By: Patrick S.B. No. 2536
(In the Senate - Filed April 17, 2009; April 20, 2009, read
first time and referred to Committee on Natural Resources;
May 8, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; May 8, 2009, sent
to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 2536 By: Eltife
A BILL TO BE ENTITLED
AN ACT
relating to the powers of the West Harris County Regional Water
Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (d), Section 4.01, Chapter 414, Acts
of the 77th Legislature, Regular Session, 2001, is amended to read
as follows:
(d) The following laws [Sections 49.451-49.455, Water
Code,] do not apply to the authority:
(1) Chapter 36, Water Code;
(2) Section 49.052, Water Code; and
(3) Sections 49.451-49.455, Water Code.
SECTION 2. The heading to Section 4.07, Chapter 414, Acts of
the 77th Legislature, Regular Session, 2001, is amended to read as
follows:
Sec. 4.07. CIVIL PENALTY; CIVIL ACTIONS; INJUNCTION.
SECTION 3. Section 4.07, Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, is amended by adding
Subsections (b-1) and (e) to read as follows:
(b-1) The authority may bring an action in a district court
against a district, other political subdivision, or other person
located in the authority's territory or included in the authority's
groundwater reduction plan to:
(1) recover any fees, rates, charges, assessments,
collection expenses, attorney's fees, interest, penalties, or
administrative penalties due the authority; or
(2) enforce the authority's rules or orders.
(e) Governmental immunity from suit or liability of a
district or other political subdivision is waived for the purposes
of an action described by Subsection (b-1) of this section.
SECTION 4. 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.
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