By: Seliger S.B. No. 1254
A BILL TO BE ENTITLED
AN ACT
relating to limits on the purpose and power of a fresh water supply
district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 53.001, Water Code, is amended by adding
Subdivision (4) to read as follows:
(4) "Commission" means the Texas Commission on
Environmental Quality.
SECTION 2. Section 53.101, Water Code, is amended to read as
follows:
Sec. 53.101. PURPOSE OF DISTRICT. Fresh water supply
districts may be created to conserve, transport, and distribute
fresh water in or to the district from any sources for domestic and
commercial purposes.
SECTION 3. Subchapter D, Chapter 53, Water Code, is amended
by adding Section 53.108 to read as follows:
Sec. 53.108. LIMITATION ON USE OF EMINENT DOMAIN POWER;
REQUIRED APPROVALS. (a) 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 commissioners court in the county in which the
eminent domain power is to be exercised, after notice and hearing,
officially approves the exercise; and
(2) after approval by the commissioners court, the
commission issues an order approving the district's application to
exercise that power.
(b) 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; and
(2) shall provide notice of the application in the
manner prescribed by the commission.
(c) The executive director of the commission may:
(1) grant an application if the executive director
finds that:
(A) the requested exercise of the power of
eminent domain is necessary and serves a purpose for which the
district was created; and
(B) granting the application will:
(i) serve the public interest;
(ii) encourage regionalization of water
supply and distribution; and
(iii) benefit the residents of the
district; or
(2) request that the commission hold a public hearing
on the application.
(d) 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.
(e) 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.
(f) 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.
(g) This section applies to a fresh water supply district
and a district that converts from a fresh water supply district to
another type of district.
SECTION 4. Section 53.108, Water Code, as added by this Act,
applies only to an exercise of the power of eminent domain by a
fresh water supply district for which a condemnation petition is
filed on or after the effective date of this Act. An exercise of the
power of eminent domain by a fresh water supply district for which a
condemnation petition is filed before the effective date of this
Act 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 5. 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.