By: Workman (Senate Sponsor - Watson) H.B. No. 3743
(In the Senate - Received from the House May 19, 2011;
May 19, 2011, read first time and referred to Committee on
Intergovernmental Relations; May 21, 2011, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 3,
Nays 0; May 21, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3743 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to the rights, powers, functions, and duties of the West
Travis County Municipal Utility District No. 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6, Chapter 1214, Acts of the 71st
Legislature, Regular Session, 1989, is amended by adding
Subsections (c) and (d) to read as follows:
(c) In addition to the rights, powers, privileges,
authority, functions, and duties under Subsection (a) of this
section, the district has all of the rights, powers, privileges,
authority, functions, and duties relating to:
(1) road districts and road utility districts created
under Section 52, Article III, Texas Constitution; and
(2) supply and distribution facilities or systems to
provide potable and nonpotable water to the residents and
businesses of Travis and Hays Counties.
(d) Notwithstanding Subsection (c) of this section, the
district may not construct, acquire, maintain, or operate a toll
road.
SECTION 2. Chapter 1214, Acts of the 71st Legislature,
Regular Session, 1989, is amended by adding Section 6A to read as
follows:
Sec. 6A. LIMITATION ON USE OF EMINENT DOMAIN. The district
may not exercise the power of eminent domain outside the district to
acquire a site or easement for:
(1) a road project authorized by Section 6 of this Act;
or
(2) a recreational facility as defined by Section
49.462, Water Code.
SECTION 3. (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 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, 2011.
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