reduction of groundwater withdrawals,] in a manner
2-21 consistent with the purposes of Section 59, Article XVI, Texas
2-22 Constitution;
2-23 (2) for the purposes of reducing groundwater
2-24 withdrawals and subsidence, acquire or develop surface water and
2-25 groundwater supplies from sources inside of or outside of the
2-26 boundaries of the authority and may conserve, store, transport,
2-27 treat, purify, distribute, sell, and deliver water to persons,
2-28 corporations, municipal corporations, political subdivisions of the
2-29 state, and others, inside of and outside of the boundaries of the
2-30 authority;
2-31 (3) enter into contracts with persons, including
2-32 political subdivisions of the state, on terms and conditions the
2-33 board considers desirable, fair, and advantageous for the
2-34 performance of its rights, powers, and authority under this Act;
2-35 (4) coordinate water services provided inside of,
2-36 outside of, or into the authority; [and]
2-37 (5) provide for the reduction of groundwater
2-38 withdrawals by the development, implementation, or enforcement of a
2-39 groundwater reduction plan as provided in Subsection (e) of this
2-40 section;
2-41 (6) identify sources of water other than groundwater
2-42 to be provided by the authority;
2-43 (7) specify the rates, terms, and conditions under
2-44 which sources of water other than groundwater will be provided by
2-45 the authority, which may be changed from time to time as deemed
2-46 necessary by the authority;
2-47 (8) specify the dates and extent to which each person
2-48 or district within the authority's boundaries shall accept water
2-49 from the authority; and
2-50 (9) administer and enforce the provisions of the Act.
2-51 (e) The authority may develop, implement, participate in,
2-52 and enforce a groundwater reduction plan. A groundwater reduction
2-53 plan developed, implemented, participated in, or enforced by the
2-54 authority shall be binding on persons, districts, entities, and
2-55 wells within the authority's boundaries.
2-56 (f) The authority may contract on such terms as are mutually
2-57 agreeable with any person or district located outside the authority
2-58 to allow the person or district to be included in the authority's
2-59 groundwater reduction plan. Such contracts shall have the same
2-60 force and effect as if the person or district were located within
2-61 the authority, except that the person or district shall not have
2-62 the right to vote in elections for members of the board of the
2-63 authority.
2-64 (g) The plan authorized by Subsection (e) of this section
2-65 may be amended from time to time at the discretion of the authority
2-66 subject to the requirements and procedures of the subsidence
2-67 district applicable to the amendment of groundwater reduction
2-68 plans.
2-69 (h) The groundwater reduction plan developed by the
3-1 authority may exceed the minimum requirements imposed by the
3-2 subsidence district, including without limitation any applicable
3-3 groundwater reduction requirements.
3-4 SECTION 5. Section 4.08, Chapter 1029, Acts of the 76th
3-5 Legislature, Regular Session, 1999, is amended to read as follows:
3-6 Sec. 4.08. EMINENT DOMAIN. (a) The authority may exercise
3-7 the power of eminent domain inside the boundaries of the authority
3-8 [in the manner provided in Chapter 21, Property Code,] to acquire
3-9 property of any kind to further the authorized purposes of the
3-10 authority[. The authority may not exercise the power of eminent
3-11 domain outside of the boundaries of the authority].
3-12 (b)(1) The authority may exercise the power of eminent
3-13 domain outside the boundaries of the authority to acquire any land,
3-14 easements, or other property for purposes of pumping, treating,
3-15 storing, and transporting water.
3-16 (2) The authority may not use the power of eminent
3-17 domain granted by Subsection (b)(1) of this section for the
3-18 condemnation of land for the purpose of acquiring rights to
3-19 underground water or water or water rights.
3-20 (3) The authority may not use the power of eminent
3-21 domain granted by Subsection (b)(1) of this section to acquire
3-22 property of any kind that is:
3-23 (A) owned by a municipality with a population of
3-24 1.6 million or more or any instrumentality of a municipality with a
3-25 population of 1.6 million or more, including any local government
3-26 corporation created by the municipality; or
3-27 (B) located within the corporate boundaries of a
3-28 municipality with a population of 1.6 million or more for limited
3-29 or general purposes as of February 1, 2001.
3-30 (4) Notwithstanding Subsection (b)(3)(B) of this
3-31 section, the authority may use the power of eminent domain granted
3-32 by Subsection (b)(1) of this section to acquire property:
3-33 (A) within the corporate boundaries of a
3-34 municipality with a population of 1.6 million or more if:
3-35 (i) the condemnation is to be used to
3-36 provide facilities between two points that are within the
3-37 authority; and
3-38 (ii) the area within the municipality is
3-39 bounded by a line parallel to and 150 feet north of the north side
3-40 of Greens Bayou and by a line parallel to and 150 feet south of the
3-41 south side of Greens Bayou;
3-42 (B) that is within the corporate boundaries of
3-43 a municipality with a population of 1.6 million and annexation of
3-44 the territory by the municipality was completed between January 1,
3-45 1962, and January 1, 1964; or
3-46 (C) that is within an area of the corporate
3-47 boundaries of a municipality with a population of 1.6 million or
3-48 more if the municipality grants permission for such condemnation.
3-49 (c) The power of eminent domain granted by Subsections (a)
3-50 and (b) of this section shall be exercised in the manner provided
3-51 in Chapter 21, Property Code, except that the authority shall not
3-52 be required to give bond for appeal or bond for costs in any
3-53 condemnation suit, or other suit to which it is a party, and shall
3-54 not be required to deposit more than the amount of any award in any
3-55 suit.
3-56 (d) When exercising the power of eminent domain granted by
3-57 Subsections (a) and (b) of this section, the authority may elect to
3-58 condemn either the fee simple or a lesser property interest.
3-59 (e) The authority may not exercise the power of eminent
3-60 domain granted by Subsections (a) and (b) of this section to
3-61 acquire property of any kind in a county that:
3-62 (1) has a population of more than 245,000;
3-63 (2) borders the Gulf of Mexico; and
3-64 (3) is adjacent to a county with a population of more
3-65 than 1.6 million.
3-66 SECTION 6. Section 4.12(b), Chapter 1029, Acts of the 76th
3-67 Legislature, Regular Session, 1999, is amended to read as follows:
3-68 (b) Disbursements of the authority must be signed by at
3-69 least two directors, except, notwithstanding any other law, the
4-1 board by resolution may allow the general manager, treasurer,
4-2 bookkeeper, or other employee of the authority to sign
4-3 disbursements.
4-4 SECTION 7. Article 4, Chapter 1029, Acts of the 76th
4-5 Legislature, Regular Session, 1999, is amended by adding Section
4-6 4.14 to read as follows:
4-7 Sec. 4.14. INCLUDED DISTRICTS. A district inside of the
4-8 authority's boundaries retains its separate identity, powers, and
4-9 duties, except that the district is subject to the powers and
4-10 duties of the authority, including those powers and duties of the
4-11 authority necessary to develop, implement, and enforce a
4-12 groundwater reduction plan.
4-13 SECTION 8. Section 1.04, Chapter 1029, Acts of the 76th
4-14 Legislature, Regular Session, 1999, is repealed.
4-15 SECTION 9. This Act takes effect immediately if it receives
4-16 a vote of two-thirds of all the members elected to each house, as
4-17 provided by Section 39, Article III, Texas Constitution. If this
4-18 Act does not receive the vote necessary for immediate effect, this
4-19 Act takes effect September 1, 2001.
4-20 * * * * *