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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers of certain public utility agencies; granting |
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the power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 572, Local Government |
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Code, is amended by adding Sections 572.0585 and 572.0586 to read as |
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follows: |
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Sec. 572.0585. POWERS IN CERTAIN COUNTIES. Notwithstanding |
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Section 572.058(a), in a county with fewer than one million utility |
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connections, a public utility agency may: |
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(1) own, hold, lease, or otherwise acquire water; |
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(2) build, operate, or maintain pipelines to transport |
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water or wastewater; |
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(3) build and operate plants and equipment necessary |
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to distribute water or to treat and dispose of wastewater; |
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(4) sell water or provide wastewater services to a |
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political subdivision, a private corporation, or an individual; |
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(5) establish and enforce reasonable customer water |
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conservation practices and prohibit excessive or wasteful customer |
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uses of potable water; and |
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(6) acquire, for the use and benefit of the agency, |
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land, easements, and property by purchase. |
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Sec. 572.0586. EMINENT DOMAIN IN CERTAIN COUNTIES. (a) In |
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a county with fewer than one million utility connections, a public |
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utility agency has the power of eminent domain to be exercised in |
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the manner provided by this section. The public utility agency may |
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acquire by condemnation, for the use and benefit of the agency, |
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land, easements, and property inside or outside the boundaries of |
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the certificated service area of the public utility agency, |
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necessary for water, sanitary sewer, storm drainage, or flood |
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drainage or control purposes or for any other of its projects or |
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purposes. The public utility agency may elect to condemn either the |
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fee simple title or a lesser property interest. |
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(b) The power of eminent domain shall be exercised in the |
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manner provided in Chapter 21, Property Code, except that the |
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public utility agency is not required to: |
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(1) give bond for appeal or bond for costs in any |
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condemnation suit or other suit to which it is a party; or |
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(2) deposit more than the amount of any award in any |
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suit. |
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(c) The power of eminent domain may not be used for the |
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condemnation of land for the purpose of acquiring rights to |
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underground water or of water or water rights. |
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SECTION 2. Section 572.0586, Local Government Code, as |
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added by this Act, takes effect only if this Act receives a |
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two-thirds vote of all the members elected to each house. |
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SECTION 3. 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, 2023. |