| 1 | 1 | | By: Turner (Senate Sponsor - Whitmire) H.B. No. 960 |
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| 2 | 2 | | (In the Senate - Received from the House April 18, 2011; |
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| 3 | 3 | | April 20, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Natural Resources; May 11, 2011, reported favorably by the |
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| 5 | 5 | | following vote: Yeas 10, Nays 0; May 11, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the powers of the Central Harris County Regional Water |
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| 11 | 11 | | Authority. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 8815.101(b), Special District Local Laws |
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| 14 | 14 | | Code, is amended to read as follows: |
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| 15 | 15 | | (b) The following laws [Sections 49.451-49.455, Water |
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| 16 | 16 | | Code,] do not apply to the authority: |
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| 17 | 17 | | (1) Chapter 36, Water Code; |
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| 18 | 18 | | (2) Section 49.052, Water Code; and |
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| 19 | 19 | | (3) Sections 49.451-49.455, Water Code. |
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| 20 | 20 | | SECTION 2. The heading to Section 8815.107, Special |
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| 21 | 21 | | District Local Laws Code, is amended to read as follows: |
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| 22 | 22 | | Sec. 8815.107. ADMINISTRATIVE PENALTY; CIVIL ACTION; |
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| 23 | 23 | | INJUNCTION. |
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| 24 | 24 | | SECTION 3. Section 8815.107, Special District Local Laws |
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| 25 | 25 | | Code, is amended by amending Subsection (b) and adding Subsection |
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| 26 | 26 | | (e) to read as follows: |
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| 27 | 27 | | (b) The authority may bring an action in a district court |
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| 28 | 28 | | against a member district or other district, other political |
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| 29 | 29 | | subdivision, or other person located in the authority's territory |
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| 30 | 30 | | or included in the authority's groundwater reduction plan to: |
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| 31 | 31 | | (1) recover any fees, rates, charges, assessments, |
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| 32 | 32 | | collection expenses, attorney's fees, interest, penalties, or |
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| 33 | 33 | | administrative penalties due the authority; or |
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| 34 | 34 | | (2) enforce the authority's rules or orders [to |
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| 35 | 35 | | recover the penalty in a district court in the county where the |
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| 36 | 36 | | violation occurred]. |
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| 37 | 37 | | (e) Governmental immunity from suit or liability of a |
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| 38 | 38 | | district or other political subdivision is waived for the purposes |
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| 39 | 39 | | of an action described by this section. |
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| 40 | 40 | | SECTION 4. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2011. |
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| 45 | 45 | | * * * * * |
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