2005S0171-1  02/01/05


By:  Lindsay                                                      S.B. No. 331


A BILL TO BE ENTITLED

AN ACT

relating to the North Harris County Regional Water Authority.                 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (c), Section 2.02, Chapter 1029, Acts 
of the 76th Legislature, Regular Session, 1999, is amended to read 
as follows:
	(c)  In the manner described by Section 49.103(d), Water 
Code, the board shall redraw the single-member voting districts [as 
required by law] as soon as practicable after[:
		[(1)]  each federal decennial census[;] and as 
otherwise required by law
		[(2)  any change in the boundaries of the authority 
which increases the total area of the authority by more than 20 
percent].
	SECTION 2.  Section 4.10, Chapter 1029, Acts of the 76th 
Legislature, Regular Session, 1999, is amended by adding 
Subsections (e) through (j) to read as follows:
	(e)  The authority may expedite the financing and 
construction of all or part of a surface water delivery system, or 
such other activities as are within the power of the authority, as 
necessary to accomplish the conversion to groundwater before any 
time required by the subsidence district or as determined by the 
board to be in the interest of the authority or one or more 
districts inside or outside the authority.
	(f)  Except to the extent expressly prohibited by any statute 
administered by the commission, the commission shall cooperate with 
and assist the authority to the maximum extent possible to 
accomplish the development of a surface water delivery system, and 
projects to which Subsection (e) of this section applies, within 
the time frame determined by the authority.  In this section, 
"surface water delivery system" includes facilities that:
		(1)  may be used temporarily or permanently to 
transport groundwater between utility districts, if in the future 
such facilities will in reasonable probability become part of a 
surface water delivery system; or
		(2)  are necessary or convenient to a purpose within 
the power of the authority to undertake, such as the management of 
water, water conservation, and water reuse.
	(g)(1)  In carrying out its duties under Subsection (f) of 
this section, the commission may grant conditional approval of 
construction projects of the authority, or waive the requirements 
of any commission rule or statute administered by the commission, 
if such conditional approval or waiver will not compromise the 
public health or safety.  The authority bears the risk of conforming 
the construction of any project which is granted conditional 
approval or for which a waiver has been granted under this 
subsection if changes in the construction become necessary to 
protect the public health or safety as determined by the 
commission.
		(2)  The commission may not require the authority to 
tender contracts between the authority and any other person as a 
precondition of approving any construction project of the 
authority.  If the commission by rule requires contracts of other 
entities before approving a construction project of such entities, 
the authority may address by regulation the subject matters that 
would otherwise be required by commission rule to be addressed by 
such contracts.  A regulation adopted by the authority under this 
section shall serve for all purposes to satisfy the commission's 
rules that would otherwise be satisfied by contractual provisions.  
The regulations may allocate responsibilities between the 
authority and a district or person within the boundaries of the 
authority as needed to satisfy the commission's rules relating to 
the construction or operation of all or part of a surface water 
delivery system or any project that is necessary or convenient to 
manage water within the authority and that the authority has the 
power to undertake.
	(h)  The commission and the authority may enter into a 
memorandum of understanding.  The memorandum of understanding may:
		(1)  establish standard procedures for processing 
construction projects of the authority for final or conditional 
approval;
		(2)  establish standing waivers or conditions 
applicable to projects of the authority;
		(3)  delegate powers to the authority to carry out any 
duty of the commission related to any activity that the authority 
has the power to undertake;
		(4)  set standards to be met by construction or other 
projects of the authority; or
		(5)  address any other matter that it is necessary or 
convenient for the parties to address and that relates to an 
activity that the authority has the power to undertake and the 
commission has the power to regulate or assist.
	(i)  To comply with commission rules that would otherwise 
require the authority to state specific amounts of water that may or 
will be provided to another entity receiving water from the 
authority, the authority may state the amounts in ranges, and those 
ranges may be changed by the authority if the commission is promptly 
notified of the change.
	(j)  The provisions of Subsections (e)-(i) of this section 
prevail over any other law or commission rule, including any other 
provision of this Act.
	SECTION 3.  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.