Texas 2009 - 81st Regular

Texas Senate Bill SB1254 Compare Versions

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1	1	By: Seliger S.B. No. 1254
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to limits on the purpose and power of a fresh water supply
7	7	district.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 53.001, Water Code, is amended by adding
10	10	Subdivision (4) to read as follows:
11	11	(4) "Commission" means the Texas Commission on
12	12	Environmental Quality.
13	13	SECTION 2. Section 53.101, Water Code, is amended to read as
14	14	follows:
15	15	Sec. 53.101. PURPOSE OF DISTRICT. Fresh water supply
16	16	districts may be created to conserve, transport, and distribute
17	17	fresh water in or to the district from any sources for domestic and
18	18	commercial purposes.
19	19	SECTION 3. Subchapter D, Chapter 53, Water Code, is amended
20	20	by adding Section 53.108 to read as follows:
21	21	Sec. 53.108. LIMITATION ON USE OF EMINENT DOMAIN POWER;
22	22	REQUIRED APPROVALS. (a) A district may not exercise the power of
23	23	eminent domain to acquire land, an easement, or other property that
24	24	is located more than five miles outside the district's boundaries
25	25	unless:
26	26	(1) the commissioners court in the county in which the
27	27	eminent domain power is to be exercised, after notice and hearing,
28	28	officially approves the exercise; and
29	29	(2) after approval by the commissioners court, the
30	30	commission issues an order approving the district's application to
31	31	exercise that power.
32	32	(b) A district that seeks commission approval for the
33	33	district's planned exercise of eminent domain power:
34	34	(1) shall submit to the commission a written
35	35	application for approval of the exercise of that power; and
36	36	(2) shall provide notice of the application in the
37	37	manner prescribed by the commission.
38	38	(c) The executive director of the commission may:
39	39	(1) grant an application if the executive director
40	40	finds that:
41	41	(A) the requested exercise of the power of
42	42	eminent domain is necessary and serves a purpose for which the
43	43	district was created; and
44	44	(B) granting the application will:
45	45	(i) serve the public interest;
46	46	(ii) encourage regionalization of water
47	47	supply and distribution; and
48	48	(iii) benefit the residents of the
49	49	district; or
50	50	(2) request that the commission hold a public hearing
51	51	on the application.
52	52	(d) After publication of notice, an opportunity for public
53	53	comment, and an opportunity for public hearing on an application
54	54	under this section, the commission may issue an order approving the
55	55	application if the commission finds that:
56	56	(1) all procedural requirements have been satisfied;
57	57	(2) the requested exercise of the power of eminent
58	58	domain:
59	59	(A) is necessary and serves a purpose for which
60	60	the district was created; and
61	61	(B) will encourage regionalization of water
62	62	supply and distribution; and
63	63	(3) granting the request will:
64	64	(A) serve the public interest; and
65	65	(B) benefit the residents of the district.
66	66	(e) The commission by rule shall establish procedures for
67	67	public notice and hearing of applications under this section. The
68	68	procedures must include provision of notice to elected state and
69	69	local officials who represent residents of the district and of the
70	70	property proposed for condemnation.
71	71	(f) A district may not exercise the power of eminent domain
72	72	to acquire land, an easement, or other property that is located more
73	73	than 75 miles outside the district's boundaries.
74	74	(g) This section applies to a fresh water supply district
75	75	and a district that converts from a fresh water supply district to
76	76	another type of district.
77	77	SECTION 4. Section 53.108, Water Code, as added by this Act,
78	78	applies only to an exercise of the power of eminent domain by a
79	79	fresh water supply district for which a condemnation petition is
80	80	filed on or after the effective date of this Act. An exercise of the
81	81	power of eminent domain by a fresh water supply district for which a
82	82	condemnation petition is filed before the effective date of this
83	83	Act is governed by the law in effect on the date the condemnation
84	84	petition is filed, and that law is continued in effect for that
85	85	purpose.
86	86	SECTION 5. This Act takes effect immediately if it receives
87	87	a vote of two-thirds of all the members elected to each house, as
88	88	provided by Section 39, Article III, Texas Constitution. If this
89	89	Act does not receive the vote necessary for immediate effect, this
90	90	Act takes effect September 1, 2009.