81R23612 SGA-F
By: Callegari H.B. No. 4792
A BILL TO BE ENTITLED
AN ACT
relating to the powers of the West Harris County Regional Water
Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4.03, Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, is amended by adding Subsection
(k) to read as follows:
(k) The authority may bring an action to recover from a
district, other local government, or other person included in the
authority's jurisdiction or groundwater reduction plan any fees,
charges, assessments, collection expenses, attorney's fees,
interest, or civil or other penalties due the authority or any
amount spent by the authority to enforce the authority's rules or
orders. With respect to a district or other local government,
sovereign and governmental immunity from suit and liability is
waived for the purpose of adjudicating an action described by this
subsection.
SECTION 2. Section 1.08, Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, is amended by amending
Subsection (b) and adding Subsection (c) to read as follows:
(b) This Act does not prevail over or preempt a provision of
Chapter 8801, Special District Local Laws Code, Chapter 1045, Acts
of the 71st Legislature, Regular Session, 1989 [Chapter 151, Water
Code], or Chapter 36, Water Code, that is being implemented by a
[the] subsidence district.
(c) Chapter 36, Water Code, does not apply to the authority.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.