By:  Wentworth                                                    S.B. No. 1116
	(In the Senate - Filed March 8, 2005; March 21, 2005, read 
first time and referred to Committee on Natural Resources; 
April 11, 2005, reported favorably by the following vote:  Yeas 8, 
Nays 0; April 11, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the authority of a water and sewer utility to acquire 
property by eminent domain.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter G, Chapter 13, Water Code, is amended 
by adding Section 13.258 to read as follows:
	Sec. 13.258.  EMINENT DOMAIN.  (a)  A water and sewer 
utility that is operating pursuant to a valid certificate of 
convenience and necessity may acquire by condemnation any easements 
or lesser property interests reasonably necessary to comply with 
federal and state regulations.
	(b)  The right of eminent domain shall be exercised in the 
manner provided by Chapter 21, Property Code.
	(c)  The power of eminent domain may not be used for the 
condemnation of land for the purpose of acquiring rights to 
underground water or of water or water rights.
	SECTION 2.  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.



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