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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of the ownership rights of the City of |
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Nacogdoches in the Central Heights Water System to the Angelina and |
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Neches River Authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEFINITIONS. In this Act: |
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(1) "Authority" means the Angelina and Neches River |
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Authority. |
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(2) "City" means the City of Nacogdoches. |
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SECTION 2. TRANSFER OF WATER SYSTEM. (a) Notwithstanding |
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Section 1502.055, Government Code, not later than 180 days from the |
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effective date of this Act, the city shall enter into a contract |
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with the authority to transfer the city's ownership interests in |
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the Central Heights Water System that is north of the intersection |
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of U.S. Highway 59 and U.S. Highway 259 to the authority, including |
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the assets and service area portion of the city's water system. |
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(b) On the date of execution of the contract under |
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Subsection (a): |
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(1) the geographic territory of the Central Heights |
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Water System shall be incorporated into the authority's certificate |
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of convenience and necessity; and |
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(2) all real property, easements, appurtenances, |
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conveyance systems, transmission and treatment systems, designated |
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rights-of-way, and other property interests of the city related to |
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the Central Heights Water System are transferred to the authority |
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unless specifically reserved to the city in the contract agreed to |
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under Subsection (a). |
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(c) Following the transfer under Subsection (b), the |
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governing body of the city shall notify the Texas Commission on |
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Environmental Quality of the transfer of the Central Heights Water |
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System to the authority. |
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(d) On receipt of notice under Subsection (c), the Texas |
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Commission on Environmental Quality shall note the transfer of the |
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Central Heights Water System to the authority in its records. A |
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person, party, or entity does not have any right of protest, |
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objection, or administrative review of the transfer described by |
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this Act. |
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SECTION 3. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2023. |