| 1 | 1 | | 82R19616 SGA-D |
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| 2 | 2 | | By: Dutton H.B. No. 3089 |
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| 3 | 3 | | Substitute the following for H.B. No. 3089: |
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| 4 | 4 | | By: Larson C.S.H.B. No. 3089 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | relating to the powers and duties of the Harris County Fresh Water |
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| 9 | 9 | | Supply District No. 48; limiting the district's power of eminent |
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| 10 | 10 | | domain. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subtitle B, Title 6, Special District Local Laws |
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| 13 | 13 | | Code, is amended by adding Chapter 6909 to read as follows: |
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| 14 | 14 | | CHAPTER 6909. HARRIS COUNTY FRESH WATER |
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| 15 | 15 | | SUPPLY DISTRICT NO. 48 |
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| 16 | 16 | | SUBCHAPTER A. GENERAL PROVISIONS |
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| 17 | 17 | | Sec. 6909.001. DEFINITION. In this chapter, "district" |
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| 18 | 18 | | means the Harris County Fresh Water Supply District No. 48. |
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| 19 | 19 | | [Sections 6909.002-6909.100 reserved for expansion] |
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| 20 | 20 | | SUBCHAPTER B. POWERS AND DUTIES |
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| 21 | 21 | | Sec. 6909.101. FRESH WATER SUPPLY DISTRICT POWERS AND |
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| 22 | 22 | | DUTIES. The district has the powers and duties provided by the |
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| 23 | 23 | | general law of this state, including Chapters 49 and 53, Water Code, |
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| 24 | 24 | | applicable to fresh water supply districts created under Section |
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| 25 | 25 | | 59, Article XVI, Texas Constitution. |
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| 26 | 26 | | Sec. 6909.102. LIMITATION ON USE OF EMINENT DOMAIN. If the |
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| 27 | 27 | | district has assumed road district powers as provided by Section |
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| 28 | 28 | | 53.029, Water Code, or other law, the district may not exercise the |
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| 29 | 29 | | power of eminent domain outside the district to acquire a site or |
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| 30 | 30 | | easement for: |
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| 31 | 31 | | (1) a road project, unless the site or easement: |
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| 32 | 32 | | (A) is owned by a governmental entity; and |
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| 33 | 33 | | (B) will be used by the district to construct a |
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| 34 | 34 | | road project serving the district; or |
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| 35 | 35 | | (2) a recreational facility as defined by Section |
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| 36 | 36 | | 49.462, Water Code. |
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| 37 | 37 | | SECTION 2. This Act takes effect September 1, 2011. |
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