Texas 2009 - 81st Regular

Texas House Bill HB4804 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R11251 HLT-F
2	2	By: Eissler H.B. No. 4804
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of the San Jacinto River
8	8	Authority; providing authority to issue bonds; imposing an
9	9	administrative penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 426, Acts of the 45th Legislature,
12	12	Regular Session, 1937, is amended by adding Sections 10A, 11, 11A,
13	13	11B, 11C, 11D, 11E, 11F, 11G, 11H, 11I, 11J, 11K, 11L, 11M, 11N,
14	14	11O, 11P, and 11Q to read as follows:
15	15	Sec. 10A. (a) In this section:
16	16	(1) "Public security" has the meaning assigned by
17	17	Section 1201.002, Government Code.
18	18	(2) "Credit agreement," "security agreement," and
19	19	"security interest" have the meanings assigned by Section 1208.001,
20	20	Government Code.
21	21	(b) The Authority may issue, sell, and deliver public
22	22	securities in the manner provided by this section or other law,
23	23	including Chapter 1371, Government Code, to finance or pay for any
24	24	project, improvement, program, plan, or purpose of the Authority or
25	25	to refund or refinance any public security.
26	26	(c) Except as provided by Subsection (d) of this section,
27	27	public securities of the Authority may be sold by the Board or an
28	28	officer or employee of the Authority, if authorized by the Board, at
29	29	public or private sale in the form, at the price, on the terms, and
30	30	at the interest rate or rates, whether fixed, variable, floating,
31	31	adjustable, or otherwise, as the Board determines is appropriate.
32	32	(d) The net effective interest rate on public securities
33	33	described by Subsection (c) of this section may not exceed the
34	34	maximum rate allowed by law.
35	35	(e) Without the necessity for an election, public
36	36	securities of the Authority may be made payable from any designated
37	37	portion or combination of revenue, receipts, fees, user fees,
38	38	rates, charges, special assessments, contract revenue, income,
39	39	proceeds of refunding public securities, or funds from any source
40	40	other than ad valorem taxes.
41	41	(f) Public securities of the Authority payable wholly or
42	42	partly from ad valorem taxes may be issued only after approval by a
43	43	majority of the voters of all or a defined area of the Authority
44	44	voting at an election held for that purpose. The Board may hold an
45	45	election in all or a defined area of the Authority for the purpose
46	46	described by this subsection.
47	47	(g) Public securities of the Authority may be secured by a
48	48	security agreement or credit agreement, or both, and with the
49	49	security interest or interests, other than a mortgage interest on
50	50	real property, and the parity or priority of pledge and lien as the
51	51	Board determines is appropriate.
52	52	Sec. 11. In Sections 11A, 11B, 11C, 11D, 11E, 11F, 11G, 11H,
53	53	11I, 11J, 11K, 11L, 11M, 11N, 11O, 11P, and 11Q of this Act:
54	54	(1) "Authority" means the San Jacinto River Authority.
55	55	(2) "Board" means the board of directors of the
56	56	Authority.
57	57	(3) "District" means any district or authority created
58	58	under Section 52(b)(1) or (2), Article III, or Section 59, Article
59	59	XVI, Texas Constitution, regardless of the manner of creation,
60	60	other than:
61	61	(A) the Lone Star Groundwater Conservation
62	62	District;
63	63	(B) a navigation district or a port authority; or
64	64	(C) a district that does not have the legal
65	65	authority to provide retail water service.
66	66	(4) "Groundwater reduction plan" means a plan adopted
67	67	or implemented by the Authority under Section 11A of this Act and
68	68	any related water supply plan, water conservation plan, or drought
69	69	contingency plan of the Authority.
70	70	(5) "Local government" means a municipality, county,
71	71	district, or other political subdivision of this state or a
72	72	combination of two or more of those entities.
73	73	(6) "Participant" means a regulated user
74	74	participating in the groundwater reduction plan.
75	75	(7) "Person" means an individual, corporation,
76	76	organization, government or governmental subdivision or agency,
77	77	district, local government, business trust, estate, trust,
78	78	partnership, association, or other legal entity.
79	79	(8) "Regulated user" means a person, other than a
80	80	person that owns or operates a single groundwater well serving not
81	81	more than one single-family residential dwelling or unit, who is
82	82	subject to any rule, order, or requirement of the Lone Star
83	83	Groundwater Conservation District imposing groundwater withdrawal
84	84	reductions.
85	85	Sec. 11A. (a) Consistent with the purposes of Section 59,
86	86	Article XVI, Texas Constitution, the Authority may provide for the
87	87	conservation, preservation, protection, recharge, and prevention
88	88	of waste of groundwater and for the reduction of groundwater
89	89	withdrawals by developing, adopting, implementing, and enforcing a
90	90	groundwater reduction plan as necessary in the discretion of the
91	91	Authority to comply with the applicable rules, orders, or
92	92	requirements of the Lone Star Groundwater Conservation District.
93	93	(b) The groundwater reduction plan described by Subsection
94	94	(a) of this section may:
95	95	(1) specify measures to be taken by regulated users to
96	96	reduce groundwater withdrawals;
97	97	(2) identify alternative sources of water, including
98	98	water from the Authority, to be provided to regulated users;
99	99	(3) identify or estimate the rates and terms under
100	100	which alternative sources of water will be provided, which may be
101	101	changed as considered necessary by the Authority;
102	102	(4) specify the dates by which and the extent to which
103	103	participants must reduce or cease usage of groundwater and accept
104	104	water from alternative sources, including water from the Authority;
105	105	(5) exceed the minimum requirements imposed by the
106	106	Lone Star Groundwater Conservation District, including any
107	107	applicable groundwater reduction requirements;
108	108	(6) provide that the groundwater reduction plan is the
109	109	exclusive groundwater reduction plan that is binding and mandatory
110	110	on participants;
111	111	(7) limit, prohibit, or permit the export of
112	112	groundwater from or the importation of water from any source to
113	113	participants;
114	114	(8) include other terms and measures that are
115	115	consistent with the powers and duties of the Authority; and
116	116	(9) be amended at the discretion of the Authority.
117	117	Sec. 11B. The Authority by rule may develop, adopt,
118	118	implement, revise as necessary, and enforce a comprehensive water
119	119	supply plan, a water conservation plan, or a drought contingency
120	120	plan for participants.
121	121	Sec. 11C. For the purpose of implementing Section 11A of
122	122	this Act, the Authority may take any actions necessary or
123	123	convenient to:
124	124	(1) design, finance, construct, acquire by purchase,
125	125	gift, lease, contract, or other means, operate, maintain, repair,
126	126	improve, or extend a water treatment or water supply system,
127	127	including taking any actions necessary or convenient for those
128	128	purposes with regard to:
129	129	(A) any addition to such a system;
130	130	(B) all land, improvements, facilities, plants,
131	131	equipment, and appliances needed in connection with such a system;
132	132	(C) any interests in property, water rights or
133	133	contract rights for water supply, regional, regulatory or joint use
134	134	participation rights, or other contract rights needed in connection
135	135	with such a system; and
136	136	(D) administrative facilities needed in
137	137	connection with such a system;
138	138	(2) notwithstanding any provision of law or of a
139	139	municipal charter to the contrary, enter into contracts with
140	140	persons inside or outside the Authority's boundaries on terms the
141	141	Board considers desirable, fair, and advantageous for the exercise
142	142	of the rights, powers, privileges, and functions provided by this
143	143	Act;
144	144	(3) allocate water among participants;
145	145	(4) coordinate water services provided by or among
146	146	participants;
147	147	(5) except as provided by Section 11E of this Act,
148	148	provide wholesale and retail water services to any participant by
149	149	order, rule, or policy or on open account, without executing a
150	150	written contract with the participant;
151	151	(6) store, sell, or reuse water or any by-product from
152	152	the operation of the Authority's water systems;
153	153	(7) adopt and enforce rules and administrative
154	154	policies reasonably required to implement this section and Sections
155	155	11A, 11B, 11D, 11E, 11F, 11G, 11H, 11I, 11J, 11K, 11L, 11M, 11N,
156	156	11O, 11P, and 11Q of this Act, including rules governing procedures
157	157	before the Board and regarding the groundwater reduction plan; and
158	158	(8) otherwise administer and enforce the sections of
159	159	this Act described by Subdivision (7) of this section.
160	160	Sec. 11D. To facilitate the implementation of a groundwater
161	161	reduction plan, the Authority may:
162	162	(1) establish and maintain one or more separate
163	163	operating divisions of the Authority with separate books of
164	164	account;
165	165	(2) contract for, lease, or purchase by and for an
166	166	operating division services, land, equipment, and facilities,
167	167	including administrative and management services and facilities,
168	168	and water and water by-products, from:
169	169	(A) the Authority;
170	170	(B) one or more other operating divisions of the
171	171	Authority; or
172	172	(C) other persons; and
173	173	(3) allocate to an operating division a proportional
174	174	share of the direct and indirect costs of the Authority's general
175	175	and administrative, managerial, accounting, legal, fiscal,
176	176	clerical, human resources, support, and technical services.
177	177	Sec. 11E. (a) For purposes of this section, the boundaries
178	178	of a municipality include territory in the extraterritorial
179	179	jurisdiction of the municipality.
180	180	(b) The Authority may not provide retail water service to a
181	181	person located in the boundaries or certificated area of a
182	182	district, municipality, or retail public utility participating in
183	183	the Authority's groundwater reduction plan on the date the
184	184	Authority awards a contract for the construction or executes a
185	185	contract for the acquisition of water supply facilities to serve
186	186	that retail user unless:
187	187	(1) the district, municipality, or retail public
188	188	utility consents in writing to the Authority's provision of retail
189	189	water service; or
190	190	(2) the retail water user is a regulated user, the
191	191	Authority has provided the district, municipality, or retail public
192	192	utility with written notice of the request for service from the
193	193	retail water user, the Authority has provided the district,
194	194	municipality, or retail public utility with reasonable opportunity
195	195	to negotiate an agreement for the requested service with the retail
196	196	water user, and the district, municipality, or retail public
197	197	utility has not entered into an agreement for the requested service
198	198	with the retail water user on or before the 120th day after the date
199	199	the Authority provides the district, municipality, or retail public
200	200	utility with written notice of the request for service from the
201	201	retail water user.
202	202	(c) If a retail water user that does not own or operate a
203	203	groundwater well is added to the boundaries or certificated area of
204	204	a district, municipality, or retail public utility after the date
205	205	the Authority awards a contract for the construction or executes a
206	206	contract for the acquisition of water supply facilities to serve
207	207	that retail water user and the district, municipality, or retail
208	208	public utility is a participant, the Authority may provide retail
209	209	water service to that retail water user without consent.
210	210	Sec. 11F. Except as otherwise provided by this Act, all
211	211	regulated users located wholly or partly in Montgomery County on
212	212	the effective date of this section are initially included in the
213	213	groundwater reduction plan and the Authority has jurisdiction to
214	214	enforce the rights, powers, privileges, and functions described by
215	215	this section and Sections 11A, 11B, 11C, 11D, 11E, 11G, 11H, 11I,
216	216	11J, 11K, 11L, 11M, 11N, 11O, 11P, and 11Q of this Act with respect
217	217	to those regulated users.
218	218	Sec. 11G. (a) A regulated user that, on the effective date
219	219	of this section, is included as a participant in the groundwater
220	220	reduction plan may file with the Authority a duly authorized and
221	221	executed petition requesting to be excluded from the groundwater
222	222	reduction plan.
223	223	(b) Not later than the 120th day after the later of the dates
224	224	described by Subdivisions (2)(A) and (B) of this subsection, the
225	225	Board shall grant a petition filed under Subsection (a) of this
226	226	section and order the regulated user excluded from the groundwater
227	227	reduction plan if the petition:
228	228	(1) includes an accurate legal description of the
229	229	boundaries of the regulated user's service area or a description or
230	230	map that sufficiently identifies the area proposed to be excluded;
231	231	and
232	232	(2) is filed with the Board not later than the 120th
233	233	day after the later of:
234	234	(A) the effective date of this section; or
235	235	(B) the effective date of any final rule, order,
236	236	or requirement of the Lone Star Groundwater Conservation District
237	237	that is adopted and effective on or after the effective date of this
238	238	Act and that imposes groundwater withdrawal reductions applicable
239	239	to the regulated user.
240	240	(c) The Authority may impose but may not enforce the
241	241	collection of fees, user fees, rates, charges, or special
242	242	assessments on a regulated user while a petition for exclusion
243	243	filed by the regulated user is pending with the Authority or after
244	244	the petition is granted.
245	245	(d) If a regulated user is excluded from the groundwater
246	246	reduction plan as provided by this section, the Authority may not
247	247	include the regulated user in any groundwater reduction plan
248	248	adopted or implemented by the Authority unless the regulated user
249	249	is subsequently added to the Authority's groundwater reduction plan
250	250	as provided by Section 11H of this Act.
251	251	(e) After the period for filing a petition for exclusion
252	252	under this section has expired, the Authority may exclude a
253	253	regulated user from the groundwater reduction plan, at its sole
254	254	discretion and on terms the Board considers appropriate, if the
255	255	regulated user files with the Board a duly authorized and executed
256	256	petition requesting to be excluded.
257	257	(f) This section does not limit the power of the Authority
258	258	to exclude a regulated user from the groundwater reduction plan,
259	259	without the filing of a petition, as provided by Section 11M of this
260	260	Act.
261	261	Sec. 11H. (a) A person that becomes a regulated user after
262	262	the expiration of the period for filing a petition for exclusion
263	263	under Section 11G of this Act becomes a participant without further
264	264	action by the Authority or the person. The Authority and the Lone
265	265	Star Groundwater Conservation District may enter into an agreement
266	266	to provide information to the Authority reasonably necessary to
267	267	identify and contact participants described by this section. The
268	268	Authority by rule may require a participant to provide to the
269	269	Authority any necessary documents pertaining to the participant's
270	270	service area and the actual or projected water demands of the
271	271	service area.
272	272	(b) A regulated user excluded from the Authority's
273	273	groundwater reduction plan under Section 11G of this Act may
274	274	subsequently file with the Board a duly authorized and executed
275	275	petition requesting the addition of all or part of the regulated
276	276	user's service area to the groundwater reduction plan. The
277	277	petition must include an accurate legal description of the
278	278	boundaries of the regulated user's service area or a description or
279	279	map that sufficiently identifies the area proposed to be added. The
280	280	Authority may grant a petition filed under this section in its sole
281	281	discretion and on terms the Board considers appropriate.
282	282	(c) The Authority may require a regulated user whose service
283	283	area is added to the groundwater reduction plan under Subsection
284	284	(b) to pay to the Authority any fees, user fees, charges, and
285	285	special assessments, with interest, as determined by the Authority,
286	286	that the regulated user would have been obligated to pay to the
287	287	Authority if the regulated user had not been excluded. If the
288	288	Authority has outstanding or unissued bonds, notes, or other
289	289	obligations to finance the costs of the Authority's provision of
290	290	water supply facilities and services under the groundwater
291	291	reduction plan, the petition is considered to constitute the
292	292	election and agreement of the petitioner to assume its pro rata
293	293	share of the principal of and interest on the outstanding or
294	294	unissued bonds, notes, or other obligations.
295	295	(d) Subsections (b) and (c) of this section do not apply to
296	296	an annexation to, or expansion of, a participant's boundaries,
297	297	extraterritorial jurisdiction, or service area, notwithstanding
298	298	that the annexation or expansion may include, wholly or partly,
299	299	territory that is currently located in or was previously located in
300	300	the boundaries or service area of a regulated user excluded from the
301	301	groundwater reduction plan under Section 11G of this Act.
302	302	(e) The Authority by rule may require participants to
303	303	provide to the Authority written notice of the effective date of an
304	304	annexation to, or expansion of, the participant's boundaries or
305	305	service area and copies of any necessary documents, descriptions,
306	306	maps, and information regarding the projected or actual water
307	307	demands of the annexed land or expanded boundaries or service area.
308	308	Except to the extent otherwise provided by rule, order, or written
309	309	agreement of the Authority, an annexation or expansion described by
310	310	this subsection with regard to a participant does not affect:
311	311	(1) the Authority's power and authority inside or
312	312	outside the expanded boundaries or service area of the participant;
313	313	(2) the groundwater reduction plan or contracts
314	314	entered into by the Authority; or
315	315	(3) the Authority's authority to assess fees, user
316	316	fees, rates, charges, or special assessments inside or outside the
317	317	expanded boundaries or service area of the participant.
318	318	(f) The addition of territory to the groundwater reduction
319	319	plan under this section does not affect the validity of the
320	320	Authority's bonds, notes, or other obligations authorized, issued,
321	321	or incurred before or after the addition.
322	322	Sec. 11I. (a) The Authority may establish fees, user fees,
323	323	rates, and charges for a regulated user's participation in and
324	324	benefit derived from the groundwater reduction plan that are
325	325	sufficient to:
326	326	(1) achieve water conservation;
327	327	(2) prevent waste of water;
328	328	(3) serve as a disincentive to pumping groundwater;
329	329	(4) develop, implement, or enforce a groundwater
330	330	reduction plan;
331	331	(5) accomplish the purposes described by this section
332	332	and Sections 11A, 11B, 11C, 11D, 11E, 11F, 11G, 11H, 11J, 11K, 11L,
333	333	11M, 11N, 11O, 11P, and 11Q of this Act, including making available
334	334	alternative water supplies;
335	335	(6) cover the Authority's administrative, operations,
336	336	and maintenance expenses relating to the groundwater reduction
337	337	plan;
338	338	(7) pay the principal of and interest on notes, bonds,
339	339	and other obligations issued or incurred or to be issued or incurred
340	340	in connection with the exercise of the Authority's rights, powers,
341	341	privileges, and functions under the sections of this Act described
342	342	by Subdivision (5) of this subsection;
343	343	(8) satisfy all rate covenants relating to the
344	344	issuance of notes, bonds, and other obligations; and
345	345	(9) establish, accumulate, maintain, or replenish one
346	346	or more operating, debt service, contingency, or emergency reserve
347	347	funds, as considered necessary by the Authority.
348	348	(b) In addition to the authority provided by Subsection (a)
349	349	of this section, the Authority may impose rates, fees, user fees, or
350	350	charges for the importation of water by a participant.
351	351	(c) The Authority may establish fees, user fees, rates, and
352	352	charges applicable to any participant and make reasonable
353	353	classifications of participants for purposes of the fees, rates,
354	354	and charges as considered necessary by the Authority to implement
355	355	and enforce the plans, powers, and authority provided by this
356	356	section and Sections 11A, 11B, 11C, 11D, 11E, 11F, 11G, 11H, 11J,
357	357	11K, 11L, 11M, 11N, 11O, 11P, and 11Q of this Act.
358	358	(d) Among other criteria and classifications, the Authority
359	359	may charge a participant a fee or user fee based on the amount of
360	360	water withdrawn from the participant's groundwater well. If
361	361	ownership of a groundwater well changes, the prior and subsequent
362	362	owners are liable to the Authority as participants, jointly and
363	363	severally, for all fees and user fees imposed by the Authority under
364	364	this Act and any related penalties and interest for water withdrawn
365	365	from the groundwater well before the change in ownership.
366	366	(e) The Board shall make a reasonable effort to notify each
367	367	participant by publication or by written notice of the date, time,
368	368	and location of the meeting at which the Board intends to adopt a
369	369	proposed rate, fee, user fee, or charge under this section and of
370	370	the amount of the proposed rate, fee, user fee, or charge. The
371	371	Board's failure to provide actual notice to each participant does
372	372	not invalidate a rate, fee, user fee, or charge adopted by the Board
373	373	under this section.
374	374	Sec. 11J. (a) The Board shall exempt from any rate, fee,
375	375	user fee, or charge under Section 11I of this Act persons or classes
376	376	of groundwater wells that are not subject to any groundwater
377	377	reduction requirement imposed by the Lone Star Groundwater
378	378	Conservation District, but if the person or class of groundwater
379	379	wells subsequently becomes subject to a groundwater reduction
380	380	requirement imposed by the Lone Star Groundwater Conservation
381	381	District, the Authority may impose a rate, fee, user fee, or charge
382	382	on the person or class of groundwater wells at any time after that
383	383	date. For purposes of this subsection, a person or a groundwater
384	384	well is subject to a groundwater reduction requirement if the Lone
385	385	Star Groundwater Conservation District adopts a requirement or rule
386	386	that withdrawals from the groundwater well, or from the groundwater
387	387	well and other groundwater wells collectively, be reduced,
388	388	including a groundwater reduction requirement that does not need to
389	389	be satisfied until a future date.
390	390	(b) Notwithstanding Subsection (a) of this section, any
391	391	person that owns or operates a single groundwater well serving not
392	392	more than one single-family residential dwelling or unit, or the
393	393	class of groundwater wells that serves not more than one
394	394	single-family residential dwelling or unit, is exempt from any
395	395	rate, fee, user fee, or charge described by Section 11I of this Act.
396	396	(c) The Board by rule may exempt any other persons or
397	397	classes of groundwater wells from any rate, fee, user fee, or charge
398	398	under Section 11I of this Act.
399	399	Sec. 11K. (a) The Board may undertake improvement projects
400	400	or services that confer a special benefit on all or a defined area
401	401	of a service area of one or more participants.
402	402	(b) After notice and a hearing under Section 11L of this
403	403	Act, the Board may impose a special assessment on property in a
404	404	defined area that is in the service area of one or more
405	405	participants, including property of a local government, to cover
406	406	the cost of an improvement project or service under Subsection (a)
407	407	of this section.
408	408	(c) The Board shall apportion the cost of an improvement
409	409	project or service to be assessed against the property based on the
410	410	special benefits that accrue to the property because of the
411	411	improvement project or service. Among other classifications of
412	412	benefits received, the Board may assess costs according to the
413	413	number of gallons of groundwater pumped from groundwater wells
414	414	located on the property or that serve the property and are subject
415	415	to a groundwater reduction requirement imposed by the Lone Star
416	416	Groundwater Conservation District.
417	417	(d) The Authority may finance with special assessments any
418	418	improvement project or service authorized by this Act or other law.
419	419	Sec. 11L. (a) The Board may not impose a special assessment
420	420	under Section 11K of this Act unless the Board holds a public
421	421	hearing on the advisability of the proposed assessment and the
422	422	improvement project or service to be financed by the assessment.
423	423	(b) The Board shall publish notice of a hearing under this
424	424	section in a newspaper or newspapers with general circulation in
425	425	Montgomery County not later than the 30th day before the date of the
426	426	hearing.
427	427	(c) Notice under this section must include:
428	428	(1) the time and place of the hearing;
429	429	(2) the general nature of the proposed improvement
430	430	project or service;
431	431	(3) the estimated cost of the improvement project or
432	432	service, including projected interest and associated financing
433	433	costs; and
434	434	(4) the proposed method of assessment.
435	435	(d) Not later than the 30th day before the date of the
436	436	hearing, the Board shall send written notice containing the
437	437	information required by Subsection (c) of this section by certified
438	438	mail, return receipt requested, to each participant affected by the
439	439	proposed assessment.
440	440	(e) At the conclusion of a hearing conducted by the Board on
441	441	a proposed improvement project or service, the Board shall make
442	442	written findings and conclusions relating to:
443	443	(1) the advisability of the improvement project or
444	444	service;
445	445	(2) the nature of the improvement project or service;
446	446	(3) the estimated costs of the improvement project or
447	447	service; and
448	448	(4) the area that will benefit from the improvement
449	449	project or service.
450	450	(f) At the conclusion of a hearing conducted by a hearings
451	451	examiner on a proposed improvement project or service, the hearings
452	452	examiner shall file with the Board a written report of the
453	453	examiner's findings and conclusions. The Board may act on the
454	454	findings and conclusions at any meeting of the Board at which notice
455	455	of the meeting is given as provided by Chapter 551, Government Code,
456	456	without the necessity for further notice.
457	457	(g) On adjournment of a hearing on proposed assessments, or
458	458	after consideration of a hearings examiner's findings and
459	459	conclusions on proposed assessments, the Board shall hear and rule
460	460	on any objections to each proposed assessment. After ruling on any
461	461	objections to each proposed assessment, the Board by order:
462	462	(1) shall fix the amount of and impose the assessments
463	463	as special assessments on any affected property;
464	464	(2) shall specify the method of payment of the
465	465	assessments; and
466	466	(3) may require the assessments, including interest,
467	467	to be paid in periodic installments or, if prepaid, be subject to
468	468	prepayment charges.
469	469	(h) Periodic installment payments of assessments must be in
470	470	an amount sufficient to meet all costs for the associated
471	471	improvement projects or services and must continue in effect for
472	472	the number of years required to fully and timely pay for the
473	473	services to be rendered or any bonds, notes, or other obligations
474	474	issued or incurred by the Authority to finance any associated
475	475	improvement projects. The Board may impose interest charges or
476	476	penalties for failure to make timely payment and may impose a charge
477	477	in an amount sufficient to cover delinquencies and expenses of
478	478	collection.
479	479	(i) A person that becomes a participant after the Authority
480	480	has imposed assessments or a participant whose territory or service
481	481	area is added to the groundwater reduction plan may:
482	482	(1) waive the right to notice and an assessment
483	483	hearing; and
484	484	(2) agree to the imposition and payment of assessments
485	485	at an agreed rate.
486	486	(j) The Board shall have prepared an assessment roll showing
487	487	the assessments against each property and the Board's basis for the
488	488	assessment. The assessment roll shall be:
489	489	(1) filed with the secretary of the Board or another
490	490	officer who performs similar functions; and
491	491	(2) open for public inspection.
492	492	(k) After notice and a hearing in the manner required for an
493	493	original assessment, the Board may make supplemental assessments to
494	494	correct omissions or mistakes or account for changed circumstances
495	495	relating to the total costs of the improvement project or service,
496	496	or to cover delinquencies or costs of collection.
497	497	Sec. 11M. (a) The Board may require the payment of interest
498	498	on any late or unpaid fees, user fees, rates, charges, and special
499	499	assessments imposed by the Authority, but the interest rate may not
500	500	exceed the interest rate described by Section 2251.025, Government
501	501	Code.
502	502	(b) In addition to requiring the payment of interest under
503	503	Subsection (a) of this section for the failure to make a complete or
504	504	timely payment to the Authority, the Board may:
505	505	(1) impose penalties; and
506	506	(2) exclude a participant, or the service area or the
507	507	territory or groundwater well owned or controlled by a participant,
508	508	from the groundwater reduction plan.
509	509	(c) The Authority is entitled to reasonable attorney's fees
510	510	incurred by the Authority in enforcing its rules or in collecting
511	511	any delinquent fees, user fees, rates, charges, or special
512	512	assessments, and any related penalties and interest.
513	513	(d) Fees, user fees, rates, charges, and special
514	514	assessments imposed by the Authority under Section 11I or 11K of
515	515	this Act, any related penalties and interest, and collection
516	516	expenses and reasonable attorney's fees incurred by the Authority:
517	517	(1) are a first and prior lien against the groundwater
518	518	well to which they apply;
519	519	(2) are superior to any other lien or claim, other than
520	520	a lien or claim for ad valorem taxes imposed by a county, school
521	521	district, or municipality; and
522	522	(3) are the personal liability of and a charge against
523	523	the owner of the affected groundwater well.
524	524	(e) A lien under this section is effective from the date of
525	525	the resolution or order of the Board imposing the fee, user fee,
526	526	rate, charge, or special assessment until payment is received by
527	527	the Authority. The Board may enforce the lien in the same manner
528	528	that a municipal utility district operating under Chapters 49 and
529	529	54, Water Code, may enforce an ad valorem tax lien against real
530	530	property.
531	531	Sec. 11N. (a) A person who violates a rule or order of the
532	532	Authority adopted under Section 11A, 11B, 11C, 11D, 11E, 11F, 11G,
533	533	11H, 11I, 11J, 11K, 11L, 11M, 11O, 11P, or 11Q of this Act is subject
534	534	to an administrative penalty, payable to the Authority, of not more
535	535	than $10,000, as determined by the Board, for each violation or each
536	536	day of a continuing violation.
537	537	(b) The Authority may bring an action to recover the penalty
538	538	in a district court in the county where the violation occurred.
539	539	(c) The Authority may bring an action for injunctive relief
540	540	in a district court in the county where a violation of a rule or
541	541	order of the Authority occurs or is threatened to occur. The court
542	542	may grant to the Authority, without requiring a bond or other
543	543	undertaking, a prohibitory or mandatory injunction as warranted by
544	544	the facts, including a temporary restraining order, temporary
545	545	injunction, or permanent injunction.
546	546	(d) The Authority may bring an action for an administrative
547	547	penalty and injunctive relief in the same proceeding.
548	548	Sec. 11O. Immunity from suit, judgment, or liability of any
549	549	local government participating in the groundwater reduction plan is
550	550	waived to the extent necessary for the Authority to exercise and
551	551	enforce against the local government the rights, powers, and
552	552	privileges granted in Sections 11A, 11B, 11C, 11D, 11E, 11F, 11G,
553	553	11H, 11I, 11J, 11K, 11L, 11M, 11N, 11P, and 11Q of this Act.
554	554	Sec. 11P. In addition to any other financial assistance
555	555	program for which the Authority may be eligible, the rights,
556	556	powers, privileges, and authority conferred under Sections 11A,
557	557	11B, 11C, 11D, 11E, 11F, 11G, 11H, 11I, 11J, 11K, 11L, 11M, 11N,
558	558	11O, and 11Q of this Act authorize the Authority to receive
559	559	financial assistance from the groundwater district loan assistance
560	560	fund under Subchapter L, Chapter 36, Water Code.
561	561	Sec. 11Q. The Board by rule may establish procedures for
562	562	conducting public hearings and may determine whether a hearing will
563	563	be conducted by the Board or a hearings examiner. Any public
564	564	hearing may be adjourned from time to time to a date, time, and
565	565	location specified on adjournment, without the necessity for
566	566	further notice.
567	567	SECTION 2. (a) Sections 10, 10a, 10b, 10c, and 10d, Chapter
568	568	426, Acts of the 45th Legislature, Regular Session, 1937, are
569	569	repealed.
570	570	(b) The repeal of laws under Subsection (a) of this section
571	571	does not affect the validity, enforceability, security, priority of
572	572	lien, or other terms of any bonds, notes, or obligations of the San
573	573	Jacinto River Authority that were issued or incurred before the
574	574	effective date of this Act.
575	575	SECTION 3. The legal notice of the intention to introduce
576	576	this Act, setting forth the general substance of this Act, has been
577	577	published as provided by law, and the notice and a copy of this Act
578	578	have been furnished to all persons, agencies, officials, or
579	579	entities to which they are required to be furnished under Section
580	580	59, Article XVI, Texas Constitution, and Chapter 313, Government
581	581	Code.
582	582	SECTION 4. This Act takes effect immediately if it receives
583	583	a vote of two-thirds of all the members elected to each house, as
584	584	provided by Section 39, Article III, Texas Constitution. If this
585	585	Act does not receive the vote necessary for immediate effect, this
586	586	Act takes effect September 1, 2009.