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H.B. No. 856
AN ACT
relating to the general powers, authority, and directors of the
West Harris County Regional Water Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.02(10), Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
(10) "Subsidence district" means the Harris-Galveston
Coastal Subsidence District or the Fort Bend Subsidence District.
SECTION 2. Chapter 414, Acts of the 77th Legislature,
Regular Session, 2001, is amended by adding Section 1.035 to read as
follows:
Sec. 1.035. CHANGE IN BOUNDARIES. The territory contained
on December 20, 2004, within the boundaries of the following
districts is excluded from the authority:
(1) Harris-Fort Bend Counties Municipal Utility
District No. 1;
(2) Harris-Fort Bend Counties Municipal Utility
District No. 5; and
(3) Fort Bend County Municipal Utility District No.
30.
SECTION 3. Section 2.01, Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, is amended by adding Subsection
(b-1) to read as follows:
(b-1) Each director's term expires on May 15 of the fourth
year after the year in which the director was appointed.
SECTION 4. Chapter 414, Acts of the 77th Legislature,
Regular Session, 2001, is amended by adding Section 2.015 to read as
follows:
Sec. 2.015. CONFLICTS OF INTEREST. Chapter 171, Local
Government Code, governs conflicts of interest of board members.
SECTION 5. Chapter 414, Acts of the 77th Legislature,
Regular Session, 2001, is amended by adding Sections 4.015 and
4.016 to read as follows:
Sec. 4.015. REQUESTS FOR PROPOSALS. The board may adopt
policies establishing whether, when, and how the authority uses
requests for proposals in obtaining services, including
professional services.
Sec. 4.016. ADDITIONAL ADMINISTRATIVE POLICIES. The
authority is not required to adopt administrative policies in
addition to those required by Section 49.199, Water Code.
SECTION 6. Section 4.03, Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, is amended by adding
Subsections (h)-(j) to read as follows:
(h) The authority is entitled to collection expenses and
reasonable attorney's fees incurred by the authority in collecting
any delinquent fees, user fees, rates, charges, and assessments,
and any related penalties and interest.
(i) Fees and user fees imposed by the authority under
Subsection (b), and any related penalties, interest, collection
expenses, and reasonable attorney's fees incurred by the authority:
(1) are a first and prior lien against the well to
which the fees or user fees apply;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owner of the well.
(j) A lien under Subsection (i) is effective from the date
of the resolution or order of the board imposing the fee or user fee
until the fee or user fee is paid. The board may enforce the lien in
the same manner that a municipal utility district operating under
Chapter 54, Water Code, may enforce an ad valorem tax lien against
real property.
SECTION 7. Section 4.09(a), Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
(a) Notwithstanding any other law, irrespective of whether
the authority enters into contracts with local governments located
within its boundaries, and irrespective of whether the authority
holds any well permit issued by the subsidence district [under
Chapter 151, Water Code], the authority [by rule] may, in whole or
in part, develop, prepare, revise, adopt, implement, enforce,
manage, or participate in a groundwater reduction plan that is
applicable only to the authority or a groundwater reduction plan
that is applicable to the authority and one or more persons outside
the authority. The authority may require that any groundwater
reduction plan that the authority, in whole or in part, develops,
prepares, revises, adopts, implements, enforces, or manages or in
which the authority participates be the exclusive groundwater
reduction plan that is binding and mandatory on some or all of the
territory, persons, or wells located within the authority. A
groundwater reduction plan may:
(1) specify the measures to be taken to reduce
groundwater withdrawals;
(2) identify alternative sources of water to be
provided to those affected;
(3) identify the rates, terms, and conditions under
which alternative sources of water will be provided, which may be
changed from time to time as considered necessary by the authority;
(4) specify the dates and extent to which persons or
districts within the authority's boundaries shall reduce or cease
reliance on groundwater and accept water from alternative sources,
including water from the authority;
(5) include other terms and measures that are
consistent with the powers and duties of the authority;
(6) exceed the minimum requirements imposed by the
subsidence district, including any applicable groundwater
reduction requirements; and
(7) be amended from time to time at the discretion of
the authority.
SECTION 8. The change in law made by Section 1.035, Chapter
414, Acts of the 77th Legislature, Regular Session, 2001, as added
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 9. 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 856 was passed by the House on April
19, 2005, by the following vote: Yeas 141, Nays 1, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 856 was passed by the Senate on May
24, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor