81R5456 PMO-D
By: Smithee H.B. No. 3819
A BILL TO BE ENTITLED
AN ACT
relating to limits on the purpose and power of a fresh water supply
district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 53.001, Water Code, is amended by adding
Subdivision (4) to read as follows:
(4) "Commission" means the Texas Commission on
Environmental Quality.
SECTION 2. Section 53.101, Water Code, is amended to read as
follows:
Sec. 53.101. PURPOSE OF DISTRICT. Fresh water supply
districts may be created to conserve, transport, and distribute
fresh water within or to the district from any sources for domestic
and commercial purposes.
SECTION 3. Subchapter D, Chapter 53, Water Code, is amended
by adding Section 53.108 to read as follows:
Sec. 53.108. LIMITATION ON USE OF EMINENT DOMAIN POWER;
REQUIRED APPROVALS. (a) A district may not exercise the power of
eminent domain to acquire land, an easement, or other property that
is located more than five miles outside the district's boundaries
unless:
(1) the commissioners court in the county in which the
eminent domain power is to be exercised, after notice and hearing,
officially approves the exercise; and
(2) after approval by the commissioners court, the
commission issues an order approving the district's application to
exercise that power.
(b) A district that seeks commission approval for the
district's planned exercise of eminent domain power:
(1) shall submit to the commission a written
application for approval of the exercise of that power; and
(2) shall provide notice of the application in the
manner prescribed by the commission.
(c) After publication of notice, an opportunity for public
comment, and an opportunity for public hearing on an application
under this section, the commission may issue an order approving the
application if the commission finds that:
(1) the requested exercise of the power of eminent
domain is necessary and serves a purpose for which the district was
created; and
(2) granting the request will serve the public
interest.
(d) The commission by rule shall establish procedures for
public notice and hearing of applications under this section. The
procedures must include provision of notice to elected state and
local officials who represent residents of the district and of the
property proposed for condemnation.
(e) This section applies to a fresh water supply district
and a district that converts from a fresh water supply district to
another type of district.
SECTION 4. Section 53.108, Water Code, as added by this Act,
applies only to an exercise of the power of eminent domain by a
fresh water supply district for which a condemnation petition is
filed on or after January 1, 2010. An exercise of the power of
eminent domain by a fresh water supply district for which a
condemnation petition is filed before January 1, 2010, is governed
by the law in effect on the date the condemnation petition is filed,
and that law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2009.