By: Turner (Senate Sponsor - Whitmire) H.B. No. 960
(In the Senate - Received from the House April 18, 2011;
April 20, 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 powers of the Central Harris County Regional Water
Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8815.101(b), Special District Local Laws
Code, is amended to read as follows:
(b) The following laws [Sections 49.451-49.455, Water
Code,] 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 2. The heading to Section 8815.107, Special
District Local Laws Code, is amended to read as follows:
Sec. 8815.107. ADMINISTRATIVE PENALTY; CIVIL ACTION;
INJUNCTION.
SECTION 3. Section 8815.107, Special District Local Laws
Code, is amended by amending Subsection (b) and adding Subsection
(e) to read as follows:
(b) The authority may bring an action in a district court
against a member district or other 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 [to
recover the penalty in a district court in the county where the
violation occurred].
(e) Governmental immunity from suit or liability of a
district or other political subdivision is waived for the purposes
of an action described by this section.
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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