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