Texas 2013 - 83rd Regular

Texas House Bill HB890 Compare Versions

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1	1	83R14248 SGA-F
2	2	By: Workman H.B. No. 890
3	3	Substitute the following for H.B. No. 890:
4	4	By: Thompson of Brazoria C.S.H.B. No. 890
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the conversion of the West Travis County Public Utility
10	10	Agency to the Hill Country Regional Water Authority and to the
11	11	creation of the Hill Country Regional Water Authority; providing
12	12	authority to issue revenue bonds or notes; granting the power of
13	13	eminent domain; providing an administrative penalty; providing
14	14	authority to impose fees.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. (a) The West Travis County Public Utility Agency
17	17	is converted to a conservation and reclamation district to be known
18	18	as the Hill Country Regional Water Authority located in Hays and
19	19	Travis Counties.
20	20	(b) The Hill Country Regional Water Authority is not
21	21	required to hold an election to confirm the creation of the
22	22	authority.
23	23	SECTION 2. It is the intent and finding of the legislature
24	24	that:
25	25	(1) the residents and customers served by the West
26	26	Travis County Public Utility Agency before the effective date of
27	27	this Act will be provided by the creation of the Hill Country
28	28	Regional Water Authority under this Act with the means to obtain
29	29	services authorized by Sections 8601.101 and 8601.102, Special
30	30	District Local Laws Code, as added by this Act, in the most
31	31	effective and efficient manner without the impairment of any
32	32	existing contracts or obligations of the West Travis County Public
33	33	Utility Agency; and
34	34	(2) the creation of the Hill Country Regional Water
35	35	Authority under this Act will further important public policy
36	36	objectives by:
37	37	(A) supporting public ownership of important
38	38	water and wastewater utility infrastructure in an environmentally
39	39	sensitive area; and
40	40	(B) protecting the interests of current
41	41	ratepayers.
42	42	SECTION 3. The heading to Subtitle G, Title 6, Special
43	43	District Local Laws Code, is amended to read as follows:
44	44	SUBTITLE G. RIVER AUTHORITIES AND OTHER SPECIAL WATER AUTHORITIES
45	45	SECTION 4. Subtitle G, Title 6, Special District Local Laws
46	46	Code, is amended by adding Chapter 8601 to read as follows:
47	47	CHAPTER 8601. HILL COUNTRY REGIONAL WATER AUTHORITY
48	48	SUBCHAPTER A. GENERAL PROVISIONS
49	49	Sec. 8601.001. DEFINITIONS. In this chapter:
50	50	(1) "Authority" means the Hill Country Regional Water
51	51	Authority.
52	52	(2) "Board" means the board of directors of the
53	53	authority.
54	54	(3) "Director" means a member of the board.
55	55	(4) "Member entity" means:
56	56	(A) Hays County;
57	57	(B) the City of Bee Cave; or
58	58	(C) West Travis County Municipal Utility
59	59	District No. 5.
60	60	Sec. 8601.002. NATURE OF AUTHORITY. The authority is a
61	61	conservation and reclamation district in Hays and Travis Counties
62	62	created under and essential to accomplish the purposes of Section
63	63	59, Article XVI, Texas Constitution.
64	64	Sec. 8601.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
65	65	The authority is created to serve a public use and benefit.
66	66	(b) All land and other property included in the territory of
67	67	the authority will benefit from the works and projects to be
68	68	accomplished by the authority under powers conferred by Section 59,
69	69	Article XVI, Texas Constitution, and powers granted under this
70	70	chapter.
71	71	(c) The authority is created to accomplish the control,
72	72	storage, conservation, preservation, distribution, and use of
73	73	water for domestic, industrial, municipal, and all other useful
74	74	purposes, including the protection, preservation, and restoration
75	75	of the purity and sanitary condition of water within this state, as
76	76	provided by Section 59, Article XVI, Texas Constitution.
77	77	Sec. 8601.004. AUTHORITY BOUNDARIES. The authority's
78	78	boundaries are coextensive with the boundaries of the territory
79	79	described by Certificate of Public Convenience and Necessity No.
80	80	13207, as those boundaries exist on the effective date of the Act
81	81	enacting this chapter and as they may be amended in accordance with
82	82	applicable law.
83	83	Sec. 8601.005. APPLICABILITY OF OTHER LAW. (a) Except as
84	84	otherwise provided by this chapter, Chapter 49, Water Code, applies
85	85	to the authority. For the purposes of Chapter 49, Water Code, the
86	86	authority is a special water authority.
87	87	(b) The following subchapters of Chapter 49, Water Code, do
88	88	not apply to the authority:
89	89	(1) Subchapter J;
90	90	(2) Subchapter L;
91	91	(3) Subchapter M; and
92	92	(4) Subchapter N.
93	93	SUBCHAPTER B. BOARD OF DIRECTORS
94	94	Sec. 8601.051. DIRECTORS; TERMS. (a) The authority is
95	95	governed by a board of five appointed directors.
96	96	(b) Except for a director serving on the initial board,
97	97	directors serve staggered four-year terms that expire September 30
98	98	of even-numbered years.
99	99	(c) A director may serve consecutive terms of office.
100	100	Sec. 8601.0515. INITIAL BOARD. (a) The initial board
101	101	consists of:
102	102	Position 1--Larry Fox;
103	103	Position 2--Ray Whisenant;
104	104	Position 3--Michael Murphy;
105	105	Position 4--Scott Roberts; and
106	106	Position 5--Bill Goodwin.
107	107	(b) Directors Fox, Whisenant, and Murphy serve initial
108	108	terms expiring September 30, 2016. Directors Roberts and Goodwin
109	109	serve initial terms expiring September 30, 2014.
110	110	(c) A vacancy in a position on the initial board shall be
111	111	filled in the manner provided by Section 8601.053 for making an
112	112	appointment to the same position, except that an appointment to
113	113	fill a vacancy in position 4 or 5 does not require that both
114	114	positions be seated simultaneously.
115	115	(d) This section expires September 30, 2016.
116	116	Sec. 8601.052. ELIGIBILITY TO SERVE AS A DIRECTOR. (a) To
117	117	be eligible to serve as a director, an individual must be at least
118	118	18 years of age.
119	119	(b) To be eligible to serve as a director:
120	120	(1) in position 1, 2, or 3, an individual must reside
121	121	in Hays or Travis County;
122	122	(2) in position 4, an individual must reside in Hays
123	123	County; or
124	124	(3) in position 5, an individual must reside in Travis
125	125	County.
126	126	Sec. 8601.053. METHOD OF APPOINTING DIRECTORS. (a)
127	127	Directors are appointed or recommended for appointment to the five
128	128	numbered positions on the board by the governing body of each member
129	129	entity as follows:
130	130	(1) West Travis County Municipal Utility District No.
131	131	5 shall appoint the director who serves in position 1;
132	132	(2) Hays County shall appoint the director who serves
133	133	in position 2;
134	134	(3) the City of Bee Cave shall appoint the director who
135	135	serves in position 3;
136	136	(4) Hays County shall appoint the director who serves
137	137	in position 4, subject to approval by the member entities as
138	138	provided by Subsection (b); and
139	139	(5) the City of Bee Cave shall appoint the director who
140	140	serves in position 5, subject to approval by the member entities as
141	141	provided by Subsection (b).
142	142	(b) The governing bodies of all member entities must approve
143	143	the appointments of directors for positions 4 and 5 before the
144	144	persons begin to serve as directors. Upon approval, directors
145	145	appointed to serve in those positions shall be seated
146	146	simultaneously.
147	147	(c) Except to fill a vacancy, the appointment of a director
148	148	must be made during September of the year in which that position's
149	149	term begins.
150	150	Sec. 8601.054. VACANCY. (a) A vacancy in a position on the
151	151	board shall be filled in the same manner as an appointment to the
152	152	board for that position, except that a vacancy in position 4 or 5
153	153	does not require that positions 4 and 5 be seated simultaneously.
154	154	(b) A person appointed to fill a vacancy serves for the
155	155	remainder of the vacated term.
156	156	(c) Section 49.105, Water Code, does not apply to the
157	157	authority.
158	158	Sec. 8601.055. SERVICE ON BOARD BY EMPLOYEE OR OFFICER OF
159	159	OTHER PUBLIC ENTITY. (a) The common law doctrine of
160	160	incompatibility does not disqualify an employee or official of a
161	161	public entity from serving as a director.
162	162	(b) An employee, officer, or member of the governing body of
163	163	a public entity may serve as a director but may not have a personal
164	164	interest in a contract executed by the authority other than as an
165	165	employee, officer, or member of the governing body of the public
166	166	entity. If a director has a personal interest in a contract
167	167	executed by the authority, the director must abstain from any
168	168	participation in the matter. A director is not required to abstain
169	169	from further participation in the matter if a majority of the
170	170	members of the board of directors have similar interests in the same
171	171	official action.
172	172	Sec. 8601.056. COMPENSATION; EXPENSES. (a) A director
173	173	serves without compensation but, subject to board approval, may be
174	174	reimbursed for travel or other expenses incurred on behalf of the
175	175	authority if the director presents the board with a verified
176	176	statement of the expenses.
177	177	(b) Section 49.060, Water Code, does not apply to the
178	178	authority.
179	179	Sec. 8601.057. QUORUM. A majority of the membership of the
180	180	board constitutes a quorum for any meeting, and a concurrence of a
181	181	majority of the entire membership of the board is sufficient for
182	182	transacting any business of the authority.
183	183	Sec. 8601.058. OFFICERS. (a) Every two years on the
184	184	appointment or reappointment of directors, the board shall meet and
185	185	elect a president, a vice president, a secretary, and any other
186	186	officers or assistant officers the board considers necessary.
187	187	(b) The president is the chief executive officer of the
188	188	authority, presides at all meetings of the board, and shall execute
189	189	all documents on behalf of the authority unless the board
190	190	authorizes the general manager or other representative of the
191	191	authority to execute a document or documents on behalf of the
192	192	authority.
193	193	(c) The vice president shall act as president in case of the
194	194	absence or disability of the president.
195	195	(d) The secretary is responsible for seeing that all records
196	196	and books of the authority are properly kept and may attest the
197	197	president's signature on documents.
198	198	(e) The board may appoint another director, the general
199	199	manager, or any employee as assistant or deputy secretary to assist
200	200	the secretary, and any such person shall be entitled to certify as
201	201	to the authenticity of any record of the authority, including all
202	202	proceedings relating to bonds, contracts, or indebtedness of the
203	203	authority.
204	204	Sec. 8601.059. REMOVAL FROM OFFICE. A director may be
205	205	removed from office at any time, with or without cause, by the
206	206	member entity that appointed the director.
207	207	Sec. 8601.060. EX OFFICIO BOARD MEMBERS. (a) This section
208	208	applies only to a person who is not an appointed director.
209	209	(b) Any of the following persons, or any of those persons'
210	210	designees, is entitled to serve as an ex officio, nonvoting member
211	211	of the board:
212	212	(1) the Hays County judge;
213	213	(2) the City of Bee Cave city administrator; or
214	214	(3) the president of the West Travis County Municipal
215	215	Utility District No. 5 Board of Directors.
216	216	(c) A person designated as an ex officio member of the board
217	217	is entitled to receive notice of and to attend the authority's board
218	218	meetings.
219	219	(d) A person designated as an ex officio member of the board
220	220	is not counted for purposes of determining a quorum under Section
221	221	8601.057.
222	222	SUBCHAPTER C. POWERS AND DUTIES
223	223	Sec. 8601.101. GENERAL POWERS AND DUTIES. (a) The
224	224	authority has all the rights, powers, privileges, functions, and
225	225	duties necessary and convenient to accomplish the purposes of this
226	226	chapter.
227	227	(b) Except as provided by this chapter, the authority has
228	228	the powers and duties provided by the general law of this state
229	229	applicable to a special water authority under Chapter 49, Water
230	230	Code.
231	231	(c) The authority retains all the rights, powers,
232	232	privileges, functions, obligations, and duties of the West Travis
233	233	County Public Utility Agency as in effect before the effective date
234	234	of the Act enacting this chapter.
235	235	Sec. 8601.102. WATER AND WASTE POWERS. (a) The authority
236	236	may supply water for municipal uses, domestic uses, power, and
237	237	commercial purposes, and all other beneficial uses or controls.
238	238	(b) The authority may not use groundwater from the Barton
239	239	Springs Segment of the Edwards Aquifer as a source of the
240	240	authority's water supply. This section shall not be interpreted to
241	241	prohibit an aquifer storage and recovery project or a recharge
242	242	improvement project that enhances water supply in the Barton
243	243	Springs Segment of the Edwards Aquifer.
244	244	(c) The authority may collect, transport, process, dispose
245	245	of, and control all domestic, industrial, or communal wastes
246	246	whether in fluid, solid, or composite state.
247	247	Sec. 8601.103. AUTHORITY POLICIES, RULES, AND BYLAWS. The
248	248	authority may adopt and enforce policies, rules, and bylaws
249	249	reasonably required to implement this chapter, including rules
250	250	governing procedures before the board and rules regarding
251	251	implementation, enforcement, and any other matters related to the
252	252	exercise of the rights, powers, privileges, and functions conferred
253	253	on the authority by this chapter for the provision of water and
254	254	wastewater service.
255	255	Sec. 8601.104. EXTENSION OF SERVICES. (a) In this section,
256	256	"commission" means the Texas Commission on Environmental Quality.
257	257	(b) Except as provided by this section, the authority may
258	258	extend service to new customers located inside or outside the
259	259	authority's boundaries.
260	260	(c) The authority may not extend wastewater service to new
261	261	customers in Hays County that are located inside the
262	262	extraterritorial jurisdiction or municipal limits of a
263	263	municipality or to new customers located inside the
264	264	extraterritorial jurisdiction or municipal limits of the City of
265	265	Austin unless the authority sends the applicable municipality
266	266	written notice of its intent to provide the service and the
267	267	municipality does not object in writing to the extension of service
268	268	on or before the 60th day after the date of receiving notice.
269	269	(d) In accordance with the provisions of Section
270	270	8601.003(c) related to the protection, preservation, and
271	271	restoration of the purity and sanitary condition of water in this
272	272	state, except as provided by this subsection, the authority may not
273	273	extend service to new customers in an area served by the authority
274	274	that is located in the contributing and recharge zone of the Barton
275	275	Springs Segment of the Edwards Aquifer. Before the authority
276	276	approves an extension of authority service under this subsection,
277	277	the applicant requesting the service must certify to the authority
278	278	that:
279	279	(1) the applicant has submitted any required
280	280	applications, notifications, or plans to the commission; and
281	281	(2) a draft permit has been issued by the executive
282	282	director of the commission or by any other governmental entity with
283	283	the requisite jurisdiction for the purpose of managing stormwater
284	284	and all domestic, industrial, or communal wastes in a manner
285	285	sufficient to maintain and support the Texas Surface Water Quality
286	286	Standards, 30 T.A.C. Chapter 307, including the anti-degradation
287	287	policy adopted under those standards.
288	288	(e) The authority shall hold a public hearing and provide an
289	289	opportunity for public comment before extending authority service
290	290	to new customers not located in the service area identified in the
291	291	10-year capital improvement plan that:
292	292	(1) has been adopted from time to time in compliance
293	293	with Chapter 395, Local Government Code; and
294	294	(2) is in effect when an application for service is
295	295	received.
296	296	Sec. 8601.105. ACQUISITION, CONSTRUCTION, MAINTENANCE, AND
297	297	OPERATION OF SYSTEMS. (a) The authority may purchase, construct,
298	298	acquire, own, operate, maintain, repair, improve, or extend inside
299	299	or outside its boundaries any works, improvements, facilities,
300	300	plants, equipment, or appliances necessary to accomplish authority
301	301	purposes under this chapter, including all works, improvements,
302	302	facilities, plants, equipment, and appliances incident, helpful,
303	303	or necessary to provide services inside or outside the authority's
304	304	boundaries.
305	305	(b) Any new construction or extension of authority
306	306	facilities in the jurisdiction of a municipality must comply with
307	307	the municipality's:
308	308	(1) ordinances governing subdivision platting and
309	309	site development; and
310	310	(2) design criteria for fire flow.
311	311	Sec. 8601.106. WATER CONSERVATION OR DROUGHT CONTINGENCY
312	312	PLANS. The authority by rule may develop, prepare, revise, adopt,
313	313	implement, enforce, and manage comprehensive water conservation or
314	314	drought contingency plans for the authority or any portion of the
315	315	authority.
316	316	Sec. 8601.107. CONTRACTS AND INSTRUMENTS. The authority
317	317	may, as necessary or convenient to the exercise of the rights,
318	318	powers, privileges, and functions conferred on the authority by
319	319	this chapter:
320	320	(1) enter into a contract, including an interlocal
321	321	contract under Chapter 791, Government Code; or
322	322	(2) execute an instrument.
323	323	Sec. 8601.108. MEMBER ENTITY CONVEYANCES AND ACQUISITIONS.
324	324	(a) In this section, "utility system" has the meaning assigned by
325	325	Section 1502.001, Government Code.
326	326	(b) A member entity may convey a utility system facility or
327	327	asset or its interest in a utility system facility or asset to the
328	328	authority without holding an election to approve the conveyance.
329	329	(c) A member entity is exempt from the provisions of Chapter
330	330	1502, Government Code, regarding the conveyance, sale, or
331	331	acquisition of a utility system, or any related works,
332	332	improvements, facilities, plants, equipment, or appliances.
333	333	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
334	334	Sec. 8601.151. FEES, RATES, AND OTHER CHARGES. The board
335	335	shall establish, charge, and collect tolls, fees, user fees, rates,
336	336	and other charges for the sale or use of water, water connections,
337	337	wastewater service, wastewater connections, or other services
338	338	sold, furnished, or supplied by the authority inside and outside
339	339	the authority's boundaries. The tolls, fees, user fees, rates, and
340	340	other charges must be reasonable and nondiscriminatory and
341	341	sufficient to produce revenue adequate to:
342	342	(1) pay all expenses necessary to the operation and
343	343	maintenance of the properties and facilities of the authority;
344	344	(2) pay the interest on and principal of all bonds,
345	345	notes, or other obligations assumed, issued, or incurred by the
346	346	authority;
347	347	(3) pay the principal of and interest on and any other
348	348	amounts owed under any legal debt created or assumed by the
349	349	authority;
350	350	(4) pay all sinking fund and reserve fund payments
351	351	agreed to be made with respect to bonds, notes, or other obligations
352	352	and payable out of those revenues, as the payments become due and
353	353	payable; and
354	354	(5) fulfill the terms of any agreements made with the
355	355	bondholders, other counterparties or creditors, or with any person
356	356	on their behalf.
357	357	Sec. 8601.152. IMPACT FEES. The authority may assess and
358	358	collect impact fees under Chapter 395, Local Government Code,
359	359	inside and outside the authority's boundaries.
360	360	Sec. 8601.153. LATE OR PARTIAL PAYMENTS: INTEREST AND
361	361	PENALTIES. (a) The board may require the payment of interest on
362	362	any late or unpaid tolls, fees, user fees, impact fees, rates, or
363	363	other charges due the authority. The interest rate may not exceed
364	364	the interest rate permitted by Section 2251.025, Government Code.
365	365	(b) The board may impose penalties for the failure to make a
366	366	complete or timely payment to the authority.
367	367	Sec. 8601.154. ADMINISTRATIVE PENALTY. A person who
368	368	violates a rule or order of the authority is subject to an
369	369	administrative penalty of not more than $5,000, as determined by
370	370	the board, for each violation or each day of a continuing violation.
371	371	The person shall pay the penalty to the authority.
372	372	Sec. 8601.155. DISBURSEMENTS. (a) The authority may
373	373	disburse authority money by check, draft, order, federal reserve
374	374	wire system, or other instrument or authorization.
375	375	(b) Except as provided by Subsection (c), disbursements of
376	376	the authority must be signed by at least a majority of the
377	377	directors.
378	378	(c) The board by resolution may allow the general manager,
379	379	treasurer, bookkeeper, or other employee or representative of the
380	380	authority to sign disbursements.
381	381	Sec. 8601.156. NO AD VALOREM TAXATION OR SPECIAL
382	382	ASSESSMENTS. The authority may not impose an ad valorem tax or a
383	383	special assessment.
384	384	Sec. 8601.157. FISCAL YEAR. The authority's fiscal year
385	385	begins on October 1 and ends on September 30.
386	386	Sec. 8601.158. FRANCHISE FEES. The authority may not
387	387	assess or collect a franchise fee for the use of its real property.
388	388	The authority may pay a franchise fee to another governmental
389	389	entity.
390	390	SUBCHAPTER E. BONDS AND NOTES
391	391	Sec. 8601.201. REVENUE BONDS AND NOTES. (a) To accomplish
392	392	the purposes of the authority, the authority may issue bonds or
393	393	notes payable solely from and secured by all or part of any funds or
394	394	any revenue from any source or sources, including:
395	395	(1) tolls, fees, user fees, impact fees, rates, and
396	396	other charges the authority imposes or collects;
397	397	(2) the sale of water, water services, water rights or
398	398	capacity, water transmission rights or services, water pumping,
399	399	sewer services, or any other service or product of the authority
400	400	provided inside or outside the boundaries of the authority;
401	401	(3) grants or gifts;
402	402	(4) the ownership or operation of all or a designated
403	403	part of the authority's works, improvements, facilities, plants, or
404	404	equipment; and
405	405	(5) contracts between the authority and a member
406	406	entity, customer, or any other person.
407	407	(b) Bonds or notes issued by the authority may be first or
408	408	subordinate lien obligations at the board's discretion.
409	409	(c) In connection with any bonds or notes of the authority,
410	410	the authority may exercise any power of an issuer under Chapter
411	411	1371, Government Code.
412	412	(d) The authority may conduct a public, private, or
413	413	negotiated sale of the bonds or notes.
414	414	(e) The authority may enter into one or more indentures of
415	415	trust to further secure its bonds or notes.
416	416	(f) The authority may issue bonds or notes in more than one
417	417	series as necessary to carry out the purposes of this chapter. In
418	418	issuing bonds or notes secured by revenue of the authority, the
419	419	authority may reserve the right to issue additional bonds or notes
420	420	secured by the authority's revenue that are on parity with or are
421	421	senior or subordinate to the bonds or notes issued earlier.
422	422	(g) A resolution of the board or a trust indenture securing
423	423	the bonds or notes may specify additional provisions that
424	424	constitute a contract between the authority and its bondholders or
425	425	noteholders.
426	426	(h) Bonds and notes may be additionally secured by deed of
427	427	trust or mortgage on any or all of the authority's facilities.
428	428	(i) Bonds and notes issued by the authority are not subject
429	429	to approval by the Texas Commission on Environmental Quality, and
430	430	commission rules regarding bonds or notes do not apply to bonds or
431	431	notes issued by the authority.
432	432	Sec. 8601.202. ELECTION NOT REQUIRED. The authority is not
433	433	required to hold an election to approve the issuance of revenue
434	434	bonds or notes or other obligations under this subchapter.
435	435	Sec. 8601.203. USE OF REVENUE AND GROWTH PROJECTIONS. For
436	436	the purposes of attorney general review and approval and in lieu of
437	437	any other manner of demonstrating the ability to pay debt service
438	438	and satisfy any other pecuniary obligations relating to bonds,
439	439	notes, or other obligations, the authority may demonstrate its
440	440	ability to satisfy the debt service and those obligations using
441	441	accumulated funds of the authority and revenue and growth
442	442	projections prepared by a professional utility rate consultant at
443	443	the direction of the authority. If the resolution authorizing the
444	444	issuance of the bonds, notes, or other obligations provides that
445	445	the authority intends to increase rates to the extent necessary to
446	446	pay debt service and satisfy any other pecuniary obligations
447	447	arising under the bonds, notes, or other obligations, the revenue
448	448	projections prepared by a professional utility rate consultant may
449	449	include forecast rate increases and accumulated and available fund
450	450	balances as determined by the authority.
451	451	SECTION 5. On the effective date of this Act:
452	452	(1) the Hill Country Regional Water Authority shall
453	453	assume all assets, liabilities, and obligations of the West Travis
454	454	County Public Utility Agency;
455	455	(2) all contracts and written agreements of the West
456	456	Travis County Public Utility Agency are assigned to and assumed by
457	457	the Hill Country Regional Water Authority; and
458	458	(3) the Utilities Installment Purchase Agreement
459	459	entered January 17, 2012, between the Lower Colorado River
460	460	Authority and the West Travis County Public Utility Agency, as
461	461	amended, is assigned to and assumed by the Hill Country Regional
462	462	Water Authority created by Section 4 of this Act and is valid and
463	463	enforceable by its terms. Governmental immunity from liability or
464	464	suit is waived for the parties to enforce that Utilities
465	465	Installment Purchase Agreement to the extent provided by Subchapter
466	466	I, Chapter 271, Local Government Code.
467	467	SECTION 6. (a) The legal notice of the intention to
468	468	introduce this Act, setting forth the general substance of this
469	469	Act, has been published as provided by law, and the notice and a
470	470	copy of this Act have been furnished to all persons, agencies,
471	471	officials, or entities to which they are required to be furnished
472	472	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
473	473	Government Code.
474	474	(b) The governor, one of the required recipients, has
475	475	submitted the notice and Act to the Texas Commission on
476	476	Environmental Quality.
477	477	(c) The Texas Commission on Environmental Quality has filed
478	478	its recommendations relating to this Act with the governor, the
479	479	lieutenant governor, and the speaker of the house of
480	480	representatives within the required time.
481	481	(d) All requirements of the constitution and laws of this
482	482	state and the rules and procedures of the legislature with respect
483	483	to the notice, introduction, and passage of this Act are fulfilled
484	484	and accomplished.
485	485	SECTION 7. (a) Any eminent domain powers granted by general
486	486	law that apply to the Hill Country Regional Water Authority, as
487	487	created by this Act, take effect only if this Act receives a
488	488	two-thirds vote of all the members elected to each house.
489	489	(b) If this Act does not receive a two-thirds vote of all the
490	490	members elected to each house, Subchapter C, Chapter 8601, Special
491	491	District Local Laws Code, as added by this Act, is amended by adding
492	492	Section 8601.109 to read as follows:
493	493	Sec. 8601.109. NO EMINENT DOMAIN POWER. The district may
494	494	not exercise the power of eminent domain.
495	495	(c) This section is not intended to be an expression of a
496	496	legislative interpretation of the requirements of Section 17(c),
497	497	Article I, Texas Constitution.
498	498	SECTION 8. This Act takes effect immediately if it receives
499	499	a vote of two-thirds of all the members elected to each house, as
500	500	provided by Section 39, Article III, Texas Constitution. If this
501	501	Act does not receive the vote necessary for immediate effect, this
502	502	Act takes effect September 1, 2013.