Texas 2009 - 81st Regular

Texas House Bill HB2666 Compare Versions

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1	1	H.B. No. 2666
2	2
3	3
4	4	AN ACT
5	5	relating to the authority of the Lower Neches Valley Authority to
6	6	acquire, own, operate, maintain, and improve the Devers Canal
7	7	System, its water rights, and associated property.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 63, Acts of the 43rd Legislature, 1st
10	10	Called Session, 1933, is amended by adding Section 13C to read as
11	11	follows:
12	12	Sec. 13C. (a) In this section:
13	13	(1) "Canal system" means the canal system and
14	14	associated properties generally known as the Devers Canal System.
15	15	(2) "Commission" means the Texas Commission on
16	16	Environmental Quality.
17	17	(3) "Navigation district" means the Chambers-Liberty
18	18	Counties Navigation District.
19	19	(b) The district may:
20	20	(1) acquire, own, operate, maintain, and improve the
21	21	canal system; and
22	22	(2) enlarge and extend the canal system east of the
23	23	Trinity River in Chambers, Liberty, and Jefferson Counties.
24	24	(c) The district may own the water rights and appropriate
25	25	and divert water of this state under the permits and contracts
26	26	previously owned by and acquired from the Devers Canal Rice
27	27	Producers Association, Inc.
28	28	(d) Except as provided by Subsection (e) of this section,
29	29	the district may distribute, sell, and use water of this state for
30	30	any purpose approved by the commission.
31	31	(e) Before entering into a contract to sell or provide water
32	32	for any use other than irrigation in Chambers County outside the
33	33	district's boundaries that the navigation district had authority to
34	34	provide or sell under the navigation district's water rights on
35	35	May 1, 2009, the district must:
36	36	(1) send to the navigation district a written notice
37	37	of intent to sell or provide water for nonirrigation use in Chambers
38	38	County outside the district's boundaries; and
39	39	(2) allow the navigation district 30 days to exercise
40	40	a right of first refusal to provide the water.
41	41	(f) Not later than the 30th day after the date the
42	42	navigation district receives the notice of intent under Subsection
43	43	(e) of this section, the navigation district may exercise its right
44	44	of first refusal under Subsection (e) of this section by delivering
45	45	to the district notice that it intends to exercise that right.
46	46	(g) The district may enter into a contract described by
47	47	Subsection (e) of this section only if the navigation district:
48	48	(1) fails to comply with Subsection (f) of this
49	49	section; or
50	50	(2) complies with Subsection (f) of this section and
51	51	does not enter into a contract to sell or otherwise provide water
52	52	for the use described by the district's notice of intent under
53	53	Subsection (e) of this section before the expiration of four months
54	54	after the date the navigation district receives the notice of
55	55	intent.
56	56	SECTION 2. This Act takes effect immediately if it receives
57	57	a vote of two-thirds of all the members elected to each house, as
58	58	provided by Section 39, Article III, Texas Constitution. If this
59	59	Act does not receive the vote necessary for immediate effect, this
60	60	Act takes effect September 1, 2009.
61	61	______________________________ ______________________________
62	62	President of the Senate Speaker of the House
63	63	I certify that H.B. No. 2666 was passed by the House on April
64	64	8, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not
65	65	voting.
66	66	______________________________
67	67	Chief Clerk of the House
68	68	I certify that H.B. No. 2666 was passed by the Senate on April
69	69	30, 2009, by the following vote: Yeas 31, Nays 0.
70	70	______________________________
71	71	Secretary of the Senate
72	72	APPROVED: _____________________
73	73	Date
74	74	_____________________
75	75	Governor