1-1 AN ACT
1-2 relating to the validation of certain actions and proceedings and
1-3 to the administration, powers, duties, operation, and financing of
1-4 the Tarrant Regional Water District, a Water Control and
1-5 Improvement District; providing a civil penalty; creating a
1-6 criminal offense.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Chapter 268, Acts of the 55th Legislature, Regular
1-9 Session, 1957, is amended by amending Sections 1 and 15 and adding
1-10 Sections 16-22 to read as follows:
1-11 Sec. 1. This Act relates to the Tarrant Regional Water
1-12 District, a [County] Water Control and Improvement District [No.
1-13 1], hereinafter called "District."
1-14 Sec. 15. The board of directors shall authorize the sale of
1-15 the district's bonds, notes, or other obligations at either a
1-16 public or a private sale, as determined by the board. The district
1-17 has all of the powers granted by Chapter 1371, Government Code.
1-18 Any bonds, notes, or other obligations of the district that may be
1-19 authorized by the board shall be issued and sold in accordance with
1-20 Chapters 1201-1207, Government Code, as applicable [The fact that
1-21 additional sources of water are immediately and urgently needed in
1-22 the District creates an emergency and an imperative public
1-23 necessity requiring that the Constitutional Rule that bills be read
1-24 on three several days be suspended, and such Rule is hereby
2-1 suspended, and that this Act take effect from and after its
2-2 passage, and it is so enacted].
2-3 Sec. 16. Section 8 of this Act is affirmed, and the
2-4 provisions of this Act with reference to the issuance of bonds,
2-5 notes, and other obligations of the district are considered
2-6 complete, except as amended by Section 15 of this Act, and no
2-7 proceedings or approvals are required except those required by this
2-8 Act.
2-9 Sec. 17. (a) The district may make and enforce reasonable
2-10 rules, permits, orders, and ordinances necessary to accomplish the
2-11 district's authorized purposes, including:
2-12 (1) to secure and maintain safe, sanitary, and
2-13 adequate plumbing installations, connections, and appurtenances as
2-14 subsidiary parts of sanitary sewer systems;
2-15 (2) to preserve the sanitary condition of all land and
2-16 water controlled by the district;
2-17 (3) to prevent the waste or unauthorized use of water;
2-18 (4) to regulate residing, hunting, fishing, boating,
2-19 and camping, and all recreational and business privileges on any
2-20 body or stream of water, or any body of land, or any easement owned
2-21 or controlled by the district; and
2-22 (5) to regulate privileges on any land, easement, or
2-23 property interest adjoining a reservoir or other property of the
2-24 district to prevent activities on such adjoining land, easement, or
2-25 property interest that could adversely affect the purity of water
2-26 in this state.
2-27 (b) A person who violates a rule, permit, order, or
3-1 ordinance of the district commits an offense. An offense under
3-2 this section is a Class C misdemeanor, unless specifically provided
3-3 otherwise by law.
3-4 (c) A peace officer who arrests or issues a citation to a
3-5 person for a violation of a rule, permit, order, or ordinance of
3-6 the district may deliver to the alleged violator a written notice
3-7 to appear, not later than the 15th day after the date of the
3-8 notice, before a justice of the peace having jurisdiction over the
3-9 offense. The person arrested or cited shall sign the notice to
3-10 appear, promising to make an appearance in accordance with the
3-11 requirements set forth in the notice. After signing the notice, the
3-12 arrested person may be released. Failure to appear before the
3-13 justice of the peace having jurisdiction over the offense
3-14 constitutes a violation of the district's regulations. A warrant
3-15 for the arrest of the person failing to appear may be issued.
3-16 (d) A person who violates a rule, permit, order, or
3-17 ordinance of the district is subject to a civil penalty of not less
3-18 than $50 or more than $1,000 for each violation or each day of a
3-19 continuing violation.
3-20 (e) The district may sue for both injunctive relief and a
3-21 civil penalty in Tarrant County, in the county in which the
3-22 defendant resides, or in the county in which the violation or
3-23 threat of violation occurs. The court may grant to the district,
3-24 without bond or other undertaking, a prohibitory or mandatory
3-25 injunction as the facts warrant, including a temporary restraining
3-26 order, temporary injunction, or permanent injunction.
3-27 (f) A person who is adversely affected by a rule, permit,
4-1 order, ordinance, or act of the district may sue the district in
4-2 district court in Tarrant County to set aside the rule, permit,
4-3 order, ordinance, or act. The suit must be filed not later than
4-4 the 60th day after the date on which the rule, permit, order, or
4-5 ordinance takes effect or the act occurs.
4-6 Sec. 18. The district may provide for or participate in the
4-7 development, operation, or maintenance of recreational facilities
4-8 to the full extent authorized by Section 59, Article XVI, Texas
4-9 Constitution, the Water Code, or other applicable law.
4-10 Sec. 19. Narrow strips of land, or land that because of its
4-11 shape, lack of access to public roads, or small area, cannot be
4-12 logically used by anyone other than abutting property owners, may
4-13 be sold, abandoned, released, exchanged, or transferred to abutting
4-14 property owners under terms and conditions advantageous to the
4-15 district. Section 49.226(a), Water Code, and Chapter 272, Local
4-16 Government Code, do not apply to a conveyance of real property
4-17 under this section.
4-18 Sec. 20. (a) The district may cooperate and contract with
4-19 any person, this state, any other state, the United States, or any
4-20 district or political subdivision for:
4-21 (1) a supply of water imported from out of state;
4-22 (2) the financing and construction of works needed in
4-23 connection with the importation of water;
4-24 (3) the acquisition, purchase, extension, or operation
4-25 and maintenance of those works;
4-26 (4) the purchase of storage space; or
4-27 (5) any other consistent purpose.
5-1 (b) The district may cooperate and contract with an Indian
5-2 tribe, as that term is defined in Section 450b(e) of the Indian
5-3 Self-Determination and Education Assistance Act (25 U.S.C.
5-4 450b(e)), for any of the purposes listed in Subsection (a) of this
5-5 section, provided that any contract entered into under this
5-6 subsection complies with federal law.
5-7 (c) Contracts entered into under this section are exempt
5-8 from the requirements of Section 49.273, Water Code.
5-9 Sec. 21. Subchapter I, Chapter 49, Water Code, applies to the
5-10 district, except when the district is purchasing goods or services
5-11 described by Section 252.022, Local Government Code.
5-12 Sec. 22. (a) The district has all of the rights, powers,
5-13 privileges, authority, functions, and duties provided by the
5-14 general law of this state and has all of the power and authority
5-15 necessary to fully qualify for and gain the benefits of any and all
5-16 laws which are in any way helpful in carrying out the purposes for
5-17 which the district was created. The provisions of all laws of
5-18 which the district may lawfully avail itself are adopted by
5-19 reference and are applicable to the district to the extent they do
5-20 not conflict with this Act. To the extent the general laws may be
5-21 inconsistent or in conflict with this Act, the provisions of this
5-22 Act prevail.
5-23 (b) If a person challenges in court the validity of all or
5-24 any portion of this Act and does not prevail, the court shall order
5-25 the person to pay the reasonable attorney's fees, expert witness
5-26 fees, and other costs incurred by all opposing parties defending
5-27 this Act.
6-1 SECTION 2. (a) All actions and proceedings taken before the
6-2 effective date of this Act in annexing territory to the Tarrant
6-3 Regional Water District, a Water Control and Improvement District,
6-4 whether or not the territory is contiguous to the district and
6-5 whether or not the territory is contained within an incorporated
6-6 city wholly or partially located within the boundaries of the
6-7 district, are validated and that territory is declared to
6-8 constitute a part of the district. All acts of the board of
6-9 directors of the district in redefining the boundaries of the
6-10 district and the redefined boundaries are validated.
6-11 (b) The validation provisions of Subsection (a) do not apply
6-12 to any annexation or redefinition of boundaries that on the
6-13 effective date of this Act:
6-14 (1) is involved in litigation if the litigation
6-15 ultimately results in the annexation or redefinition being held
6-16 invalid by a final judgment of a court of competent jurisdiction;
6-17 or
6-18 (2) has been held invalid by a final judgment of a
6-19 court of competent jurisdiction.
6-20 SECTION 3. The change in law made by Section 17, Chapter 268,
6-21 Acts of the 55th Legislature, Regular Session, 1957, as added by
6-22 this Act, applies only to an offense committed on or after the
6-23 effective date of this Act. An offense is committed before the
6-24 effective date of this Act if any element of the offense occurs
6-25 before that date. An offense committed before the effective date
6-26 of this Act is governed by the law in effect when the offense was
6-27 committed, and the former law is continued in effect for that
7-1 purpose.
7-2 SECTION 4. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3636 was passed by the House on April
20, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3636 was passed by the Senate on May
15, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor