83(R) SB 1870 - Enrolled version



	S.B. No. 1870




	AN ACT
	relating to the creation of the West Fort Bend Water Authority;
	providing authority to issue bonds; granting the power of eminent
	domain; providing an administrative penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subtitle H, Title 6, Special District Local Laws
	Code, is amended by adding Chapter 8878 to read as follows:
	CHAPTER 8878. WEST FORT BEND WATER AUTHORITY
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 8878.001. DEFINITIONS. In this chapter:
	(1) "Authority" means the West Fort Bend Water
	Authority.
	(2) "Board" means the board of directors of the
	authority.
	(3) "Commission" means the Texas Commission on
	Environmental Quality or its successor.
	(4) "Director" means a member of the board.
	(5) "District" means any district created under
	Sections 52(b)(1) and (2), Article III, or Section 59, Article XVI,
	Texas Constitution, regardless of the manner of creation, other
	than:
	(A) a navigation district or port authority;
	(B) a district governed by Chapter 36, Water
	Code; or
	(C) a district that does not have the legal
	authority to supply water.
	(6) "Groundwater reduction plan" means a plan adopted
	or implemented to supply water, reduce reliance on groundwater,
	regulate groundwater pumping and usage, or require and allocate
	water usage among persons in order to comply with or exceed
	requirements imposed by the Fort Bend Subsidence District or
	applicable subsidence district, including any applicable
	groundwater reduction requirements.
	(7) "Large tract" means a tract of land of at least
	1,000 acres owned by a single landowner.
	(8) "Local government" means a municipality, county,
	district, or other political subdivision of this state or a
	combination of two or more of those entities.
	(9) "Subsidence" means the lowering in elevation of
	the surface of land by the withdrawal of groundwater.
	(10) "System" means a network of pipelines, conduits,
	valves, canals, pumping stations, force mains, treatment plants,
	and any other construction, device, or related appurtenance used to
	treat or transport water.
	(11) "Water" includes:
	(A) groundwater, percolating or otherwise;
	(B) any surface water, natural or artificial,
	navigable or nonnavigable; and
	(C) industrial and municipal wastewater.
	(12) "Well" includes a facility, device, or method
	used to withdraw groundwater from a groundwater source within the
	boundaries of the authority.
	Sec. 8878.002. NATURE OF AUTHORITY. The authority is a
	regional water authority in Fort Bend County created under and
	essential to accomplish the purposes of Section 59, Article XVI,
	Texas Constitution, including the acquisition and provision of
	surface water and groundwater for residential, commercial,
	industrial, agricultural, and other uses, the reduction of
	groundwater withdrawals, the conservation, preservation,
	protection, and recharge of groundwater and of groundwater
	reservoirs or their subdivisions, the prevention of waste of
	groundwater, the control of subsidence caused by the withdrawal of
	water from groundwater reservoirs or their subdivisions, and other
	public purposes stated in this chapter. The authority is a
	political subdivision of this state.
	Sec. 8878.003. CONFIRMATION ELECTION NOT REQUIRED. An
	election to confirm the creation of the authority is not required.
	Sec. 8878.004. INITIAL AUTHORITY TERRITORY. (a) The
	authority is initially composed of the territory described by
	Section 2 of the Act creating this chapter.
	(b) The boundaries and field notes contained in Section 2 of
	the Act creating this chapter form a closure. A mistake made in the
	field notes or in copying the field notes in the legislative process
	does not affect:
	(1) the organization, existence, or validity of the
	authority;
	(2) the right of the authority to issue any type of
	bond or note for the purposes for which the authority is created or
	to pay the principal of and interest on a bond or note;
	(3) the right of the authority to impose or collect a
	fee, user fee, rate, or charge; or
	(4) the legality or operation of the authority.
	(c) All of the territory of a local government created after
	the effective date of the Act creating this chapter that
	encompasses any territory within the boundaries of the authority,
	immediately on the creation and without any action required of the
	authority, is subject to all of the rights, powers, privileges, and
	rules of the authority to the same extent as the territory was
	before the local government was created.
	Sec. 8878.005. EXCLUSION OF CERTAIN TERRITORY. (a) The
	governing body of a district or municipality or the owner of a large
	tract may petition for exclusion of all of the territory of the
	municipality, district, or large tract from the authority's
	boundaries if, on the effective date of the Act creating this
	chapter, all or any part of the municipality, district, or large
	tract is located in the territory described by Section 2 of the Act
	creating this chapter. The petition must be signed, as applicable,
	by a majority of the members of the governing body of the district
	or municipality or by the landowner of the large tract.
	(b) The board shall:
	(1) not later than the 180th day after the effective
	date of the Act creating this chapter, grant the petition and order
	the territory excluded if the petition:
	(A) includes an accurate legal description of the
	boundaries of the territory to be excluded; and
	(B) is filed with the authority not later than
	the 120th day after the effective date of the Act creating this
	chapter; and
	(2) if the board grants the petition, file for
	recording in the office of the county clerk for the applicable
	county or counties a copy of the order and a description of the
	authority's boundaries as they exist after the exclusion of the
	territory.
	(c) If a district, municipality, or large tract is excluded
	from the authority's boundaries under this section, the authority
	is not required to:
	(1) provide water or any other service to the
	district, municipality, or large tract; or
	(2) include the district, municipality, or large tract
	in any groundwater reduction plan adopted or implemented by the
	authority.
	(d) If, not later than the 120th day after the effective
	date of this chapter, the governing body of a district or
	municipality or the owner of a large tract files a petition for
	exclusion under this section, the authority may not impose fees,
	user fees, rates, or charges on the district, municipality, or
	large tract after the petition is filed with the authority unless
	the district, municipality, or large tract is annexed by the
	authority under Section 8878.006.
	(e) If a district or municipality excluded or the owner of a
	large tract excluded from the authority's boundaries under this
	section petitions the authority to be annexed under Section
	8878.006, the authority may annex the district, municipality, or
	large tract. The authority may, as a condition of annexation,
	require terms and conditions the board considers appropriate. The
	authority may require the district, municipality, or owner of the
	large tract to pay the authority the fees, user fees, and charges,
	with interest, that, as determined by the authority, the district,
	municipality, or owner of the large tract would have been charged by
	the authority if the district, municipality, or large tract had not
	been excluded from the authority under this section.
	Sec. 8878.006. ANNEXATION. (a) Except to the extent the
	authority agrees in writing, a municipality's annexation of
	territory within the authority does not affect:
	(1) the authority's powers inside or outside the
	annexed territory;
	(2) the authority's boundaries or contracts; or
	(3) the authority's ability to assess fees, user fees,
	rates, or charges inside or outside the territory annexed by the
	municipality.
	(b) Territory may be annexed to the authority, regardless of
	whether the territory is contiguous to the authority, as provided
	by Chapter 49, Water Code.
	(c) In addition to the authority granted by Subsection (b),
	regardless of whether the territory is contiguous to the authority,
	the authority may annex some or all of the territory located within
	a district or municipality if the district or municipality files
	with the authority a petition requesting the annexation signed by a
	majority of the members of the governing body of the district or
	municipality. The petition must include an accurate legal
	description of the boundaries of the territory to be included. If
	the authority has bonds, notes, or other obligations outstanding,
	the authority shall require the petitioning district or
	municipality to be obligated to pay its share of the principal of
	and interest on the outstanding bonds, notes, or other obligations,
	and related costs. The board may grant the petition and order the
	territory described by the petition annexed to the authority if it
	is feasible, practicable, and to the advantage of the authority.
	(d) Any territory that a district located within the
	authority annexes becomes territory of the authority on the
	effective date of the annexation without any action required of the
	authority. The authority by rule may require all districts located
	within the authority to send to the authority written notice of the
	effective date of an annexation and require the districts to send to
	the authority copies of any necessary documents describing the
	annexed land and describing the districts' boundaries as they exist
	after inclusion of the annexed land.
	(e) The annexation to the authority of territory under this
	section does not affect the validity of the authority's bonds
	issued before or after the annexation.
	(f) A municipality that annexes territory of the authority
	for limited purposes under Subchapter F, Chapter 43, Local
	Government Code, does not have the right to:
	(1) receive notices from the authority under Section
	8878.103(c);
	(2) participate in the appointment of directors under
	Subchapter B; or
	(3) receive information about or have the opportunity
	to fund its share of capital costs in the manner provided by the
	authority under Section 8878.104.
	Sec. 8878.007. APPLICABILITY OF OTHER LAW. (a) Except as
	otherwise provided by this chapter, Chapter 49, Water Code, applies
	to the authority.
	(b) This chapter does not prevail over or preempt a
	provision of Chapter 36, Water Code, or of Chapter 8801 or 8834 of
	this code that is being implemented by the Fort Bend Subsidence
	District or applicable subsidence district.
	(c) Chapter 36, Water Code, does not apply to the authority.
	Sec. 8878.008. FINDING OF BENEFIT. All the land, property,
	and persons included within the boundaries of the authority will be
	directly benefited by the works, projects, improvements, and
	services to be provided by the authority under powers conferred by
	Section 59, Article XVI, Texas Constitution, and this chapter. The
	authority is created to serve a public use and benefit. The
	creation of the authority will serve to promote the health, safety,
	and general welfare of persons within the authority and the general
	public. Any fees, user fees, rates, or charges imposed by the
	authority under this chapter are necessary to pay for the costs of
	accomplishing the purposes of the authority as set forth in Section
	59, Article XVI, Texas Constitution, and this chapter, including:
	(1) the reduction of groundwater withdrawals;
	(2) the facilitation of compliance with the
	requirements of the Fort Bend Subsidence District or applicable
	subsidence district; and
	(3) the provision of services, facilities, and
	systems.
	SUBCHAPTER B. BOARD OF DIRECTORS
	Sec. 8878.051. DIRECTORS; TERMS. (a) The authority is
	governed by a board of five directors.
	(b) The directors serve staggered four-year terms, with two
	or three directors' terms expiring May 15 of each even-numbered
	year.
	Sec. 8878.052. ELIGIBILITY TO SERVE AS DIRECTOR. To be
	eligible to serve as a director of the authority or to be listed as
	provided by Section 8878.056 on a ballot as a candidate for director
	of the authority representing a director precinct, an individual
	must:
	(1) be at least 18 years of age;
	(2) be a resident of the authority; and
	(3) have served as a director of one or more districts
	or as a member of the governing body of a municipality within the
	authority for a total of at least four years.
	Sec. 8878.053. DISQUALIFICATION OF DIRECTORS. Subject to
	Section 8878.061, the common law doctrine of incompatibility does
	not disqualify an official or an employee of a public entity from
	serving as a director of the authority. A director who is also an
	official or an employee of a public entity may not participate in
	the discussion of or vote on a matter regarding a contract with that
	public entity.
	Sec. 8878.054. CONFLICTS OF INTEREST. Chapter 171, Local
	Government Code, governs conflicts of interest of board members.
	Sec. 8878.055. SINGLE-MEMBER DIRECTOR PRECINCTS. (a) The
	authority is divided into five single-member director precincts,
	the initial territories of which are described by Section 3 of the
	Act creating this chapter.
	(b) The board may redraw the single-member director
	precincts in a manner that is reasonable and equitable:
	(1) after any change in the boundaries of the
	authority; or
	(2) by a resolution redrawing the director precincts
	adopted by a two-thirds majority of the board, based on changed
	circumstances.
	(c) The boundaries and field notes for each precinct
	contained in Section 3 of the Act creating this chapter form a
	closure. A mistake made in the field notes or in copying the field
	notes in the legislative process does not affect the selection of a
	director under this chapter.
	Sec. 8878.056. METHOD OF APPOINTMENT OF DIRECTORS.
	(a) Except as provided by Section 8878.057, the governing bodies
	of the districts and municipalities located within each director
	precinct jointly shall appoint one director to represent the
	precinct by a vote conducted as provided by this section.
	(b) If a district or municipality is located within two or
	more director precincts, the district or municipality is
	considered, for purposes of this section, to be located only within
	the director precinct in which the greatest amount of territory of
	the district or municipality is located.
	(c) For the appointment of a director for a director
	precinct, the board shall determine the number of votes each
	district or municipality may cast. The number of votes for a
	governing body of a district or municipality within the precinct is
	equal to the number computed by dividing the total number of units
	of water, as determined by the board, used within the precinct by
	the district or municipality during the calendar year preceding the
	year in which the director is selected by the total number of units
	of water used within the precinct by all districts and
	municipalities in the precinct, multiplying that quotient by 100,
	and rounding that result to the nearest one-tenth. The board shall
	provide the presiding officer of each governing body of a district
	or municipality within each director precinct written notice of the
	number of votes computed for that governing body to cast.
	(d) For purposes of Subsection (c), the board shall
	determine the amount of water usage of all districts and
	municipalities within each director precinct.
	(e) In the appropriate even-numbered year, the governing
	body of each district or municipality in a director precinct by
	resolution may nominate one candidate for the position of director
	for that director precinct. Each district or municipality shall
	submit the name of its candidate, if any, to the presiding officer
	of the authority by February 15 of that year. If by February 15 of
	that year only one candidate's name is submitted for the position of
	director for a director precinct, the board may declare the
	unopposed candidate elected and may cancel the director appointment
	procedures generally required by this section for that position.
	If more than one candidate's name is submitted for the position of
	director for a director precinct, before March 15 of that year the
	board shall prepare, for the director precinct or precincts from
	which a director is being appointed, a ballot listing all of the
	candidates for that director precinct and shall provide a copy of
	the appropriate ballot to the presiding officer of the governing
	body of each district or municipality located within the director
	precinct from which a director is being appointed.
	(f) An individual may not be listed as a candidate on the
	ballot for more than one director position. If a candidate is
	nominated for more than one director position, the candidate must
	choose to be on the ballot for only one director position.
	(g) The governing body of each district or municipality
	shall determine its votes for director by resolution and submit
	them to the presiding officer of the authority before May 1 of the
	appropriate even-numbered year. In casting its votes for director,
	the governing body of each district or municipality may vote for
	only one candidate on the ballot for the director precinct in which
	the district or municipality is located. For each director
	precinct from which a director is being appointed, the board shall
	count the votes, declare elected the candidate who received the
	greatest number of votes from districts and municipalities located
	within that director precinct, and submit the results before May 15
	of that year to the governing body of each district or municipality
	within that director precinct.
	(h) The board may adopt rules regarding:
	(1) the manner and timing of determinations and
	calculations required by this section;
	(2) the reporting of water usage to the authority by
	districts and municipalities; and
	(3) the conduct and process of the appointment of
	directors.
	Sec. 8878.057. APPOINTMENT OF DIRECTORS IN SPARSELY
	POPULATED PRECINCTS. (a) For each precinct with a population of
	less than 25,000, the Commissioners Court of Fort Bend County shall
	appoint the director for that precinct. When the population within
	a precinct reaches 25,000, as determined by federal census
	information or as otherwise determined by the county, that precinct
	is eligible to nominate and appoint a director in accordance with
	Section 8878.056, who shall serve upon the expiration of the
	appointed director's term.
	(b) To be eligible for appointment under this section, a
	person must be a resident of the county. Sections 8878.052(2) and
	(3) do not apply to the eligibility of a person for appointment
	under this section.
	Sec. 8878.058. VACANCY IN OFFICE OF DIRECTOR. (a) A
	vacancy in the office of director shall be filled by appointment by
	the governing bodies of the districts and municipalities that are
	located within the director precinct for which the vacancy
	occurred. The appointment process shall follow the procedures of
	Section 8878.056. The board may establish dates different from
	those specified by Sections 8878.056(e) and (g), but the date for
	the board's submission of the voting results to each district and
	municipality may not be later than the 120th day after the date the
	vacancy occurs.
	(b) A vacancy in the office of director appointed by the
	county under Section 8878.057 shall be filled by appointment by the
	Commissioners Court of Fort Bend County.
	Sec. 8878.059. MEETINGS AND ACTIONS OF BOARD. (a) The
	board may meet as many times each year as the board considers
	appropriate.
	(b) Directors of the authority are public officials and are
	entitled to governmental immunity for their actions in their
	capacity as directors and officers of the authority.
	Sec. 8878.060. GENERAL MANAGER. (a) The board may employ
	a general manager of the authority or contract with a person to
	perform the duties of a general manager. The board may delegate to
	the general manager full authority to manage and operate the
	affairs of the authority subject only to orders of the board.
	(b) The board may delegate to the general manager the
	authority to employ all persons necessary for the proper handling
	of the business and operation of the authority and to determine the
	compensation to be paid to all employees, other than the general
	manager.
	Sec. 8878.061. COMPENSATION; EXPENSES. A director who is
	also an official of another public entity serves without
	compensation but may be reimbursed for actual expenses incurred in
	the performance of official duties. The expenses must be:
	(1) reported in the authority's records; and
	(2) approved by the board.
	SUBCHAPTER C. POWERS AND DUTIES
	Sec. 8878.101. GENERAL POWERS AND DUTIES. (a) The
	authority may:
	(1) provide for the conservation, preservation,
	protection, recharge, and prevention of waste of groundwater, and
	for the reduction of groundwater withdrawals as necessary to
	develop, implement, or enforce a groundwater reduction plan, in a
	manner consistent with the purposes of Section 59, Article XVI,
	Texas Constitution, and facilitate compliance with Fort Bend
	Subsidence District or applicable subsidence district rules,
	orders, regulations, or requirements;
	(2) acquire or develop surface water and groundwater
	supplies from sources inside or outside the boundaries of the
	authority, conserve, store, transport, treat, purify, distribute,
	sell, and deliver water to or among persons inside and outside the
	boundaries of the authority, and allocate water among persons
	participating in the authority's groundwater reduction plan
	whether they are located inside or outside the authority's
	boundaries;
	(3) enter into contracts with persons inside or
	outside the authority on terms and conditions the board considers
	desirable, fair, and advantageous for the performance of its
	rights, powers, and authority under this chapter;
	(4) coordinate water services provided inside,
	outside, or into the authority;
	(5) provide wholesale and retail water services to any
	users or customers within the authority's boundaries without being
	required to execute contracts with those users or customers;
	(6) adopt policies establishing whether, when, and the
	manner in which the authority uses requests for proposals in
	obtaining services, including professional services;
	(7) determine whether to adopt administrative
	policies in addition to those required by Section 49.199, Water
	Code; and
	(8) administer and enforce this chapter.
	(b) Sections 49.451-49.455, Water Code, do not apply to the
	authority.
	(c) Notwithstanding Subsection (a)(5), the authority may
	not provide retail water service to a retail user within the
	authority's boundaries that is located within the boundaries of a
	district or municipality on the date the authority awards a
	contract for the construction or executes a contract for the
	acquisition of water facilities to serve that retail user, unless:
	(1) the district or municipality consents in writing
	to the authority's provision of retail water service; or
	(2) the retail user owns or operates a well.
	(d) If a retail user that does not own or operate a well is
	added to the boundaries of a district or municipality after the date
	the authority awards a contract for the construction or executes a
	contract for the acquisition of water facilities to serve that
	retail user, the authority may provide retail service to that
	retail user without the written consent of the district or
	municipality.
	Sec. 8878.102. AUTHORITY RULES. The authority may adopt
	and enforce rules reasonably required to implement this chapter,
	including rules governing procedures before the board and rules
	regarding implementation, enforcement, and any other matters
	related to the authority's water supply or groundwater reduction
	plan.
	Sec. 8878.103. FEES, USER FEES, RATES, AND CHARGES.
	(a) The authority may establish fees, user fees, rates, and
	charges and classifications of payers of fees and rates as
	necessary to enable the authority to fulfill the authority's
	purposes and regulatory functions provided by this chapter. The
	authority may impose fees, user fees, rates, and charges on any
	person within the authority.
	(b) The authority may charge the owner of a well located
	within the authority's boundaries a fee or user fee according to the
	amount of water pumped from the well. If ownership of a well
	changes, both the prior and subsequent well owners are liable to the
	authority, jointly and severally, for all fees and user fees
	imposed by the authority under this subsection, and any related
	penalties and interest, for water pumped from that well before the
	change in well ownership. Notwithstanding Subsection (d), the
	authority may impose a charge under this subsection on a well or
	class of wells located in Fort Bend County that, on or after
	February 1, 2013:
	(1) ceases to be subject to a groundwater reduction
	requirement imposed by the Fort Bend Subsidence District or
	applicable subsidence district; or
	(2) is no longer subject to the regulatory provisions,
	permitting requirements, or jurisdiction of the Fort Bend
	Subsidence District or applicable subsidence district.
	(c) The board shall make reasonable efforts to send
	districts and municipalities written notice of the date, time, and
	location of the meeting at which the board intends to adopt a
	proposed charge under Subsection (b) and the amount of the proposed
	charge. The board's failure to comply with this subsection does not
	invalidate a charge adopted by the board under Subsection (b).
	(d) For wells located in Fort Bend County, the board shall
	exempt from the charge under Subsection (b) classes of wells that
	are not subject to any groundwater reduction requirement imposed by
	the Fort Bend Subsidence District or applicable subsidence
	district. If any of those classes of wells become subject to a
	groundwater reduction requirement imposed by the applicable
	subsidence district, the authority may impose the charge under
	Subsection (b) on those classes. The board by rule may exempt any
	other classes of wells from the charge under Subsection (b). The
	board may not apply the charge under Subsection (b) to a well:
	(1) with a casing diameter of less than five inches
	that serves only a single-family dwelling; or
	(2) regulated under Chapter 27, Water Code.
	(e) For purposes of Subsection (d), a well is subject to a
	groundwater reduction requirement if the applicable subsidence
	district has adopted or adopts a requirement or rule that
	groundwater withdrawals from the well, or from the well and other
	wells collectively, be reduced, including a groundwater reduction
	that is not required until a future date.
	(f) The authority may establish fees, user fees, rates, and
	charges that are sufficient to:
	(1) achieve water conservation;
	(2) prevent waste of water;
	(3) serve as a disincentive to pumping groundwater;
	(4) develop, implement, or enforce a groundwater
	reduction plan;
	(5) accomplish the purposes of this chapter, including
	making available alternative water supplies;
	(6) enable the authority to meet operation and
	maintenance expenses;
	(7) pay the principal of and interest on notes, bonds,
	and other obligations issued in connection with the exercise of the
	authority's general powers and duties; and
	(8) satisfy all rate covenants relating to the
	issuance of notes, bonds, and other obligations.
	(g) The authority may charge rates established by the
	authority for water purchased from the authority.
	(h) The authority may impose fees, user fees, or charges for
	the importation of water into the authority's boundaries from a
	source located outside the authority's boundaries.
	(i) The authority may impose a reasonable export fee or
	surcharge for groundwater transferred out of the authority, in an
	amount not to exceed 150 percent of the surface water fee charged by
	the North Fort Bend Water Authority.
	Sec. 8878.104. PURCHASE OF WATER FROM ANOTHER ENTITY.
	(a) If the authority purchases water from another entity for
	resale to local governments, the authority shall use its best
	efforts in negotiating with the entity to determine the amount of
	capital costs included in any rates or charges paid by the
	authority. The authority shall determine the amount of expected
	capital costs of its own system.
	(b) The authority shall provide each district or
	municipality within its boundaries information regarding the share
	of the capital costs to be paid by the district or municipality, as
	determined by the authority, and shall provide each district or
	municipality the opportunity, in a manner and by a procedure
	determined by the authority, to fund its share of the capital costs
	with proceeds from the sale of bonds or fees and charges collected
	by the districts or municipalities. A district or municipality may
	use any lawful source of revenue, including bond funds, to pay any
	sums due to the authority.
	(c) The authority may adopt a procedure by which a district
	or municipality may receive a credit from the authority. The board
	may adopt any other procedure necessary to accomplish the goals of
	this section.
	(d) In complying with this section, the authority may use
	any reasonable basis to calculate from time to time the share of the
	capital costs of a district or municipality. The authority may
	calculate the shares of the capital costs based on the amount of
	water used within the authority by the district or municipality
	during the calendar year preceding the year in which the
	calculation is made.
	(e) This section or any failure to comply with this section
	does not limit or impede the authority's ability to issue bonds or
	notes or invalidate any fees, user fees, charges, or rates imposed
	by the authority.
	Sec. 8878.105. INTEREST AND PENALTIES. The board may
	require the payment of interest on any late or unpaid fees, user
	fees, rates, or charges due the authority, but the interest rate may
	not exceed the interest rate permitted by Section 2251.025,
	Government Code. The board may also impose penalties for the
	failure to make a complete or timely payment to the authority. In
	addition, the board may exclude a person, or any territory or well
	owned or controlled by a person, from the authority's groundwater
	reduction plan for failure to make a complete or timely payment to
	the authority.
	Sec. 8878.106. ATTORNEY'S FEES AND COLLECTION EXPENSES.
	(a) The authority is entitled to reasonable attorney's fees
	incurred by the authority in enforcing its rules.
	(b) The authority is entitled to collection expenses and
	reasonable attorney's fees incurred by the authority in collecting
	any delinquent fees, user fees, rates, and charges and any related
	penalties and interest.
	Sec. 8878.107. LIEN. (a) Fees and user fees imposed by the
	authority under Section 8878.103(b), any related penalties and
	interest, and collection expenses and reasonable attorney's fees
	incurred by the authority:
	(1) are a first and prior lien against the well to
	which the fees or user fees apply;
	(2) are superior to any other lien or claim other than
	a lien or claim for county, school district, or municipal ad valorem
	taxes; and
	(3) are the personal liability of and a charge against
	the owner of the well.
	(b) A lien under this section is effective from the date of
	the resolution or order of the board imposing the fee or user fee
	until the fee or user fee is paid.
	(c) The board may enforce the lien in the same manner that a
	municipal utility district operating under Chapter 54, Water Code,
	may enforce an ad valorem tax lien against real property.
	Sec. 8878.108. ADMINISTRATIVE PENALTY; INJUNCTION. (a) A
	person who violates a rule or order of the authority is subject to
	an administrative penalty of not more than $5,000, as determined by
	the board, for each violation or each day of a continuing violation.
	The person shall pay the penalty to the authority.
	(b) The authority may bring an action to recover the penalty
	in a district court in the county where the violation occurred.
	(c) The authority may bring an action for injunctive relief
	in a district court in the county where a violation of an authority
	rule or order occurs or is threatened to occur. The court may grant
	to the authority, without bond or other undertaking, a prohibitory
	or mandatory injunction that the facts warrant, including a
	temporary restraining order, temporary injunction, or permanent
	injunction.
	(d) The authority may bring an action for an administrative
	penalty and injunctive relief in the same proceeding.
	Sec. 8878.109. WATER SUPPLY OR DROUGHT CONTINGENCY PLANS.
	The authority by rule may develop, prepare, revise, adopt,
	implement, enforce, and manage comprehensive water supply or
	drought contingency plans for the authority, or any portion of the
	authority.
	Sec. 8878.110. GROUNDWATER REDUCTION PLAN. (a) The
	authority may wholly or partly develop, prepare, revise, adopt,
	implement, enforce, manage, or participate in a groundwater
	reduction plan that is applicable only to the authority and one or
	more persons outside the authority. The authority may require that
	any groundwater reduction plan that the authority wholly or partly
	develops, prepares, revises, adopts, implements, enforces, or
	manages or in which the authority participates be the exclusive
	groundwater reduction plan that is binding and mandatory on some or
	all of the territory, persons, or wells located within the
	authority. A groundwater reduction plan may:
	(1) specify the measures to be taken to reduce
	groundwater withdrawals;
	(2) identify alternative sources of water, including
	water from the authority, to be provided to those affected;
	(3) identify the rates, terms, and conditions under
	which alternative sources of water will be provided, which may be
	changed from time to time as considered necessary by the authority;
	(4) specify the dates and extent to which persons or
	districts within the authority's boundaries shall reduce or cease
	reliance on groundwater and accept water from alternative sources,
	including water from the authority;
	(5) include other terms and measures that are
	consistent with the powers and duties of the authority;
	(6) exceed the minimum requirements imposed by the
	Fort Bend Subsidence District or applicable subsidence district,
	including any applicable groundwater reduction requirements; and
	(7) be amended from time to time at the discretion of
	the authority.
	(b) Fees, user fees, rates, and charges of the authority may
	be imposed under this chapter for a person's participation in and
	benefit derived from the authority's groundwater reduction plan, a
	groundwater reduction plan in which the authority participates, or
	the authority's works, projects, improvements, and services to be
	provided by the authority under powers conferred by Section 59,
	Article XVI, Texas Constitution, and this chapter.
	Sec. 8878.111. ACQUISITION, CONSTRUCTION, AND OPERATION OF
	SYSTEMS. (a) The authority may:
	(1) acquire by purchase, gift, lease, contract, or any
	other legal means a water treatment or supply system, or any other
	works, plants, improvements, or facilities necessary or convenient
	to accomplish the purposes of the authority, or any interest of the
	authority, inside or outside the authority's boundaries;
	(2) design, finance, operate, maintain, or construct a
	water treatment or supply system or any other works, plants,
	improvements, or facilities necessary or convenient to accomplish
	the purposes of the authority and provide water services inside or
	outside the authority's boundaries;
	(3) lease or sell a water treatment or supply system or
	any other works, plants, improvements, or facilities necessary or
	convenient to accomplish the purposes of the authority that the
	authority constructs or acquires inside or outside the authority's
	boundaries;
	(4) contract with any person to operate or maintain a
	water treatment or supply system the person owns; or
	(5) acquire water rights under any law or permit.
	(b) The authority may contract, according to terms and
	conditions the board considers desirable, fair, and advantageous,
	with a person outside the authority's boundaries:
	(1) to allow the person, or the person's well, to be
	included in a groundwater reduction plan adopted or implemented
	wholly or partly by the authority or in a groundwater reduction plan
	in which the authority participates;
	(2) to sell water to the person; or
	(3) to sell the person available excess capacity or
	additional capacity of the authority's water treatment or supply
	system.
	(c) The authority by rule may require that the plans and
	specifications of water lines to be constructed within the
	authority that are designed or intended to serve more than one
	district or more than one person owning or holding a well permit
	issued by the Fort Bend Subsidence District or applicable
	subsidence district be approved by the authority before the
	commencement of construction of the water lines.
	Sec. 8878.112. SALE OR REUSE OF WATER OR BY-PRODUCT. The
	authority may store, sell, or reuse:
	(1) water; or
	(2) any by-product from the authority's operations.
	Sec. 8878.113. CONTRACTS. (a) The authority may enter
	into a contract with a person for the performance of a purpose or
	function of the authority, including a contract to design,
	construct, finance, lease, own, manage, operate, or maintain works,
	improvements, facilities, plants, equipment, or appliances
	necessary to accomplish a purpose or function of the authority. A
	contract may be of unlimited duration.
	(b) The authority may purchase, acquire, finance, or lease
	an interest in a project used for a purpose or function of the
	authority.
	(c) The authority may contract for:
	(1) the purchase, sale, or lease of water or water
	rights;
	(2) the performance of activities within the powers of
	the authority through the purchase, construction, or installation
	of works, improvements, facilities, plants, equipment, or
	appliances; or
	(3) the design, construction, ownership, management,
	maintenance, or operation of any works, improvements, facilities,
	plants, equipment, or appliances of the authority or another
	person.
	(d) The authority may purchase surplus property from this
	state, the United States, or another public entity through a
	negotiated contract without bids.
	Sec. 8878.114. COOPERATION WITH AND ASSISTANCE OF OTHER
	GOVERNMENTAL ENTITIES. (a) In implementing this chapter, the
	board may cooperate with and request the assistance of the Texas
	Water Development Board, the commission, the United States
	Geological Survey, the Fort Bend Subsidence District or applicable
	subsidence district, other local governments, and other agencies of
	the United States and this state.
	(b) The Fort Bend Subsidence District or applicable
	subsidence district may enter into an interlocal contract with the
	authority to carry out the authority's purposes and may carry out
	the governmental functions and services specified in the interlocal
	contract.
	(c) For the purpose of reducing costs associated with
	preparing a groundwater reduction plan, the board may consider the
	usefulness of a water supply study or plan prepared by or on behalf
	of the North Fort Bend Water Authority, the Central Harris County
	Regional Water Authority, the North Harris County Regional Water
	Authority, the West Harris County Regional Water Authority, the
	City of Houston, the City of Sugar Land, the City of Missouri City,
	Fort Bend County Water Control and Improvement District No. 2, the
	City of Richmond, the City of Rosenberg, Pecan Grove Municipal
	Utility District, or another governmental entity to the extent the
	study or plan is available and applicable to the authority.
	Sec. 8878.115. GIFTS AND GRANTS. The authority may accept a
	gift or grant from money collected by the Fort Bend Subsidence
	District or applicable subsidence district to fund the
	construction, maintenance, or operation of a water treatment or
	supply system.
	Sec. 8878.116. EXPENDITURES. (a) The authority's money
	may be disbursed only by check, draft, order, federal reserve wire
	system, or other instrument or authorization.
	(b) Disbursements of the authority must be signed by at
	least a majority of the directors. The board by resolution may
	allow the general manager, treasurer, bookkeeper, or other employee
	of the authority to sign disbursements, except as limited by
	Subsection (c).
	(c) The board by resolution may allow disbursements to be
	transferred by federal reserve wire system to accounts in the name
	of the authority without the necessity of any directors signing the
	disbursement. Disbursements of the authority's money by federal
	reserve wire system to any accounts not in the name of the authority
	must be signed by at least a majority of the directors.
	Sec. 8878.117. AD VALOREM TAXATION. The authority may not
	impose an ad valorem tax.
	Sec. 8878.118. EMINENT DOMAIN. (a) The authority may
	acquire by condemnation any land, easements, or other property
	inside the authority's boundaries to further authorized purposes,
	powers, or duties of the authority. The authority may acquire by
	condemnation any land, easements, or other property outside the
	authority's boundaries for the purposes of pumping, storing,
	treating, or transporting water. When exercising the power of
	eminent domain granted by this section, the authority may elect to
	condemn either the fee simple title or a lesser property interest.
	(b) The authority may exercise the power of eminent domain
	in the manner provided by Chapter 21, Property Code. The authority
	is not required to give bond for appeal or bond for costs in a
	condemnation suit or other suit to which it is a party. The
	authority is not required to deposit more than the amount of an
	award in a suit.
	(c) The authority may not use the power of eminent domain
	for the condemnation of land for the purpose of acquiring rights to
	groundwater or for the purpose of acquiring water or water rights.
	Sec. 8878.119. ACTION AGAINST PERSON, DISTRICT, OR
	POLITICAL SUBDIVISION. (a) The authority may bring an action in a
	district court against a person, including a district or other
	political subdivision located in the authority's territory or
	included in the authority's groundwater reduction plan, to:
	(1) recover any fees, rates, charges, collection
	expenses, attorney's fees, interest, penalties, or administrative
	penalties due the authority; or
	(2) enforce the authority's rules or orders.
	(b) Governmental immunity from suit or liability of a
	district or other political subdivision is waived for the purposes
	of an action under this section.
	SUBCHAPTER D. BONDS AND NOTES
	Sec. 8878.151. REVENUE BONDS AND NOTES. (a) The authority
	may issue bonds or notes payable solely from revenue from any
	source, including:
	(1) tolls, charges, rates, fees, and user fees the
	authority imposes or collects;
	(2) the sale of water, water services, water rights or
	capacity, water transmission rights or services, water pumping, or
	any other service or product of the authority provided inside or
	outside the boundaries of the authority;
	(3) grants or gifts;
	(4) the ownership or operation of all or a designated
	part of the authority's works, improvements, facilities, plants, or
	equipment; and
	(5) contracts between the authority and any person.
	(b) Notes issued by the authority may be first or
	subordinate lien notes at the board's discretion.
	(c) In connection with any bonds or notes of the authority,
	the authority may exercise any power of an issuer under Chapter
	1371, Government Code.
	(d) The authority may conduct a public, private, or
	negotiated sale of the bonds or notes.
	(e) The authority may enter into one or more indentures of
	trust to further secure its bonds or notes.
	(f) The authority may issue bonds or notes in more than one
	series as necessary to carry out the purposes of this chapter. In
	issuing bonds or notes secured by revenue of the authority, the
	authority may reserve the right to issue additional bonds or notes
	secured by the authority's revenue that are on a parity with or are
	senior or subordinate to the bonds or notes issued earlier.
	(g) A resolution of the board authorizing the bonds or notes
	or a trust indenture securing the bonds or notes may specify
	additional provisions that constitute a contract between the
	authority and its bondholders or noteholders.
	(h) Bonds and notes may be additionally secured by deed of
	trust or mortgage on any or all of the authority's facilities.
	(i) The authority may issue refunding bonds or notes to
	refund any of its bonds or notes in any manner provided by law.
	(j) Sections 49.153, 49.154, and 49.181, Water Code, do not
	apply to bonds or notes issued by the authority. Commission rules
	regarding bonds or notes do not apply to bonds or notes issued by
	the authority.
	SECTION 2. The West Fort Bend Water Authority initially
	includes the territory that is contained in all five of the
	single-member director precincts described in Section 3 of this Act
	and may contain noncontiguous parcels of land and territory that is
	located within the boundaries of any other governmental entity or
	political subdivision of the state. The following areas are
	specifically excluded from the boundaries of the West Fort Bend
	Water Authority:
	1. Territory included within the boundaries of North Fort Bend
	Water Authority and the West Harris County Regional Water Authority
	as of January 1, 2013; and
	2. Territory included within the corporate limits of the City of
	Houston as of January 1, 2013; and
	3. Territory included within the corporate or extraterritorial
	jurisdiction limits of the following municipalities as of January
	1, 2013:
	a. City of Alvin
	b. City of Arcola
	c. City of Fulshear
	d. City of Missouri City
	e. City of Pearland
	f. City of Richmond
	g. City of Rosenberg
	h. City of Stafford and
	i. City of Sugar Land; and
	4. Territory included within Booth Ranch Municipal Utility
	District as of January 1, 2013; and
	5. All of that land owned by the George Foundation and described in
	Exhibit A of a Memorandum of Agreement between the George
	Foundation and the North Fort Bend Water Authority dated October 1,
	2007 and recorded under Fort Bend County Clerk's File No.
	2008035000; and
	6. Territory included within Fort Bend County Water Control and
	Improvement District No. 2 as of January 1, 2013.
	(2) In SECTION 3 of the bill, strike the Precincts 4 and 5
	descriptions (page 16, line 17, through page 17, line 24), and
	substitute the following:
	Precinct 4
	Description
	PART 1
	BEGINNING at a point in the North line of Brazoria County, same
	being the South line of Fort Bend County and being the intersection
	of said common County line with the centerline of State Highway No.
	36;
	THENCE, Northwesterly and Northerly, along and with the centerline
	of said State Highway No. 36 to the intersection of said centerline
	with the South corporate limits of the City of Rosenberg (all
	references to the corporate limits of the City of Rosenberg are as
	of January 1, 2013);
	THENCE, Southerly and Easterly along and with the Westerly and
	Southerly lines of the South corporate limits of said City of
	Rosenberg and the City of Rosenberg Extraterritorial Jurisdiction
	(all references to the limits of the City of Rosenberg
	Extraterritorial Jurisdiction are as of January 1, 2013) to the
	intersection of said Southerly limits with the West line of the Town
	of Thompsons Extraterritorial Jurisdiction;
	THENCE, Southerly and Easterly, along and with the Westerly and
	Southerly lines of said Town of Thompsons Extraterritorial
	Jurisdiction to the intersection of said Southerly line and the
	centerline of Farm to Market Highway (FM) 762;
	THENCE, in a general Southerly direction, along and with the
	centerline of said FM 762 to the intersection of said centerline
	with the centerline of FM 1462;
	THENCE, Westerly and Southwesterly, along and with the centerline
	of said FM 1462 to the intersection of said centerline with the
	North line of said Brazoria County, same being the South line of
	said Fort Bend County;
	THENCE, Northwesterly, along and with the North line of said
	Brazoria County, same being the South line of said Fort Bend County
	to the POINT OF BEGINNING.
	PART 2
	BEGINNING at the intersection of the centerline of Ricefield Road
	with an interior Southeast line of the City of Rosenberg
	Extraterritorial Jurisdiction, being approximately 4,000 feet
	Southeast from the intersection of the centerline of said Ricefield
	Road with the centerline of FM 2977;
	THENCE, Northeasterly along and with the an interior Southeast line
	of said City of Rosenberg Extraterritorial Jurisdiction to the
	intersection of said Southeast line with a South line in the
	Southeast Corporate limits of said City of Rosenberg;
	THENCE, Easterly along and with the South line of said Southeast
	Corporate limits of said City of Rosenberg to the intersection of
	said South line with an interior West line of the City of Rosenberg
	Extraterritorial Jurisdiction;
	THENCE, Southeast along and with a West line of the City of
	Rosenberg Extraterritorial Jurisdiction to the intersection of
	said West line with the centerline of said Ricefield Road.
	THENCE, Northeasterly along and with the centerline of said
	Ricefield Road to the POINT OF BEGINNING.
	PART 3
	All of that land described as 195 acres in Exhibit A of said
	Memorandum of Agreement and labeled as Tract 4 in Exhibit A-2 of a
	Memorandum of Agreement between the George Foundation and the North
	Fort Bend Water Authority dated October 1, 2007 and recorded under
	Fort Bend County Clerk's File No. 2008035000.
	Precinct 5
	Description
	PART 1
	BEGINNING at a point in the North line of Brazoria County, same
	being the South line of Fort Bend County and being the Southwesterly
	intersection of said common County line with the centerline Farm to
	Market Highway (FM) 1462 and being located approximately 250 feet
	Southwesterly from the intersection of said FM 1462 with Nordt
	Road;
	THENCE, Northeasterly and Easterly, along and with the centerline
	of said FM 1462 to the intersection of said centerline with the
	centerline of FM 762;
	THENCE, in a general Northerly direction, along and with the
	centerline of said FM 762 to the intersection of said centerline
	with a the Southwesterly extension of a Southeast line of that land
	owned by the George Foundation and described as Tract 1 in Exhibit A
	of a Memorandum of Agreement between the George Foundation and the
	North Fort Bend Water Authority dated October 1, 2007 and recorded
	under Fort Bend County Clerk's File No. 2008035000;
	THENCE, Northeasterly over and across the right-of-way of said FM
	762 to a Southerly corner of said Tract 1 in the Northeast
	right-of-way line of said FM 762;
	THENCE, in a general Northeasterly direction along and with the
	Southerly and Easterly lines of said Tract 1 to the intersection of
	said Easterly line with the South line of the City of Sugar Land
	Extraterritorial Jurisdiction (all references to the limits of the
	City of Sugar Land Extraterritorial Jurisdiction are as of January
	1, 2013), same being the north line of the Town of Thompsons
	Extraterritorial Jurisdiction (all references to the limits of the
	Town of Thompsons Extraterritorial Jurisdiction are as of January
	1, 2013);
	THENCE, in a general Southeasterly direction, along and with the
	Northerly and Easterly lines of said Town of Thompsons
	Extraterritorial Jurisdiction and the Northeast corporate limits
	of the Town of Thompsons (all references to the limits of the Town
	of Thompsons are as of January 1, 2013) to the intersection of said
	Easterly line and the North line of line of that land owned by the
	George Foundation and described as Tract 2 in Exhibit A of said
	Memorandum of Agreement;
	THENCE, Westerly, Southerly, and Easterly, along and with the
	Northerly, Westerly, and Southerly lines of said land owned by the
	George Foundation to the West line of the City of Alvin
	Extraterritorial Jurisdiction (all references to the limits of the
	City of Alvin Extraterritorial Jurisdiction are as of January 1,
	2013);
	THENCE, in a general Southerly direction, along and with the West
	line of said City of Alvin Extraterritorial Jurisdiction to a point
	in the centerline of Cow Creek just upstream from its confluence
	with the Brazos River, same being the North line of said Brazoria
	County and the South line of said Fort Bend County;
	THENCE, Westerly, Southerly, and Northwesterly along and with the
	North line of said Brazoria County and the South line of said Fort
	Bend County (said common County line partly being the centerline of
	said Cow Creek) to the POINT OF BEGINNING.
	SAVE AND EXCEPT that land owned by the George Foundation and
	described as Tract 3 and Tract 6 in Exhibit A of said Memorandum of
	Agreement.
	PART 2
	BEGINNING at the intersection of the East corporate limits of the
	City of Rosenberg (all references to the corporate limits of the
	City of Rosenberg are as of January 1, 2013) with the South line of
	said City of Sugar Land Extraterritorial Jurisdiction, and being
	approximately 2,000 feet east of the intersection of said FM 762 and
	FM 2759;
	THENCE, Easterly and Southerly along and with the South and West
	lines of said City of Sugar Land Extraterritorial Jurisdiction to a
	point in the Northeast line of said Tract 1;
	THENCE, Northwesterly along and with the Northeast line of said
	Tract 1 to the to its intersection with said East corporate limits
	of the City of Rosenberg;
	THENCE, Northeasterly, Northwesterly, and Northerly along and with
	said East Corporate Limits to the POINT OF BEGINNING.
	PART 3
	BEGINNING at the intersection of an East line of said City of Sugar
	Land Extraterritorial Jurisdiction with the South line of the Booth
	Ranch Municipal Utility District;
	THENCE, Easterly and Northerly along and with the South and East
	lines of said Booth Ranch Municipal Utility District to the
	intersection of said East line with the South line of said City of
	Sugar Land Extraterritorial Jurisdiction;
	THENCE, Easterly and Southerly along and with the South and West
	lines of said City of Sugar Land Extraterritorial Jurisdiction to
	the intersection of said West line with the North line of said Tract
	1;
	THENCE, in a general Westerly direction along and with the
	Northerly lines of said Tract 1 to the intersection of said North
	line with said East line of the City of Sugar Land Extraterritorial
	Jurisdiction;
	THENCE, Northerly along and with said East line of the City of Sugar
	Land Extraterritorial Jurisdiction to the POINT OF BEGINNING.
	SECTION 3. The West Fort Bend Water Authority includes five
	single-member director precincts as follows:
	Precinct 1
	Description
	BEGINNING at a point in the centerline of the Brazos River, same
	being the East line of Austin County for the common West corner of
	Waller and Fort Bend Counties;
	THENCE, in a general Easterly direction, along and with the South
	line of said Waller County, same being the North line of said Fort
	Bend County to the intersection of said County line with the West
	limits of the City of Fulshear Extraterritorial Jurisdiction (all
	references to the limits of the City of Fulshear Extraterritorial
	Jurisdiction are as of January 1, 2013);
	THENCE, Southerly and Easterly, along and with the West limits of
	said City of Fulshear Extraterritorial Jurisdiction to the
	intersection of an interior South line of said City of Fulshear
	Extraterritorial Jurisdiction with the West line of the North Fort
	Bend Water Authority;
	THENCE, Southerly, along and with the West line of said North Fort
	Bend Water Authority to the intersection of said West line with an
	interior North line of said City of Fulshear Extraterritorial
	Jurisdiction in the centerline of North Fulshear Drive;
	THENCE, Westerly, Southerly, and Easterly, along and with the
	Westerly limits of said City of Fulshear Extraterritorial
	Jurisdiction and partly along and with the Easterly limits of the
	City of Weston Lakes Extraterritorial Jurisdiction (all references
	to the limits of the City of Weston Lakes Extraterritorial
	Jurisdiction are as of January 1, 2013) to a point in the centerline
	of Farm to Market (FM) Highway No. 1093;
	THENCE, Westerly, along and with the centerline of said FM 1093, to
	the intersection of said centerline with the centerline of said
	Brazos River, same being the East line of said Austin County and the
	West line of said Fort Bend County;
	THENCE, in a general Northerly direction, upstream and along and
	with the centerline of said Brazos River, same being the East line
	of said Austin County and the West line of said Fort Bend County to
	the POINT OF BEGINNING.
	Precinct 2
	Description
	BEGINNING at a point in the centerline of the Brazos River, same
	being the East line of Austin County and the West line of said Fort
	Bend County for the intersection of the centerline of said Brazos
	River with the centerline of Farm to Market (FM) Highway No. 1093;
	THENCE, in an Easterly direction, along and with the centerline of
	said FM 1093 to the intersection of said centerline with an interior
	West line of the City of Fulshear Extraterritorial Jurisdiction
	(all references to the limits of the City of Fulshear
	Extraterritorial Jurisdiction are as of January 1, 2013);
	THENCE, in a Southeasterly direction, along and with the West
	limits of said City of Fulshear Extraterritorial Jurisdiction to
	the intersection of said West limits with the West line of the North
	Fort Bend Water Authority;
	THENCE, Southerly and Easterly, along and with the West and South
	lines of said North Fort Bend Water Authority to the intersection of
	the South line of said North Fort Bend Water Authority with the West
	line of the City of Rosenberg Extraterritorial Jurisdiction (all
	references to the limits of the City of Rosenberg Extraterritorial
	Jurisdiction are as of January 1, 2013);
	THENCE, Southerly, along and with the Westerly limits of said City
	of Rosenberg Extraterritorial Jurisdiction to a point in the
	centerline of U.S. Highway 90A;
	THENCE, Westerly, along and with the centerline of U.S. Highway
	90A, to the intersection of said centerline with the centerline of
	the San Bernard River, same being the East line of Wharton County
	and the West line of said Fort Bend County;
	THENCE, in a general Northerly direction and upstream along and
	with the centerline of said San Bernard River, same being the East
	line of said Wharton County and the West line of said Fort Bend
	County to a point for the common West corner of said Austin County
	and said Fort Bend County;
	THENCE, Easterly and Northerly, along and with South and East lines
	of said Austin County, same being an interior North line and the
	West line of said Fort Bend County to a point in the centerline of
	said Brazos River;
	THENCE, in a general Northerly direction, upstream and along and
	with the centerline of said Brazos River, same being the East line
	of said Austin County and the West line of said Fort Bend County to
	the POINT OF BEGINNING.
	Precinct 3
	Description
	PART 1
	BEGINNING at a point in the center of the San Bernard River, same
	being the East line of Wharton County and the West line of Fort bend
	County for the intersection of the centerline of said San Bernard
	River with the centerline of US Highway 90;
	THENCE, in an Easterly Northeast direction, along and with the
	centerline of said US Highway 90 to the intersection of said
	centerline with a Northerly extension of the West right-of-way line
	of Beasley - West End Road, same being an interior West line of the
	City of Rosenberg Extraterritorial Jurisdiction (all references to
	the limits of the City of Rosenberg Extraterritorial Jurisdiction
	are as of January 1, 2013), same also being an interior East line of
	the City of Orchard Extraterritorial Jurisdiction (all references
	to the limits of the City of Orchard Extraterritorial Jurisdiction
	are as of January 1, 2013);
	THENCE, along and with the common line between the Extraterritorial
	Jurisdiction limits of said City of Rosenberg and said City of
	Orchard and along and with the Extraterritorial Jurisdiction
	Boundary Agreement between said cities as established and described
	in City of Orchard Ordinance No. 68-2003 the following courses;
	Southerly along and with the Westerly right-of-way line of
	said Beasley - West End Road to the intersection of said Westerly
	right-of-way line with the Northwesterly right-of-way line of
	Drachenberg Road;
	Southwesterly, along and with the Northwesterly right-of-way
	line of said Drachenberg Road to the intersection of said
	Northwesterly right-of-way line with the Northeasterly
	right-of-way line of Hopkins Road;
	Northwesterly and Westerly, along and with the Northeasterly
	and Northerly line of Hopkins Road to the intersection of said
	Northerly right-of-way line with the East right-of-way of Engle
	Road;
	Southerly, along and with the East right-of-line of said
	Engle Road to the intersection of said East right-of-way line with
	the North right-of-way of Koym Road;
	Westerly, along and with the North right-of-way line of said
	Kyom Road, approximately 4,580 feet to a Northwest corner of the
	limits of said City of Rosenberg Extraterritorial Jurisdiction;
	THENCE, in a general Southerly, Easterly, and Northerly directions,
	along and with the West and South corporate limits of the City of
	Rosenberg (all references to the corporate limits of the City of
	Rosenberg are as of January 1, 2013) and the limits of said City of
	Rosenberg Extraterritorial Jurisdiction to the intersection of the
	South limits of said City of Rosenberg with the intersection of the
	centerline of State Highway No. 36;
	THENCE, Southerly and Southeasterly, along and with the centerline
	of said State Highway No. 36 to a point in the North line of Brazoria
	County, same being the south line of said Fort Bend County;
	THENCE, in a general Southwesterly direction, along and with the
	North line of said Brazoria County, same being the south line of
	said Fort Bend County to a point in the centerline of said San
	Bernard River, same being the Easterly line of said Wharton County
	for the Southwest corner of said Fort Bend County;
	THENCE, in a general Northwesterly direction, upstream and along
	and with the centerline of said San Bernard River, same being the
	Easterly line of said Wharton County and the Westerly line of said
	Fort Bend County to the POINT OF BEGINNING.
	PART 2
	BEGINNING at a point in the centerline of said US Highway 90, being
	the intersection of said centerline with an interior West line of
	the limits of said City of Rosenberg Extraterritorial Jurisdiction
	and being located West Southwesterly along the centerline of said
	US Highway 90 approximately 3,820 feet from the intersection of the
	centerlines of said US Highway 90 and Spencer Road;
	THENCE, Southerly, along and with an interior West line of the
	limits said City of Rosenberg Extraterritorial Jurisdiction to a
	point in the right-of-way of Randon School Road;
	THENCE, Westerly, along and with an interior North line of said City
	of Rosenberg Extraterritorial Jurisdiction and generally along the
	Randon School Road approximately 1,900 feet to an interior corner
	of the limits of said City of Rosenberg Extraterritorial
	Jurisdiction;
	THENCE, Northerly, along and with an interior East line of the
	limits said City of Rosenberg Extraterritorial Jurisdiction to a
	point in the centerline of said US Highway 90;
	THENCE, East Northeasterly, along and with the centerline of said
	US Highway 90 to the POINT OF BEGINNING.
	PART 3
	All of the corporate limits of the City of Beasley and all of that
	land within the limits of the City of Beasley Extraterritorial
	Jurisdiction (all references to the corporate limits of the City of
	Beasley and the limits of the City of Orchard Extraterritorial
	Jurisdiction are as of January 1, 2013.
	Precinct 4
	Description
	BEGINNING at a point in the North line of Brazoria County, same
	being the South line of Fort Bend County and being the intersection
	of said common County line with the centerline of State Highway No.
	36;
	THENCE, Northwesterly and Northerly, along and with the centerline
	of said State Highway No. 36 to the intersection of said centerline
	with the South corporate limits of the City of Rosenberg (all
	references to the corporate limits of the City of Rosenberg are as
	of January 1, 2013);
	THENCE, Southerly, Easterly, and Northerly along and with the
	Southerly and Easterly limits of the South corporate limits of said
	City of Rosenberg and the City of Rosenberg Extraterritorial
	Jurisdiction (all references to the limits of the City of Rosenberg
	Extraterritorial Jurisdiction are as of January 1, 2013) to the
	intersection of said Easterly limits with the centerline of Farm to
	Market Highway (FM) 762;
	THENCE, in a general Southerly direction, along and with the
	centerline of said FM 762 to the intersection of said centerline
	with the centerline of FM 1462;
	THENCE, Westerly and Southwesterly, along and with the centerline
	of said FM 1462 to the intersection of said centerline with the
	North line of said Brazoria County, same being the South line of
	said Fort Bend County;
	THENCE, Northwesterly, along and with the North line of said
	Brazoria County, same being the South line of said Fort Bend County
	to the POINT OF BEGINNING.
	Precinct 5
	Description
	BEGINNING at a point in the North line of Brazoria County, same
	being the South line of Fort Bend County and being the Southwesterly
	intersection of said common County line with the centerline Farm to
	Market Highway (FM) 1462 and being located approximately 250 feet
	Southwesterly from the intersection of said FM 1462 with Nordt
	Road;
	THENCE, Northeasterly and Easterly, along and with the centerline
	of said FM 1462 to the intersection of said centerline with the
	centerline of FM 762;
	THENCE, in a general Northerly direction, along and with the
	centerline of said FM 762 to the intersection of said centerline
	with the East line of the City of Rosenberg Extraterritorial
	Jurisdiction (all references to the limits of the City of Rosenberg
	Extraterritorial Jurisdiction are as of January 1, 2013);
	THENCE, Northeasterly, Southerly, Easterly, and Northerly, along
	and with the East line of said City of Rosenberg Extraterritorial
	Jurisdiction and the East corporate limits of the City of Rosenberg
	(all references to the corporate limits of the City of Rosenberg are
	as of January 1, 2013) to the intersection of said East corporate
	limits with the South line of the City of Sugar Land
	Extraterritorial Jurisdiction (all references to the limits of the
	City of Sugarland Extraterritorial Jurisdiction are as of January
	1, 2013);
	THENCE, in a general Easterly direction, along and with the South
	line of said City of Sugar Land Extraterritorial Jurisdiction to
	the intersection of said South line with the West line of the City
	of Missouri City Extraterritorial Jurisdiction (all references to
	the limits of the City of Missouri City Extraterritorial
	Jurisdiction are as of January 1, 2013);
	THENCE, in a general Southerly direction, along and with the West
	line of said City of Missouri City Extraterritorial Jurisdiction
	and the West corporate limits of the City of Missouri City (all
	references to the corporate limits of the City of Missouri City are
	as of January 1, 2013) to a point for the common West corner of said
	City of Missouri City Extraterritorial Jurisdiction and the City of
	Alvin Extraterritorial Jurisdiction (all references to the limits
	of the City of Alvin Extraterritorial Jurisdiction are as of
	January 1, 2013);
	THENCE, in a general Southerly direction, along and with the West
	line of said City of Alvin Extraterritorial Jurisdiction to a point
	in the centerline of Cow Creek just upstream from its confluence
	with the Brazos River, same being the North line of said Brazoria
	County and the South line of said Fort Bend County;
	THENCE, Westerly, Southerly, and Northwesterly along and with the
	North line of said Brazoria County and the South line of said Fort
	Bend County (said common County line partly being the centerline of
	said Cow Creek) to POINT OF BEGINNING.
	SECTION 4. (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,
	lieutenant governor, and speaker of the house of representatives
	within the required time.
	(d) The general law relating to consent by political
	subdivisions to the creation of districts with conservation,
	reclamation, and road powers and the inclusion of land in those
	districts has been complied with.
	(e) 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 have been
	fulfilled and accomplished.
	SECTION 5. (a) Section 8878.118, Special District Local
	Laws Code, as added by Section 1 of this Act, takes effect only if
	this Act receives a two-thirds vote of all the members elected to
	each house.
	(b) If this Act does not receive a two-thirds vote of all the
	members elected to each house, Subchapter C, Chapter 8878, Special
	District Local Laws Code, as added by Section 1 of this Act, is
	amended by adding Section 8878.118 to read as follows:
	Sec. 8878.118. NO EMINENT DOMAIN POWER. The authority may
	not exercise the power of eminent domain.
	(c) This section is not intended to be an expression of a
	legislative interpretation of the requirements of Subsection (c),
	Section 17, Article I, Texas Constitution.
	SECTION 6. Except as provided by Section 5 of this Act:
	(1) 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; and
	(2) if this Act does not receive the vote necessary for
	immediate effect, this Act takes effect September 1, 2013.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 1870 passed the Senate on
	April 24, 2013, by the following vote: Yeas 29, Nays 1.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 1870 passed the House on
	May 20, 2013, by the following vote: Yeas 147, Nays 0, two
	present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor