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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the West Harris County Regional |
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Water Authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.06, Chapter 414, Acts of the 77th |
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Legislature, Regular Session, 2001, is amended by adding Subsection |
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(g) to read as follows: |
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(g) Notwithstanding any provision of this section or other |
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law, no territory may be annexed into or added to the authority |
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that, at the time of annexation or addition, is located within the |
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boundaries of both: |
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(1) another regional water authority created under |
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Section 59, Article XVI, Texas Constitution; and |
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(2) a subsidence district. |
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SECTION 2. Section 4.01, Chapter 414, Acts of the 77th |
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Legislature, Regular Session, 2001, is amended by adding Subsection |
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(e) to read as follows: |
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(e) The authority is not a special water authority for |
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purposes of Chapter 49, Water Code. |
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SECTION 3. Section 4.04, Chapter 414, Acts of the 77th |
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Legislature, Regular Session, 2001, is amended to read as follows: |
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Sec. 4.04. PURCHASE OF WATER FROM ANOTHER ENTITY. If the |
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authority purchases water from another entity for resale to local |
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governments, the authority shall use its best efforts in |
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negotiating with the entity to determine the amount of capital |
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costs included in any rates or charges paid by the authority. The |
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authority shall determine the amount of expected capital costs of |
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its own system. The authority may [shall] provide each district or |
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municipality within its boundaries information regarding the share |
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of the capital costs to be paid by the district or municipality, as |
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determined by the authority, and may [shall] provide each district |
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or municipality the opportunity, in a manner and by a procedure |
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determined by the authority, to fund its share of the capital costs |
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with proceeds from the sale of bonds or fees and charges collected |
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by the districts or municipalities. In complying with this |
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section, the authority may use any reasonable basis to calculate |
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from time to time the share of the capital costs of a district or |
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municipality. The authority may calculate the shares of the |
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capital costs based on the amount of water used within the authority |
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by the district or municipality during the calendar year preceding |
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the year in which the calculation is made, and the authority may |
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exclude from the calculation the amount of water used within Fort |
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Bend County if the authority did not charge a fee under Section |
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4.03(b) of this Act on wells within Fort Bend County during that |
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calendar year. A district or municipality may use any lawful source |
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of revenue, including bond funds, to make payment for any sums due |
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to the authority. The authority may adopt a procedure by which a |
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district or municipality may receive a credit from the authority. |
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The board may adopt any other procedure necessary to accomplish the |
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goals of this section. This section or any failure to comply with |
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this section does not limit or impede the authority's ability to |
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issue bonds or notes or invalidate any fees, user fees, charges, |
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rates, or special assessments imposed by the authority. |
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SECTION 4. Except as provided by this Act, the West Harris |
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County Regional Water Authority retains all the rights, powers, |
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privileges, authority, duties, and functions that it had before the |
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effective date of this Act. |
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SECTION 5. (a) The legislature validates and confirms all |
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acts and proceedings of the board of directors of the West Harris |
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County Regional Water Authority that were taken before the |
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effective date of this Act. |
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(b) Subsection (a) of this section does not apply to any |
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matter that on the effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final |
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judgment of a court; or |
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(2) has been held invalid by a final judgment of a |
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court. |
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SECTION 6. Section 1.06(g), Chapter 414, Acts of the 77th |
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Legislature, Regular Session, 2001, as added by this Act, applies |
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only to an annexation or addition of land that is completed on or |
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after the effective date of this Act. An annexation or addition of |
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land that is completed before the effective date of this Act is |
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governed by the law in effect on the date the annexation or addition |
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was completed, and the former law is continued in effect for that |
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purpose. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |