78R9802 RCJ-F
By: Callegari H.B. No. 1540
Substitute the following for H.B. No. 1540:
By: Campbell C.S.H.B. No. 1540
A BILL TO BE ENTITLED
AN ACT
relating to the general powers and authority of the West Harris
County Regional Water Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.03(b), Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
(b) In addition to the territory described by Subsection (a)
of this section, the authority includes [include] all territory in
Fort Bend County of any district or municipality the territory of
which includes, on the effective date of this Act, any of the
territory described by Subsection (a) of this section, regardless
of whether the territory contains noncontiguous parcels of land.
SECTION 2. Section 1.05, Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, is amended by adding Subsection
(e) to read as follows:
(e) The territory contained in the following areas is
excluded from the authority:
TRACT 1
Being a 0.768 acre (33,462 square feet) tract or parcel of land out
of the Thomas Nellis Survey, Abstract 605, Harris County, Texas,
being a part of that certain 32.5575 acre tract conveyed to Michael
Block, Trustee in deed recorded in the Harris County Official
Public Records of Real Property, Film Code 193-06-0326, File Number
F569725 and being more particularly described by metes and bounds
as follows with all bearings and coordinates referenced to the
Texas Coordinate System, South Central Zone:
BEGINNING at a 5/8-inch iron rod (X=3,083,662.36, Y=759,980.76) set
at the intersect of the northeasterly line of a Humble Pipeline
Company tract as recorded in Volume 1140, Page 63 of the Harris
County Deed Records and the south right-of-way of F.M. 529 (Spencer
Road - 60 feet wide) and being North 87°16'53" East, 40.20 feet from
a 5/8-inch iron rod found for northwest corner of said 32.5575 acre
tract;
THENCE, North 87°16'53" East, 233.40 feet along the south
right-of-way line of said F.M. 529 to a 5/8-inch iron rod set for
corner;
THENCE, at a right angle to said right-of-way, South 02°43'07" East
217.00 feet to a 5/8-inch iron rod set for corner;
THENCE, along a line that is parallel with and 217.00 feet south of
said F.M. 529 right-of-way, South 87°16'53" West, 75.00 feet to a
5/8-inch iron rod set in the northeasterly line of a 50 foot Humble
Pipeline Company Easement as recorded in Volume 3271, Page 220 of
the Harris County Deed Records;
THENCE, North 38°50'48" West, 268.66 feet along said northeasterly
line to the POINT OF BEGINNING, containing a computed area of 0.768
acre (33,462 square feet) of land.
TRACT 2
Being a 0.4982 acre (21,700 square feet) tract or parcel of land out
of that certain 66 acre Southern Pacific Company tract recorded in
Volume 6580, Page 451 of the Harris County Deed Records, said tract
being located in the T. Nellis Survey, Abstract No. 605, Harris
County, Texas and being more particularly described by metes and
bounds as follows with all bearings and coordinates referenced to
the Texas Coordinate System, South Central Zone:
BEGINNING at a 3/4-inch iron pipe (X=3,081,499.03, Y=759,878.02)
found at the intersection of the West line of said T. Nellis Survey
with the South right-of-way line of F.M. Highway 529 (Spencer Road -
60 feet wide);
THENCE North 87 degrees 16 minutes 58 seconds East, 100.00 feet
along the said South right-of-way line to a 5/8-inch iron pipe rod
set for corner;
THENCE South 02 degrees 33 minutes 55 seconds East, 217.00 feet to a
5/8-inch iron rod set for corner;
THENCE South 87 degrees 16 minutes 58 seconds West, 100.00 feet to a
5/8-inch iron rod set in the West line of said T. Nellis Survey;
THENCE North 02 degrees 33 minutes 55 seconds West, 217.00 feet
along the said survey line to the POINT OF BEGINNING and containing
a computed area of 0.4982 acre (21,700 square feet) of land.
TRACT 3
A tract or parcel of land containing 2,169 acres out of the Charles
Scarbrough Survey, Abstract 718, Harris County, Texas, and being
all of Lot 10, Block 2, Satsuma Estates, First Section, as recorded
in Volume 998, Page 704 of the Harris County Deed Records, same
being all of that certain tract conveyed to John H. Thompson per the
deed recorded in the Harris County Official Public Records of Real
Property, File No. F949984 and Film Code No. 119-81-0436, and being
more particularly described by metes and bounds as follows with all
bearings and coordinates referenced to the Texas Coordinate System,
South Central Zone:
BEGINNING at a 5/8-inch iron rod (X=3,075,495.77, Y=760,552.13) set
at the northwest corner of said Lot 10 in the east right-of-way line
of Mayard Road (Beaumont Road - 60 feet wide);
THENCE, North 86°40'40" East, 540.00 feet along the line common with
Lot 10 and Lot 9 to a 5/8-inch iron rod set at the corner common to
Lots 9, 10, 5 and 6;
THENCE, South 02°37'17" East, 175.00 feet along the line common with
Lot 10 and Lot 5 to a 1/2-inch iron rod found at the corner common to
Lots 10, 11, 4 and 5;
THENCE, South 86°40'40" West, 540.00 feet along the line common with
Lot 10 and Lot 11 to a 5/8-inch iron rod set in the east right-of-way
line of said Mayard Road;
THENCE, North 02°37'17" West, 175.00 feet along said east
right-of-way line to the POINT OF BEGINNING, containing a computed
area of 2.169 acres of land.
TRACT 4
Being a 0.523 acre (22,759 square feet) tract or parcel of land out
of the Charles Scarbrough Survey, Abstract 718, Harris County,
Texas, said tract being a part of that certain 50.00 acre tract
conveyed to S/C Investments 121, Ltd., per the deed recorded in the
Harris County Official Public Records of Real Property
(H.C.O.P.R.R.P.), File Number D869891, Film Code 161-25-2007, and
being more particularly described by metes and bounds as follows
with all bearings and coordinates referenced to the Texas
Coordinate System, South Central Zone:
BEGINNING at a 3/4-inch iron pipe (X=3,073,121.64, Y=759,462.66)
found at the corner common to said 50.00 acre tract and a 42.2842
acre tract recorded in the H.C.O.P.R.R.P., File Number D568750,
Film code 143-42-0702, on the north right-of-way line of F.M.
Highway 529 (Spencer Road - 60 feet wide), said point being North
87°42'14" East, 2204.43 feet from the intersection of the east
right-of-way line of Jackrabbit Road (80 feet wide) with said north
right-of-way line;
THENCE, North 01°44'47" West, 247.05 feet along the line common to
said 50.00 acre and 42.2842 acre tracts to a 5/8-inch iron rod set
in the southerly line of a 10-foot wide Southwestern Bell Telephone
Company easement (to be abandoned), as recorded in Volume 1231,
Page 306 of the Harris County Deed Records;
THENCE, South 70°57'20" East, 106.97 feet along the southerly line
of said telephone easement to a 5/8-inch iron rod set for corner;
THENCE, South 01°44'47" East, 208.13 feet along a line that is
parallel with and 100.00 feet east of said common line to a 5/8-inch
iron rod set in the north right-of-way line of said F.M. Highway
529;
THENCE, South 87°42'14" West, 100.00 feet along said north
right-of-way line to the POINT OF BEGINNING, containing a computed
area of 0.523 acre (22,759 square feet) of land.
TRACT 5
Being a 0.466 acre (20,306 square feet) tract or parcel of land out
of the Charles Scarbrough Survey, Abstract 718, Harris County,
Texas, said tract being a part of that certain 12.125 acre tract
conveyed to J. Charles Whitfield, per the deed recorded in the
Harris County Official Public Records of Real Property (H. C. O. P.
R. R. P.), File Number E866668, Film Code 147-12-0335, and being
more particularly described by metes and bounds as follows with all
bearings and coordinates referenced to the Texas Coordinate System,
South Central Zone:
BEGINNING, at a 5/8-inch iron rod (X=3,071,743.36, Y=759,407.40)
set at the corner common to said 12.125 acre tract and a 42.2842
acre tract recorded in the H. C. O. P. R. R. P., File Number D568750,
Film Code 143-42-0702, on the north right-of-way line of F.M.
Highway 529 (Spencer Road - 60 feet wide), said point being North
87°42'14" East, 824.93 feet from the intersection of the east
right-of-way line of Jackrabbit Road (80 feet wide) with said north
right-of-way line;
THENCE, South 87°42'14" West, 90.00 feet along the north
right-of-way line of said F.M. Highway 529 to a 5/8-inch iron rode
set for corner;
THENCE, North 01°58'48" West, 213.33 feet along a line that is
parallel with and 90.00 west of the east line of said 12.125 acre
tract to a 5/8-inch iron rod set in the southerly line of a 60 foot
wide Mobil (Magnolia) Pipeline Easement, recorded in Volume 578,
Page 228 of the Harris County Deed Records;
THENCE, North 72°26'21" East, 93.43 feet along the southerly line of
said pipeline easement to a 5/8-inch iron rod set in the line common
to said 12.125 acre and 42.2842 acre tracts;
THENCE, South 01°58'48" East, 237.93 feet along said common line to
the POINT OF BEGINNING, containing a computed area of 0.466 acre
(20,306) of land.
TRACT 6
Being 0.4427 acres of land located in the Michael McCormick Survey,
Abstract No. 553, Harris County, Texas, said 0.4427 acre tract
being out of Reserve "A" of Hearthstone Place, Section Two, a
subdivision per map or plat thereof recorded in Volume No. 329, Page
No. 46 of the Map Records of Harris County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a point being the intersection of the east
right-of-way line of Addicks-Satsuma Road, as established by said
map or plat, with the north line of a 60-foot Magnolia Pipeline
Company Easement as recorded in Volume no. 578, Page No. 288, Volume
No. 588, Page No. 253, and Volume No. 4222, Page No. 148 of the
Harris County Deed Records;
THENCE, North 02°16'26" West, along the said east right-of-way line,
a distance of 100.00 feet to the northwest corner of the herein
described tract;
THENCE, North 72°20'26" East a distance of 200.00 feet to the
northeast corner of the herein described tract;
THENCE, South 02°16'26" East a distance of 100.00 feet to a point
lying in the north line of the said 60 foot Magnolia Pipeline
Company Easement and being the southeast corner of the herein
described tract;
THENCE, South 72°20'26" West, along a north line of the said 60 foot
Magnolia Pipeline Company Easement, a distance of 200.00 feet to
the PLACE OF BEGINNING, containing 0.4427 acres of land.
TRACT 7
Being a 0.498 acre (21,700 square feet) tract or parcel of land out
of Michael McCormick Survey, Abstract 533, Harris County, Texas,
said tract being of that certain 15 acre tract conveyed to Emil J.
Rinn and wife Nora H. Rinn per the deed recorded in Volume 2294,
Page 656 of the Harris County Deed Records, Harris County, Texas,
and being more particularly described by metes and bounds, as
follows with all bearings and coordinates referenced to the Texas
Coordinate System, South Central Zone. All distances are surface
and may be converted to grid by multiplying by the combined factor
of 0.9999075:
BEGINNING at a 5/8-inch iron rod (X=3,064,573.76, Y=759,044.30) set
at the corner common to said 15 acre tract and a 15.005 acre tract
conveyed to Kenton R. Pickes, Trustee and Mark S. Robinson, Trustee
recorded in Harris County Official Public Records of Real Property
(H.C.O.P.R.R.P.), File Number E721802 Film Code 138-08-0786, said
point being in the south right-of-way line of F.M. Highway 529
(Spencer Road - 80 feet wide);
THENCE, North 87°41'37" East, 100.00 feet along the south
right-of-way line to a 5/8-inch iron rod set for corner;
THENCE, departing said right-of-way line, South 02°11'43" East,
217.00 feet, along a line parallel with and 100.00 feet east of the
line common to said 15 acre tract and said 15.005 acre tract to a
5/8-inch iron rod set for corner;
THENCE, South 87°41'37" West, 100.00 feet along a line that is
parallel with and 217.00 feet south of the south right-of-way line
of said F.M. Highway 529 to a 5/8-inch iron rod set in said common
line;
THENCE, North 02°11'43" West, 217.00 feet along said common line to
the POINT OF BEGINNING, containing a computed area of 0.498 acre
(21,700 square feet) of land.
SECTION 3. Section 1.06, Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, is amended by amending
Subsection (c) and adding Subsection (f) to read as follows:
(c) In addition to the authority granted by Subsection (b)
of this section, regardless of whether the territory is contiguous
to the authority, the authority may annex some or all of the
territory located within a district or municipality if the district
or municipality files with the authority a petition requesting the
annexation signed by a majority of the governing body of the
district or municipality. The petition must include an accurate
legal description of the boundaries of the territory to be
included. If the authority has bonds, notes, or other obligations
outstanding, the authority shall require the petitioning district
or municipality to be obligated to pay its share of the principal of
and interest on the outstanding bonds, notes, or other obligations,
and related costs. The board may grant the petition and order the
territory described in the petition annexed to the authority if[:
[(1)] it is feasible, practicable, and to the
advantage of the authority[; and
[(2) the authority's system and other improvements are
sufficient or will be sufficient to supply surface water and
groundwater to the added territory without harming the territory
already included in the authority].
(f) A municipality that has annexed or annexes territory of
the authority for limited purposes under Subchapter F, Chapter 43,
Local Government Code, does not have the right, for the annexed
territory, to:
(1) receive notices from the authority under Section
4.03(c) of this Act;
(2) participate in the appointment of directors under
Article 2 of this Act; or
(3) receive information about or have the opportunity
to fund its share of capital costs in the manner provided by the
authority under Section 4.04.
SECTION 4. Section 2.01(e), Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
(e) Notwithstanding Subsection (d) of this section, to
serve as director of the authority representing, or to be listed on
a ballot as a candidate for director of the authority representing,
a director precinct under Section 2.02 of this Act that includes any
part of the City of Katy, an individual must:
(1) meet the qualifications provided by Subsections
(d)(1)-(3) of this section; and
(2) must have served as:
(A) the mayor or a member of the city council of
the City of Katy for any period; or
(B) a director of one or more districts for a
total of [a district for] four years or more.
SECTION 5. Sections 2.02(c) and (e), Chapter 414, Acts of
the 77th Legislature, Regular Session, 2001, are amended to read as
follows:
(c) For the appointment of a director for a director
precinct, the board shall determine the number of votes each
district or municipality may cast. The number of votes for a
governing body of a district or municipality within the precinct is
equal to the number computed by dividing the total number of units
of water, as determined by the board, used within the precinct by
the district or municipality during the calendar year preceding the
year in which the selection of the director is done by the total
number of units of water used within the precinct by all districts
and municipalities in the precinct, multiplying that quotient by
100, and rounding that result to the nearest tenth. The board shall
exclude water pumped from or used in Fort Bend County from the
calculation of the number of votes in this subsection if the
authority did not charge a fee under Section 4.03(b) on wells in
Fort Bend County during the calendar year preceding the year in
which the selection of the director is made. The board shall
provide the presiding officer of each governing body of a district
or municipality within each director precinct written notice of the
number of votes computed for that governing body to cast.
(e) The governing body of each district or municipality in
the authority by resolution may [shall] nominate one candidate for
the position of director for the director precinct in which the
district or municipality is located. Each district or municipality
shall submit the name of its candidate to the presiding officer of
the authority by February 15 of each even-numbered year. If by
February 15 of each even-numbered year only one candidate's name is
submitted for the position of director for a director precinct, the
board may declare the unopposed candidate elected and may cancel
the director appointment procedures generally required by this
section for that position. If more than one candidate's name is
submitted for the position of director for a director precinct,
before [Before] March 15 of each even-numbered year, the board
shall prepare, for each director precinct, a ballot listing all the
candidates for that director precinct and shall provide a copy of
the ballot to the presiding officer of the governing body of each
district or municipality located within that director precinct. An
individual may not be listed as a candidate on the ballot of more
than one director precinct. If a candidate is nominated in more
than one director precinct, the candidate must choose to be on the
ballot of only one director precinct.
SECTION 6. Section 4.03, Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, is amended by amending
Subsections (a), (c), and (d) and adding Subsection (g) to read as
follows:
(a) The authority may establish fees, user fees, rates, and
charges and classifications of fee and ratepayers, as necessary to
enable the authority to fulfill the authority's purposes and
regulatory functions provided by this Act. The authority may
impose fees, user fees, rates, and charges on any person within the
authority, including a local government. If the authority imposes
a fee that is an impact fee, as defined by Section 395.001, Local
Government Code, the authority shall comply with Chapter 395, Local
Government Code. For purposes of this Act, an impact fee does not
include a fee or charge that the authority imposes that is based on
a portion of the costs and expenses incurred by the authority before
January 1, 2003, and that is charged to a person who did not pay any
fees to the authority before January 1, 2003.
(c) The board shall make reasonable efforts to send
districts and municipalities within the authority written notice of
the date, time, and location of the meeting at which the board
intends to adopt a proposed charge under Subsection (b), and the
amount of the proposed charge. The board's failure to comply with
this subsection does not invalidate a charge adopted by the board
under Subsection (b).
(d) For wells located in Harris County or Fort Bend County,
the [The] board shall exempt from the charge under Subsection (b)
the classes of wells that are not subject to any groundwater
reduction requirement imposed by the Harris-Galveston Coastal
Subsidence District or the Fort Bend Subsidence District, as
appropriate [subsidence district]. If any of those classes of
wells become subject to a groundwater reduction requirement imposed
by the Harris-Galveston Coastal Subsidence District or the Fort
Bend Subsidence District, as appropriate [subsidence district],
the authority may impose the charge under Subsection (b) on those
wells [classes]. For purposes of this subsection, a well is subject
to a groundwater reduction requirement if the Harris-Galveston
Coastal Subsidence District or Fort Bend Subsidence District, as
appropriate, has adopted or adopts a requirement or regulation that
the well reduce groundwater withdrawals or that the well join with
other wells to collectively reduce groundwater withdrawals,
including a groundwater reduction that is not required until a
future date. The board by rule may exempt any other classes of
wells from the charge under Subsection (b). The board may not apply
the charge under Subsection (b) to a well:
(1) with a casing diameter of less than five inches
that solely serves a single-family dwelling; or
(2) regulated under Chapter 27, Water Code.
(g) The authority may impose fees, user fees, or charges for
the importation of water into the authority's boundaries from a
source located outside the authority's boundaries other than a
source located in Waller County that serves a municipality within
the authority.
SECTION 7. Section 4.04, Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
Sec. 4.04. PURCHASE OF WATER FROM ANOTHER ENTITY. If the
authority purchases water from another entity for resale to local
governments, the authority shall use its best efforts in
negotiating with the entity to determine the amount of capital
costs included in any rates or charges paid by the authority. The
authority shall determine the amount of expected capital costs of
its own system. The authority shall provide each district or
municipality within its boundaries information regarding the share
of the capital costs to be paid by the district or municipality, as
determined by the authority, and shall provide each district or
municipality the opportunity, in a manner and by a procedure
determined by the authority, to fund its share of the capital costs
with proceeds from the sale of bonds or fees and charges collected
by the districts or municipalities. In complying with this
section, the authority may use any reasonable basis to calculate
from time to time the share of the capital costs of a district or
municipality. The authority may calculate the shares of the
capital costs based on the amount of water used within the authority
by the district or municipality during the calendar year preceding
the year in which the calculation is made, and the authority may
exclude from the calculation the amount of water used within Fort
Bend County if the authority did not charge a fee under Section
4.03(b) of this Act on wells within Fort Bend County during that
calendar year. A district or municipality may use any lawful source
of revenue, including bond funds, to make payment for any sums due
to the authority. The authority may adopt a procedure by which a
district or municipality may receive a credit from the authority.
The board may adopt any other procedure necessary to accomplish the
goals of this section. This section or any failure to comply with
this section does not limit or impede the authority's ability to
issue bonds or notes or invalidate any fees, user fees, charges,
rates, or special assessments imposed by the authority.
SECTION 8. Section 4.06, Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
Sec. 4.06. INTEREST AND PENALTIES. The board may require
the payment of interest on any late or unpaid fees, user fees,
rates, charges, and special assessments due the authority, but the
interest rate may not exceed the interest rate permitted by Section
2251.025, Government Code. The board may also impose penalties for
the failure to completely or timely make payment [payments] to the
authority. In addition, the board may exclude a person, or any
territory or well owned or controlled by a person, from the
authority's groundwater reduction plan for failure to make a
complete or timely payment to the authority.
SECTION 9. Section 5.01(i), Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
(i) Sections 49.153, 49.154, and [Section] 49.181, Water
Code, do [does] not apply to bonds or notes issued by the authority.
Commission rules regarding bonds or notes do not apply to bonds or
notes issued by the authority.
SECTION 10. The change in law made to Section 1.05, Chapter
414, Acts of the 77th Legislature, Regular Session, 2001, by this
Act, does not impair any obligation related to bonds or notes issued
by the West Harris County Regional Water Authority before the
effective date of this Act. All outstanding bonds and notes validly
issued by the authority remain valid, enforceable, and binding and
shall be paid in full, both principal and interest, in accordance
with their terms and from the sources pledged to the payment of the
bonds or notes. Any fees, assessments, or other charges owed to the
West Harris County Regional Water Authority on the effective date
of this Act by an owner of property excluded from the authority by
this Act remain the obligation of the owner.
SECTION 11. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.