82R19616 SGA-D
By: Dutton H.B. No. 3089
Substitute the following for H.B. No. 3089:
By: Larson C.S.H.B. No. 3089
A BILL TO BE ENTITLED
relating to the powers and duties of the Harris County Fresh Water
Supply District No. 48; limiting the district's power of eminent
domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 6, Special District Local Laws
Code, is amended by adding Chapter 6909 to read as follows:
CHAPTER 6909. HARRIS COUNTY FRESH WATER
SUPPLY DISTRICT NO. 48
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 6909.001. DEFINITION. In this chapter, "district"
means the Harris County Fresh Water Supply District No. 48.
[Sections 6909.002-6909.100 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec. 6909.101. FRESH WATER SUPPLY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 53, Water Code,
applicable to fresh water supply districts created under Section
59, Article XVI, Texas Constitution.
Sec. 6909.102. LIMITATION ON USE OF EMINENT DOMAIN. If the
district has assumed road district powers as provided by Section
53.029, Water Code, or other law, the district may not exercise the
power of eminent domain outside the district to acquire a site or
easement for:
(1) a road project, unless the site or easement:
(A) is owned by a governmental entity; and
(B) will be used by the district to construct a
road project serving the district; or
(2) a recreational facility as defined by Section
49.462, Water Code.
SECTION 2. This Act takes effect September 1, 2011.