By: Seliger S.B. No. 1254
(In the Senate - Filed March 2, 2009; March 17, 2009, read
first time and referred to Committee on Natural Resources;
April 2, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 10, Nays 0; April 2, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1254 By: Seliger
A BILL TO BE ENTITLED
AN ACT
relating to general law limits on the eminent domain power of
certain water and other special purpose districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49.222, Water Code, is amended by
amending Subsection (a) and adding Subsections (d), (e), (f), (g),
and (h) to read as follows:
(a) Except as provided by and subject to this section, a [A]
district or water supply corporation may acquire by condemnation
any land, easements, or other property inside or outside the
district boundaries, or the boundaries of the certificated service
area for a water supply corporation, necessary for water, sanitary
sewer, storm drainage, or flood drainage or control purposes or for
any other of its projects or purposes, and may elect to condemn
either the fee simple title or a lesser property interest.
(d) A district may not exercise the power of eminent domain
to acquire land, an easement, or other property that is located more
than five miles outside the district's boundaries unless:
(1) the district provides notice of the hearing
required under Subdivision (2) to the owners of the land that the
district seeks to condemn not later than two weeks before the date
of the hearing;
(2) the commissioners court in the county in which the
eminent domain power is to be exercised, after notice and hearing,
officially approves the exercise; and
(3) after approval by the commissioners court, the
commission issues an order approving the district's application to
exercise that power.
(e) A district that seeks commission approval for the
district's planned exercise of eminent domain power:
(1) shall submit to the commission a written
application for approval of the exercise of that power that
includes a copy of the commissioners court's resolution approving
the district's proposed condemnation of property; and
(2) shall provide notice of the application in the
manner prescribed by the commission.
(f) After publication of notice, an opportunity for public
comment, and an opportunity for public hearing on an application
under this section, the commission may issue an order approving the
application if the commission finds that:
(1) all procedural requirements have been satisfied;
(2) the requested exercise of the power of eminent
domain:
(A) is necessary and serves a purpose for which
the district was created; and
(B) will encourage regionalization of water
supply and distribution; and
(3) granting the request will:
(A) serve the public interest; and
(B) benefit the residents of the district.
(g) The commission by rule shall establish procedures for
public notice and hearing of applications under this section. The
procedures must include provision of notice to elected state and
local officials who represent residents of the district and of the
property proposed for condemnation.
(h) A district may not exercise the power of eminent domain
to acquire land, an easement, or other property that is located more
than 75 miles outside the district's boundaries.
SECTION 2. Section 49.222, Water Code, as amended by this
Act, applies only to an exercise of the power of eminent domain by a
district that has filed a condemnation petition on or after January
1, 2010. An exercise of the power of eminent domain by a district
that has filed a condemnation petition before January 1, 2010, is
governed by the law in effect on the date the condemnation petition
is filed, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.
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