Texas Senate Bill SB1254

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/2/09
• Voted on by Senate: 4/15/09

Caption

Relating to limits on the purpose and power of a fresh water supply district.

Impact

The implications of SB1254 are significant for both fresh water supply districts and landowners in Texas. By imposing stricter regulations on the use of eminent domain, the bill seeks to curb excessive acquisitions of land by districts, which can often lead to community disputes. The requirement for dual approval prior to any eminent domain actions may empower local communities, ensuring that residents have a direct voice in decisions that could affect their property. This also aligns with broader initiatives promoting local control over regional resources.

Summary

Senate Bill 1254 establishes new limitations on the powers of fresh water supply districts in Texas, particularly concerning the use of eminent domain. The bill specifically stipulates that districts may not exercise eminent domain to seize property located more than five miles beyond their boundaries without receiving prior approval from both the local commissioners court and the Texas Commission on Environmental Quality. This requirement aims to provide additional checks and balances on the authority of water supply districts, reflecting concerns about the potential misuse of eminent domain powers that may infringe on property rights.

Contention

While supporters of SB1254 argue that the bill is a much-needed reform to protect landowners from potential overreach, critics may express concerns about the potential for delays in necessary water infrastructure projects. Tightening the criteria under which eminent domain can be exercised may impede timely access to land required for essential water supply initiatives. Additionally, those advocating for a more decentralized approach to water governance might see this bill as a corrective measure reflecting local input in water resource management decisions.