S.B. 1227 78(R)    BILL ANALYSIS


S.B. 1227
By: Duncan
Natural Resources
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

When a political subdivision exercises eminent domain, Chapter 21 of the
Texas Property Code requires proof that the condemnation of a property is
necessary to fulfill a public purpose and that a voluntary purchase of the
property was not possible. The court will allow the condemnation to
proceed when it is satisfied that these two requirements have been met.
Some believe that the current law does not provide a high enough burden of
proof when a political subdivision moves to condemn water rights and ask
that the political subdivision demonstrate to the court reasonable
evidence that the condemnation was the only reasonable alternative to
secure water for the political subdivision. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

S.B. 1227 adds a new section to Chapter 21 of the Texas Property Code.
This new section will require a political subdivision condemning the
rights to groundwater or surface water to prove that they have: 1)
prepared a drought contingency plan; 2) developed and implemented a water
conservation plan that will result in the highest practicable levels of
water conservation and efficiency achievable in the political
subdivision's jurisdiction; 3) pursued the availability of other feasible
and practicable water supply alternatives; 4) made a bona fide good faith
effort to voluntarily buy or lease the water rights the political
subdivision proposes to condemn; and 5) made a showing that the political
subdivision needs the water to provide for the domestic needs of the
political subdivision within the next 10-year period. 

A court shall deny the right to condemn unless the political subdivision
submits proof to the court that the political subdivision has met the
requirements in SECTION 1 of the legislation. 

EFFECTIVE DATE

September 1, 2003