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A BILL TO BE ENTITLED
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AN ACT
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relating to limits on the purpose and power of a fresh water supply |
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district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 53.001, Water Code, is amended by adding |
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Subdivision (4) to read as follows: |
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(4) "Commission" means the Texas Commission on |
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Environmental Quality. |
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SECTION 2. Section 53.101, Water Code, is amended to read as |
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follows: |
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Sec. 53.101. PURPOSE OF DISTRICT. Fresh water supply |
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districts may be created to conserve, transport, and distribute |
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fresh water within or to the district from any sources for domestic |
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and commercial purposes. |
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SECTION 3. Subchapter D, Chapter 53, Water Code, is amended |
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by adding Section 53.108 to read as follows: |
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Sec. 53.108. LIMITATION ON USE OF EMINENT DOMAIN POWER; |
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REQUIRED APPROVALS. (a) A district may not exercise the power of |
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eminent domain to acquire land, an easement, or other property that |
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is located more than five miles outside the district's boundaries |
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unless: |
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(1) the commissioners court in the county in which the |
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eminent domain power is to be exercised, after notice and hearing, |
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officially approves the exercise; and |
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(2) after approval by the commissioners court, the |
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commission issues an order approving the district's application to |
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exercise that power. |
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(b) A district that seeks commission approval for the |
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district's planned exercise of eminent domain power: |
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(1) shall submit to the commission a written |
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application for approval of the exercise of that power; and |
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(2) shall provide notice of the application in the |
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manner prescribed by the commission. |
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(c) After publication of notice, an opportunity for public |
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comment, and an opportunity for public hearing on an application |
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under this section, the commission may issue an order approving the |
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application if the commission finds that: |
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(1) the requested exercise of the power of eminent |
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domain is necessary and serves a purpose for which the district was |
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created; and |
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(2) granting the request will serve the public |
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interest. |
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(d) The commission by rule shall establish procedures for |
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public notice and hearing of applications under this section. The |
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procedures must include provision of notice to elected state and |
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local officials who represent residents of the district and of the |
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property proposed for condemnation. |
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(e) This section applies to a fresh water supply district |
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and a district that converts from a fresh water supply district to |
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another type of district. |
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SECTION 4. Section 53.108, Water Code, as added by this Act, |
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applies only to an exercise of the power of eminent domain by a |
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fresh water supply district for which a condemnation petition is |
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filed on or after January 1, 2010. An exercise of the power of |
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eminent domain by a fresh water supply district for which a |
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condemnation petition is filed before January 1, 2010, is governed |
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by the law in effect on the date the condemnation petition is filed, |
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and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |