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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain municipalities to regulate the |
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location of facilities to supply drinking water. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 229, Local Government Code, is amended |
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by adding Section 229.003 to read as follows: |
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Sec. 229.003. AUTHORITY OF CERTAIN MUNICIPALITIES TO |
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REGULATE FACILITIES TO SUPPLY DRINKING WATER. (a) In this section: |
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(1) "Facility to supply drinking water" includes an |
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intake facility, a pumping facility, a storage facility, a |
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pipeline, and any other facility to withdraw, transport, or |
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otherwise deliver drinking water to the municipalities |
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participating in a regional utility authority. |
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(2) "Regional utility authority" means an entity |
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created by two or more municipalities to provide water supply for |
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the region in which the municipalities are located. |
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(b) Before a regional utility authority may begin |
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construction of a facility to supply drinking water that will be |
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located in the corporate boundaries of a municipality not |
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participating in the regional utility authority, the authority |
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must: |
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(1) comply with the zoning requirements of the |
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municipality and obtain all permits and other approvals required by |
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the ordinances of the municipality; and |
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(2) receive the consent of the governing body of the |
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municipality. |
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(c) A governing body may not provide consent under |
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Subsection (b)(2) if: |
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(1) the governing body determines that the health, |
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safety, or welfare of the residents of the municipality may be |
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negatively affected by the operation of the facility to supply |
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drinking water; |
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(2) the facility to supply drinking water does not |
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comply with the land use and zoning regulations of the |
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municipality; or |
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(3) the facility to supply drinking water does not |
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comply with the municipality's land use and development plan. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |