Texas 2011 - 82nd Regular

Texas House Bill HB2418 Compare Versions

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1	1	By: Callegari (Senate Sponsor - Patrick) H.B. No. 2418
2	2	(In the Senate - Received from the House April 11, 2011;
3	3	April 26, 2011, read first time and referred to Committee on
4	4	Natural Resources; May 11, 2011, reported favorably by the
5	5	following vote: Yeas 10, Nays 0; May 11, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the territory, board of directors, and powers of the
11	11	North Harris County Regional Water Authority.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 1.03, Chapter 1029, Acts of the 76th
14	14	Legislature, Regular Session, 1999, is amended by amending
15	15	Subsection (b) and adding Subsections (b-1), (b-2), (f), (g), and
16	16	(h) to read as follows:
17	17	(b) The authority includes the [only that] territory
18	18	described by Subsection (a) of this section only if that territory
19	19	is also in one or more of the following state representative
20	20	districts as described by Article II, Chapter 2, Acts of the 72nd
21	21	Legislature, 3rd Called Session, 1992 (Article II, Article 195a-11,
22	22	Vernon's Texas Civil Statutes), as the districts existed on the
23	23	effective date of this Act:
24	24	(1) District 127;
25	25	(2) District 126;
26	26	(3) District 130;
27	27	(4) District 135; and
28	28	(5) District 150.
29	29	(b-1) The authority also includes the territory of the
30	30	following districts:
31	31	(1) Harris County Municipal Utility District No. 16;
32	32	(2) Harris County Municipal Utility District No. 26;
33	33	(3) Harris County Municipal Utility District No. 233;
34	34	(4) Richey Road Municipal Utility District;
35	35	(5) Harris County Water Control and Improvement
36	36	District No. 109;
37	37	(6) Inverness Forest Improvement District; and
38	38	(7) Memorial Hills Utility District.
39	39	(b-2) The territory of the authority does not include
40	40	property that lies within the boundaries of a local government,
41	41	other than the authority, if:
42	42	(1) the local government had a groundwater reduction
43	43	plan approved by the subsidence district before January 1, 2010;
44	44	and
45	45	(2) the property was included in the local
46	46	government's approved groundwater reduction plan on January 1,
47	47	2010.
48	48	(f) Territory annexed by a local government located in the
49	49	authority becomes territory of the authority on the effective date
50	50	of the annexation, unless the annexed territory is included in
51	51	another local government's approved groundwater reduction plan as
52	52	of the effective date of the annexation. The authority by rule may
53	53	require the local government to send to the authority:
54	54	(1) written notice of the effective date of an
55	55	annexation; and
56	56	(2) copies of documents describing the annexed land
57	57	and describing the new boundaries of the local government.
58	58	(g) If territory is added to the service area of a person
59	59	owning a water system located in the authority, the territory
60	60	becomes territory of the authority on the effective date of the
61	61	territory's addition to the service area, unless the added
62	62	territory is included in another local government's approved
63	63	groundwater reduction plan as of the effective date of the
64	64	addition. The authority by rule may require the person to send to
65	65	the authority:
66	66	(1) written notice of the effective date of an
67	67	addition of territory; and
68	68	(2) copies of documents describing the added territory
69	69	and describing the new boundaries of the person's service area.
70	70	(h) The annexation or addition of territory to the authority
71	71	under this section does not affect the validity of bonds issued by
72	72	the authority.
73	73	SECTION 2. Section 1.05, Chapter 1029, Acts of the 76th
74	74	Legislature, Regular Session, 1999, is amended by adding Subsection
75	75	(c) to read as follows:
76	76	(c) The following laws do not apply to the authority:
77	77	(1) Chapter 36, Water Code;
78	78	(2) Section 49.052, Water Code; and
79	79	(3) Sections 49.451-49.455, Water Code.
80	80	SECTION 3. Section 2.03, Chapter 1029, Acts of the 76th
81	81	Legislature, Regular Session, 1999, is amended to read as follows:
82	82	Sec. 2.03. SERVICE OF DIRECTORS. Directors
83	83	[(a) Temporary directors serve until the initial permanent
84	84	directors are elected under Section 2.05 of this Act.
85	85	[(b) The initial permanent directors serve until permanent
86	86	directors are elected under Section 2.06 of this Act.
87	87	[(c) Permanent directors] serve staggered four-year terms.
88	88	[(d) A director serves until the director's successor has
89	89	qualified.]
90	90	SECTION 4. The heading to Section 4.04, Chapter 1029, Acts
91	91	of the 76th Legislature, Regular Session, 1999, is amended to read
92	92	as follows:
93	93	Sec. 4.04. CIVIL PENALTY; CIVIL ACTION; INJUNCTION.
94	94	SECTION 5. Section 4.04, Chapter 1029, Acts of the 76th
95	95	Legislature, Regular Session, 1999, is amended by adding
96	96	Subsections (b-1) and (e) to read as follows:
97	97	(b-1) The authority may bring an action in a district court
98	98	against a district, other political subdivision, or other person
99	99	located in the authority's territory or included in the authority's
100	100	groundwater reduction plan to:
101	101	(1) recover any fees, rates, charges, assessments,
102	102	collection expenses, attorney's fees, interest, penalties, or
103	103	administrative penalties due the authority; or
104	104	(2) enforce the authority's rules or orders.
105	105	(e) Governmental immunity from suit or liability of a
106	106	district or other political subdivision is waived for the purposes
107	107	of an action described by Subsection (b-1) of this section.
108	108	SECTION 6. The following sections of Chapter 1029, Acts of
109	109	the 76th Legislature, Regular Session, 1999, are repealed:
110	110	(1) Section 2.04;
111	111	(2) Section 2.05; and
112	112	(3) Section 2.07.
113	113	SECTION 7. (a) The legal notice of the intention to
114	114	introduce this Act, setting forth the general substance of this
115	115	Act, has been published as provided by law, and the notice and a
116	116	copy of this Act have been furnished to all persons, agencies,
117	117	officials, or entities to which they are required to be furnished
118	118	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
119	119	Government Code.
120	120	(b) The governor, one of the required recipients, has
121	121	submitted the notice and Act to the Texas Commission on
122	122	Environmental Quality.
123	123	(c) The Texas Commission on Environmental Quality has filed
124	124	its recommendations relating to this Act with the governor, the
125	125	lieutenant governor, and the speaker of the house of
126	126	representatives within the required time.
127	127	(d) All requirements of the constitution and laws of this
128	128	state and the rules and procedures of the legislature with respect
129	129	to the notice, introduction, and passage of this Act are fulfilled
130	130	and accomplished.
131	131	SECTION 8. This Act takes effect immediately if it receives
132	132	a vote of two-thirds of all the members elected to each house, as
133	133	provided by Section 39, Article III, Texas Constitution. If this
134	134	Act does not receive the vote necessary for immediate effect, this
135	135	Act takes effect September 1, 2011.
136	136	* * * * *