1-1 By: Geren (Senate Sponsor - Harris) H.B. No. 3636
1-2 (In the Senate - Received from the House April 23, 2001;
1-3 April 24, 2001, read first time and referred to Committee on
1-4 Natural Resources; May 7, 2001, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; May 7, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the validation of certain actions and proceedings and
1-9 to the administration, powers, duties, operation, and financing of
1-10 the Tarrant Regional Water District, a Water Control and
1-11 Improvement District; providing a civil penalty; creating a
1-12 criminal offense.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Chapter 268, Acts of the 55th Legislature, Regular
1-15 Session, 1957, is amended by amending Sections 1 and 15 and adding
1-16 Sections 16-22 to read as follows:
1-17 Sec. 1. This Act relates to the Tarrant Regional Water
1-18 District, a [County] Water Control and Improvement District [No.
1-19 1], hereinafter called "District."
1-20 Sec. 15. The board of directors shall authorize the sale of
1-21 the district's bonds, notes, or other obligations at either a
1-22 public or a private sale, as determined by the board. The district
1-23 has all of the powers granted by Chapter 1371, Government Code.
1-24 Any bonds, notes, or other obligations of the district that may be
1-25 authorized by the board shall be issued and sold in accordance with
1-26 Chapters 1201-1207, Government Code, as applicable [The fact that
1-27 additional sources of water are immediately and urgently needed in
1-28 the District creates an emergency and an imperative public
1-29 necessity requiring that the Constitutional Rule that bills be read
1-30 on three several days be suspended, and such Rule is hereby
1-31 suspended, and that this Act take effect from and after its
1-32 passage, and it is so enacted].
1-33 Sec. 16. Section 8 of this Act is affirmed, and the
1-34 provisions of this Act with reference to the issuance of bonds,
1-35 notes, and other obligations of the district are considered
1-36 complete, except as amended by Section 15 of this Act, and no
1-37 proceedings or approvals are required except those required by this
1-38 Act.
1-39 Sec. 17. (a) The district may make and enforce reasonable
1-40 rules, permits, orders, and ordinances necessary to accomplish the
1-41 district's authorized purposes, including:
1-42 (1) to secure and maintain safe, sanitary, and
1-43 adequate plumbing installations, connections, and appurtenances as
1-44 subsidiary parts of sanitary sewer systems;
1-45 (2) to preserve the sanitary condition of all land and
1-46 water controlled by the district;
1-47 (3) to prevent the waste or unauthorized use of water;
1-48 (4) to regulate residing, hunting, fishing, boating,
1-49 and camping, and all recreational and business privileges on any
1-50 body or stream of water, or any body of land, or any easement owned
1-51 or controlled by the district; and
1-52 (5) to regulate privileges on any land, easement, or
1-53 property interest adjoining a reservoir or other property of the
1-54 district to prevent activities on such adjoining land, easement, or
1-55 property interest that could adversely affect the purity of water
1-56 in this state.
1-57 (b) A person who violates a rule, permit, order, or
1-58 ordinance of the district commits an offense. An offense under
1-59 this section is a Class C misdemeanor, unless specifically provided
1-60 otherwise by law.
1-61 (c) A peace officer who arrests or issues a citation to a
1-62 person for a violation of a rule, permit, order, or ordinance of
1-63 the district may deliver to the alleged violator a written notice
1-64 to appear, not later than the 15th day after the date of the
2-1 notice, before a justice of the peace having jurisdiction over the
2-2 offense. The person arrested or cited shall sign the notice to
2-3 appear, promising to make an appearance in accordance with the
2-4 requirements set forth in the notice. After signing the notice, the
2-5 arrested person may be released. Failure to appear before the
2-6 justice of the peace having jurisdiction over the offense
2-7 constitutes a violation of the district's regulations. A warrant
2-8 for the arrest of the person failing to appear may be issued.
2-9 (d) A person who violates a rule, permit, order, or
2-10 ordinance of the district is subject to a civil penalty of not less
2-11 than $50 or more than $1,000 for each violation or each day of a
2-12 continuing violation.
2-13 (e) The district may sue for both injunctive relief and a
2-14 civil penalty in Tarrant County, in the county in which the
2-15 defendant resides, or in the county in which the violation or
2-16 threat of violation occurs. The court may grant to the district,
2-17 without bond or other undertaking, a prohibitory or mandatory
2-18 injunction as the facts warrant, including a temporary restraining
2-19 order, temporary injunction, or permanent injunction.
2-20 (f) A person who is adversely affected by a rule, permit,
2-21 order, ordinance, or act of the district may sue the district in
2-22 district court in Tarrant County to set aside the rule, permit,
2-23 order, ordinance, or act. The suit must be filed not later than
2-24 the 60th day after the date on which the rule, permit, order, or
2-25 ordinance takes effect or the act occurs.
2-26 Sec. 18. The district may provide for or participate in the
2-27 development, operation, or maintenance of recreational facilities
2-28 to the full extent authorized by Section 59, Article XVI, Texas
2-29 Constitution, the Water Code, or other applicable law.
2-30 Sec. 19. Narrow strips of land, or land that because of its
2-31 shape, lack of access to public roads, or small area, cannot be
2-32 logically used by anyone other than abutting property owners, may
2-33 be sold, abandoned, released, exchanged, or transferred to abutting
2-34 property owners under terms and conditions advantageous to the
2-35 district. Section 49.226(a), Water Code, and Chapter 272, Local
2-36 Government Code, do not apply to a conveyance of real property
2-37 under this section.
2-38 Sec. 20. (a) The district may cooperate and contract with
2-39 any person, this state, any other state, the United States, or any
2-40 district or political subdivision for:
2-41 (1) a supply of water imported from out of state;
2-42 (2) the financing and construction of works needed in
2-43 connection with the importation of water;
2-44 (3) the acquisition, purchase, extension, or operation
2-45 and maintenance of those works;
2-46 (4) the purchase of storage space; or
2-47 (5) any other consistent purpose.
2-48 (b) The district may cooperate and contract with an Indian
2-49 tribe, as that term is defined in Section 450b(e) of the Indian
2-50 Self-Determination and Education Assistance Act (25 U.S.C.
2-51 450b(e)), for any of the purposes listed in Subsection (a) of this
2-52 section, provided that any contract entered into under this
2-53 subsection complies with federal law.
2-54 (c) Contracts entered into under this section are exempt
2-55 from the requirements of Section 49.273, Water Code.
2-56 Sec. 21. Subchapter I, Chapter 49, Water Code, applies to the
2-57 district, except when the district is purchasing goods or services
2-58 described by Section 252.022, Local Government Code.
2-59 Sec. 22. (a) The district has all of the rights, powers,
2-60 privileges, authority, functions, and duties provided by the
2-61 general law of this state and has all of the power and authority
2-62 necessary to fully qualify for and gain the benefits of any and all
2-63 laws which are in any way helpful in carrying out the purposes for
2-64 which the district was created. The provisions of all laws of
2-65 which the district may lawfully avail itself are adopted by
2-66 reference and are applicable to the district to the extent they do
2-67 not conflict with this Act. To the extent the general laws may be
2-68 inconsistent or in conflict with this Act, the provisions of this
2-69 Act prevail.
3-1 (b) If a person challenges in court the validity of all or
3-2 any portion of this Act and does not prevail, the court shall order
3-3 the person to pay the reasonable attorney's fees, expert witness
3-4 fees, and other costs incurred by all opposing parties defending
3-5 this Act.
3-6 SECTION 2. (a) All actions and proceedings taken before the
3-7 effective date of this Act in annexing territory to the Tarrant
3-8 Regional Water District, a Water Control and Improvement District,
3-9 whether or not the territory is contiguous to the district and
3-10 whether or not the territory is contained within an incorporated
3-11 city wholly or partially located within the boundaries of the
3-12 district, are validated and that territory is declared to
3-13 constitute a part of the district. All acts of the board of
3-14 directors of the district in redefining the boundaries of the
3-15 district and the redefined boundaries are validated.
3-16 (b) The validation provisions of Subsection (a) do not apply
3-17 to any annexation or redefinition of boundaries that on the
3-18 effective date of this Act:
3-19 (1) is involved in litigation if the litigation
3-20 ultimately results in the annexation or redefinition being held
3-21 invalid by a final judgment of a court of competent jurisdiction;
3-22 or
3-23 (2) has been held invalid by a final judgment of a
3-24 court of competent jurisdiction.
3-25 SECTION 3. The change in law made by Section 17, Chapter 268,
3-26 Acts of the 55th Legislature, Regular Session, 1957, as added by
3-27 this Act, applies only to an offense committed on or after the
3-28 effective date of this Act. An offense is committed before the
3-29 effective date of this Act if any element of the offense occurs
3-30 before that date. An offense committed before the effective date
3-31 of this Act is governed by the law in effect when the offense was
3-32 committed, and the former law is continued in effect for that
3-33 purpose.
3-34 SECTION 4. This Act takes effect September 1, 2001.
3-35 * * * * *