| 1 | 1 | | 81R29419 SGA-D |
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| 2 | 2 | | By: Callegari H.B. No. 4792 |
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| 3 | 3 | | Substitute the following for H.B. No. 4792: |
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| 4 | 4 | | By: Corte C.S.H.B. No. 4792 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the powers of the West Harris County Regional Water |
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| 10 | 10 | | Authority. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 4.01(d), Chapter 414, Acts of the 77th |
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| 13 | 13 | | Legislature, Regular Session, 2001, is amended to read as follows: |
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| 14 | 14 | | (d) The following laws [Sections 49.451-49.455, Water |
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| 15 | 15 | | Code,] do not apply to the authority: |
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| 16 | 16 | | (1) Chapter 36, Water Code; |
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| 17 | 17 | | (2) Section 49.052, Water Code; and |
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| 18 | 18 | | (3) Sections 49.451-49.455, Water Code. |
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| 19 | 19 | | SECTION 2. The heading to Section 4.07, Chapter 414, Acts of |
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| 20 | 20 | | the 77th Legislature, Regular Session, 2001, is amended to read as |
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| 21 | 21 | | follows: |
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| 22 | 22 | | Sec. 4.07. CIVIL PENALTY; CIVIL ACTIONS; INJUNCTION. |
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| 23 | 23 | | SECTION 3. Section 4.07, Chapter 414, Acts of the 77th |
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| 24 | 24 | | Legislature, Regular Session, 2001, is amended by adding |
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| 25 | 25 | | Subsections (b-1) and (e) to read as follows: |
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| 26 | 26 | | (b-1) The authority may bring an action in a district court |
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| 27 | 27 | | against a district, other political subdivision, or other person |
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| 28 | 28 | | located in the authority's territory or included in the authority's |
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| 29 | 29 | | groundwater reduction plan to: |
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| 30 | 30 | | (1) recover any fees, rates, charges, assessments, |
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| 31 | 31 | | collection expenses, attorney's fees, interest, penalties, or |
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| 32 | 32 | | administrative penalties due the authority; or |
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| 33 | 33 | | (2) enforce the authority's rules or orders. |
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| 34 | 34 | | (e) Governmental immunity from suit or liability of a |
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| 35 | 35 | | district or other political subdivision is waived for the purposes |
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| 36 | 36 | | of an action described by Subsection (b-1) of this section. |
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| 37 | 37 | | SECTION 4. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2009. |
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