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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers of the West Harris County Regional Water |
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Authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4.03, Chapter 414, Acts of the 77th |
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Legislature, Regular Session, 2001, is amended by adding Subsection |
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(k) to read as follows: |
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(k) The authority may bring an action to recover from a |
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district, other local government, or other person included in the |
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authority's jurisdiction or groundwater reduction plan any fees, |
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charges, assessments, collection expenses, attorney's fees, |
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interest, or civil or other penalties due the authority or any |
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amount spent by the authority to enforce the authority's rules or |
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orders. With respect to a district or other local government, |
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sovereign and governmental immunity from suit and liability is |
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waived for the purpose of adjudicating an action described by this |
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subsection. |
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SECTION 2. Section 1.08, Chapter 414, Acts of the 77th |
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Legislature, Regular Session, 2001, is amended by amending |
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Subsection (b) and adding Subsection (c) to read as follows: |
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(b) This Act does not prevail over or preempt a provision of |
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Chapter 8801, Special District Local Laws Code, Chapter 1045, Acts |
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of the 71st Legislature, Regular Session, 1989 [Chapter 151, Water
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Code], or Chapter 36, Water Code, that is being implemented by a |
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[the] subsidence district. |
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(c) Chapter 36, Water Code, does not apply to the authority. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. 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. |