81R4091 JTS-F
By: Howard of Travis H.B. No. 722
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain municipalities to regulate the
location of facilities to supply drinking water.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 229, Local Government Code, is amended
by adding Section 229.003 to read as follows:
Sec. 229.003. AUTHORITY OF CERTAIN MUNICIPALITIES TO
REGULATE FACILITIES TO SUPPLY DRINKING WATER. (a) In this section:
(1) "Facility to supply drinking water" includes an
intake facility, a pumping facility, a storage facility, a
pipeline, and any other facility to withdraw, transport, or
otherwise deliver drinking water to the municipalities
participating in a regional utility authority.
(2) "Regional utility authority" means an entity
created by two or more municipalities to provide water supply for
the region in which the municipalities are located.
(b) Before a regional utility authority may begin
construction of a facility to supply drinking water that will be
located in the corporate boundaries of a municipality not
participating in the regional utility authority, the authority
must:
(1) comply with the zoning requirements of the
municipality and obtain all permits and other approvals required by
the ordinances of the municipality; and
(2) receive the consent of the governing body of the
municipality.
(c) A governing body may not provide consent under
Subsection (b)(2) if:
(1) the governing body determines that the health,
safety, or welfare of the residents of the municipality may be
negatively affected by the operation of the facility to supply
drinking water;
(2) the facility to supply drinking water does not
comply with the land use and zoning regulations of the
municipality; or
(3) the facility to supply drinking water does not
comply with the municipality's land use and development plan.
SECTION 2. 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.