H.B. No. 2418
 
 
 
 
AN ACT
  relating to the territory, board of directors, and powers of the
  North Harris County Regional Water Authority.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1.03, Chapter 1029, Acts of the 76th
  Legislature, Regular Session, 1999, is amended by amending
  Subsection (b) and adding Subsections (b-1), (b-2), (f), (g), and
  (h) to read as follows:
         (b)  The authority includes the [only that] territory
  described by Subsection (a) of this section only if that territory
  is also in one or more of the following state representative
  districts as described by Article II, Chapter 2, Acts of the 72nd
  Legislature, 3rd Called Session, 1992 (Article II, Article 195a-11,
  Vernon's Texas Civil Statutes), as the districts existed on the
  effective date of this Act:
               (1)  District 127;
               (2)  District 126;
               (3)  District 130;
               (4)  District 135; and
               (5)  District 150.
         (b-1)  The authority also includes the territory of the
  following districts:
               (1)  Harris County Municipal Utility District No. 16;
               (2)  Harris County Municipal Utility District No. 26;
               (3)  Harris County Municipal Utility District No. 233;
               (4)  Richey Road Municipal Utility District;
               (5)  Harris County Water Control and Improvement
  District No. 109;
               (6)  Inverness Forest Improvement District; and
               (7)  Memorial Hills Utility District.
         (b-2)  The territory of the authority does not include
  property that lies within the boundaries of a local government,
  other than the authority, if:
               (1)  the local government had a groundwater reduction
  plan approved by the subsidence district before January 1, 2010;
  and
               (2)  the property was included in the local
  government's approved groundwater reduction plan on January 1,
  2010.
         (f)  Territory annexed by a local government located in the
  authority becomes territory of the authority on the effective date
  of the annexation, unless the annexed territory is included in
  another local government's approved groundwater reduction plan as
  of the effective date of the annexation. The authority by rule may
  require the local government to send to the authority:
               (1)  written notice of the effective date of an
  annexation; and
               (2)  copies of documents describing the annexed land
  and describing the new boundaries of the local government.
         (g)  If territory is added to the service area of a person
  owning a water system located in the authority, the territory
  becomes territory of the authority on the effective date of the
  territory's addition to the service area, unless the added
  territory is included in another local government's approved
  groundwater reduction plan as of the effective date of the
  addition. The authority by rule may require the person to send to
  the authority:
               (1)  written notice of the effective date of an
  addition of territory; and
               (2)  copies of documents describing the added territory
  and describing the new boundaries of the person's service area.
         (h)  The annexation or addition of territory to the authority
  under this section does not affect the validity of bonds issued by
  the authority.
         SECTION 2.  Section 1.05, Chapter 1029, Acts of the 76th
  Legislature, Regular Session, 1999, is amended by adding Subsection
  (c) to read as follows:
         (c)  The following laws do not apply to the authority:
               (1)  Chapter 36, Water Code;
               (2)  Section 49.052, Water Code; and
               (3)  Sections 49.451-49.455, Water Code.
         SECTION 3.  Section 2.03, Chapter 1029, Acts of the 76th
  Legislature, Regular Session, 1999, is amended to read as follows:
         Sec. 2.03.  SERVICE OF DIRECTORS.  Directors
  [(a)     Temporary directors serve until the initial permanent
  directors are elected under Section 2.05 of this Act.
         [(b)     The initial permanent directors serve until permanent
  directors are elected under Section 2.06 of this Act.
         [(c)  Permanent directors] serve staggered four-year terms.
         [(d)     A director serves until the director's successor has
  qualified.]
         SECTION 4.  The heading to Section 4.04, Chapter 1029, Acts
  of the 76th Legislature, Regular Session, 1999, is amended to read
  as follows:
         Sec. 4.04.  CIVIL PENALTY; CIVIL ACTION; INJUNCTION.
         SECTION 5.  Section 4.04, Chapter 1029, Acts of the 76th
  Legislature, Regular Session, 1999, is amended by adding
  Subsections (b-1) and (e) to read as follows:
         (b-1)  The authority may bring an action in a district court
  against a district, other political subdivision, or other person
  located in the authority's territory or included in the authority's
  groundwater reduction plan to:
               (1)  recover any fees, rates, charges, assessments,
  collection expenses, attorney's fees, interest, penalties, or
  administrative penalties due the authority; or
               (2)  enforce the authority's rules or orders.
         (e)  Governmental immunity from suit or liability of a
  district or other political subdivision is waived for the purposes
  of an action described by Subsection (b-1) of this section.
         SECTION 6.  The following sections of Chapter 1029, Acts of
  the 76th Legislature, Regular Session, 1999, are repealed:
               (1)  Section 2.04;
               (2)  Section 2.05; and
               (3)  Section 2.07.
         SECTION 7.  (a)  The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 8.  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, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2418 was passed by the House on April
  7, 2011, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2418 was passed by the Senate on May
  19, 2011, by the following vote:  Yeas 31, Nays 0
  .
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor