By: Callegari (Senate Sponsor - Patrick) H.B. No. 2418
(In the Senate - Received from the House April 11, 2011;
April 26, 2011, read first time and referred to Committee on
Natural Resources; May 11, 2011, reported favorably by the
following vote: Yeas 10, Nays 0; May 11, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the territory, board of directors, and powers of the
North Harris County Regional Water Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.03, Chapter 1029, Acts of the 76th
Legislature, Regular Session, 1999, is amended by amending
Subsection (b) and adding Subsections (b-1), (b-2), (f), (g), and
(h) to read as follows:
(b) The authority includes the [only that] territory
described by Subsection (a) of this section only if that territory
is also in one or more of the following state representative
districts as described by Article II, Chapter 2, Acts of the 72nd
Legislature, 3rd Called Session, 1992 (Article II, Article 195a-11,
Vernon's Texas Civil Statutes), as the districts existed on the
effective date of this Act:
(1) District 127;
(2) District 126;
(3) District 130;
(4) District 135; and
(5) District 150.
(b-1) The authority also includes the territory of the
following districts:
(1) Harris County Municipal Utility District No. 16;
(2) Harris County Municipal Utility District No. 26;
(3) Harris County Municipal Utility District No. 233;
(4) Richey Road Municipal Utility District;
(5) Harris County Water Control and Improvement
District No. 109;
(6) Inverness Forest Improvement District; and
(7) Memorial Hills Utility District.
(b-2) The territory of the authority does not include
property that lies within the boundaries of a local government,
other than the authority, if:
(1) the local government had a groundwater reduction
plan approved by the subsidence district before January 1, 2010;
and
(2) the property was included in the local
government's approved groundwater reduction plan on January 1,
2010.
(f) Territory annexed by a local government located in the
authority becomes territory of the authority on the effective date
of the annexation, unless the annexed territory is included in
another local government's approved groundwater reduction plan as
of the effective date of the annexation. The authority by rule may
require the local government to send to the authority:
(1) written notice of the effective date of an
annexation; and
(2) copies of documents describing the annexed land
and describing the new boundaries of the local government.
(g) If territory is added to the service area of a person
owning a water system located in the authority, the territory
becomes territory of the authority on the effective date of the
territory's addition to the service area, unless the added
territory is included in another local government's approved
groundwater reduction plan as of the effective date of the
addition. The authority by rule may require the person to send to
the authority:
(1) written notice of the effective date of an
addition of territory; and
(2) copies of documents describing the added territory
and describing the new boundaries of the person's service area.
(h) The annexation or addition of territory to the authority
under this section does not affect the validity of bonds issued by
the authority.
SECTION 2. Section 1.05, Chapter 1029, Acts of the 76th
Legislature, Regular Session, 1999, is amended by adding Subsection
(c) to read as follows:
(c) The following laws 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 3. Section 2.03, Chapter 1029, Acts of the 76th
Legislature, Regular Session, 1999, is amended to read as follows:
Sec. 2.03. SERVICE OF DIRECTORS. Directors
[(a) Temporary directors serve until the initial permanent
directors are elected under Section 2.05 of this Act.
[(b) The initial permanent directors serve until permanent
directors are elected under Section 2.06 of this Act.
[(c) Permanent directors] serve staggered four-year terms.
[(d) A director serves until the director's successor has
qualified.]
SECTION 4. The heading to Section 4.04, Chapter 1029, Acts
of the 76th Legislature, Regular Session, 1999, is amended to read
as follows:
Sec. 4.04. CIVIL PENALTY; CIVIL ACTION; INJUNCTION.
SECTION 5. Section 4.04, Chapter 1029, Acts of the 76th
Legislature, Regular Session, 1999, 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 6. The following sections of Chapter 1029, Acts of
the 76th Legislature, Regular Session, 1999, are repealed:
(1) Section 2.04;
(2) Section 2.05; and
(3) Section 2.07.
SECTION 7. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 8. 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, 2011.
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