Texas 2013 - 83rd Regular

Texas Senate Bill SB1870 Compare Versions

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1	1	By: Hegar S.B. No. 1870
2	2	(Zerwas)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the West Fort Bend Water Authority;
8	8	providing authority to issue bonds; granting the power of eminent
9	9	domain; providing an administrative penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle H, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8878 to read as follows:
13	13	CHAPTER 8878. WEST FORT BEND WATER AUTHORITY
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8878.001. DEFINITIONS. In this chapter:
16	16	(1) "Authority" means the West Fort Bend Water
17	17	Authority.
18	18	(2) "Board" means the board of directors of the
19	19	authority.
20	20	(3) "Commission" means the Texas Commission on
21	21	Environmental Quality or its successor.
22	22	(4) "Director" means a member of the board.
23	23	(5) "District" means any district created under
24	24	Sections 52(b)(1) and (2), Article III, or Section 59, Article XVI,
25	25	Texas Constitution, regardless of the manner of creation, other
26	26	than:
27	27	(A) a navigation district or port authority;
28	28	(B) a district governed by Chapter 36, Water
29	29	Code; or
30	30	(C) a district that does not have the legal
31	31	authority to supply water.
32	32	(6) "Groundwater reduction plan" means a plan adopted
33	33	or implemented to supply water, reduce reliance on groundwater,
34	34	regulate groundwater pumping and usage, or require and allocate
35	35	water usage among persons in order to comply with or exceed
36	36	requirements imposed by the Fort Bend Subsidence District or
37	37	applicable subsidence district, including any applicable
38	38	groundwater reduction requirements.
39	39	(7) "Large tract" means a tract of land of at least
40	40	1,000 acres owned by a single landowner.
41	41	(8) "Local government" means a municipality, county,
42	42	district, or other political subdivision of this state or a
43	43	combination of two or more of those entities.
44	44	(9) "Subsidence" means the lowering in elevation of
45	45	the surface of land by the withdrawal of groundwater.
46	46	(10) "System" means a network of pipelines, conduits,
47	47	valves, canals, pumping stations, force mains, treatment plants,
48	48	and any other construction, device, or related appurtenance used to
49	49	treat or transport water.
50	50	(11) "Water" includes:
51	51	(A) groundwater, percolating or otherwise;
52	52	(B) any surface water, natural or artificial,
53	53	navigable or nonnavigable; and
54	54	(C) industrial and municipal wastewater.
55	55	(12) "Well" includes a facility, device, or method
56	56	used to withdraw groundwater from a groundwater source within the
57	57	boundaries of the authority.
58	58	Sec. 8878.002. NATURE OF AUTHORITY. The authority is a
59	59	regional water authority in Fort Bend County created under and
60	60	essential to accomplish the purposes of Section 59, Article XVI,
61	61	Texas Constitution, including the acquisition and provision of
62	62	surface water and groundwater for residential, commercial,
63	63	industrial, agricultural, and other uses, the reduction of
64	64	groundwater withdrawals, the conservation, preservation,
65	65	protection, and recharge of groundwater and of groundwater
66	66	reservoirs or their subdivisions, the prevention of waste of
67	67	groundwater, the control of subsidence caused by the withdrawal of
68	68	water from groundwater reservoirs or their subdivisions, and other
69	69	public purposes stated in this chapter. The authority is a
70	70	political subdivision of this state.
71	71	Sec. 8878.003. CONFIRMATION ELECTION NOT REQUIRED. An
72	72	election to confirm the creation of the authority is not required.
73	73	Sec. 8878.004. INITIAL AUTHORITY TERRITORY. (a) The
74	74	authority is initially composed of the territory described by
75	75	Section 2 of the Act creating this chapter.
76	76	(b) The boundaries and field notes contained in Section 2 of
77	77	the Act creating this chapter form a closure. A mistake made in the
78	78	field notes or in copying the field notes in the legislative process
79	79	does not affect:
80	80	(1) the organization, existence, or validity of the
81	81	authority;
82	82	(2) the right of the authority to issue any type of
83	83	bond or note for the purposes for which the authority is created or
84	84	to pay the principal of and interest on a bond or note;
85	85	(3) the right of the authority to impose or collect a
86	86	fee, user fee, rate, or charge; or
87	87	(4) the legality or operation of the authority.
88	88	(c) All of the territory of a local government created after
89	89	the effective date of the Act creating this chapter that
90	90	encompasses any territory within the boundaries of the authority,
91	91	immediately on the creation and without any action required of the
92	92	authority, is subject to all of the rights, powers, privileges, and
93	93	rules of the authority to the same extent as the territory was
94	94	before the local government was created.
95	95	Sec. 8878.005. EXCLUSION OF CERTAIN TERRITORY. (a) The
96	96	governing body of a district or municipality or the owner of a large
97	97	tract may petition for exclusion of all of the territory of the
98	98	municipality, district, or large tract from the authority's
99	99	boundaries if, on the effective date of the Act creating this
100	100	chapter, all or any part of the municipality, district, or large
101	101	tract is located in the territory described by Section 2 of the Act
102	102	creating this chapter. The petition must be signed, as applicable,
103	103	by a majority of the members of the governing body of the district
104	104	or municipality or by the landowner of the large tract.
105	105	(b) The board shall:
106	106	(1) not later than the 180th day after the effective
107	107	date of the Act creating this chapter, grant the petition and order
108	108	the territory excluded if the petition:
109	109	(A) includes an accurate legal description of the
110	110	boundaries of the territory to be excluded; and
111	111	(B) is filed with the authority not later than
112	112	the 120th day after the effective date of the Act creating this
113	113	chapter; and
114	114	(2) if the board grants the petition, file for
115	115	recording in the office of the county clerk for the applicable
116	116	county or counties a copy of the order and a description of the
117	117	authority's boundaries as they exist after the exclusion of the
118	118	territory.
119	119	(c) If a district, municipality, or large tract is excluded
120	120	from the authority's boundaries under this section, the authority
121	121	is not required to:
122	122	(1) provide water or any other service to the
123	123	district, municipality, or large tract; or
124	124	(2) include the district, municipality, or large tract
125	125	in any groundwater reduction plan adopted or implemented by the
126	126	authority.
127	127	(d) If, not later than the 120th day after the effective
128	128	date of this chapter, the governing body of a district or
129	129	municipality or the owner of a large tract files a petition for
130	130	exclusion under this section, the authority may not impose fees,
131	131	user fees, rates, or charges on the district, municipality, or
132	132	large tract after the petition is filed with the authority unless
133	133	the district, municipality, or large tract is annexed by the
134	134	authority under Section 8878.006.
135	135	(e) If a district or municipality excluded or the owner of a
136	136	large tract excluded from the authority's boundaries under this
137	137	section petitions the authority to be annexed under Section
138	138	8878.006, the authority may annex the district, municipality, or
139	139	large tract. The authority may, as a condition of annexation,
140	140	require terms and conditions the board considers appropriate. The
141	141	authority may require the district, municipality, or owner of the
142	142	large tract to pay the authority the fees, user fees, and charges,
143	143	with interest, that, as determined by the authority, the district,
144	144	municipality, or owner of the large tract would have been charged by
145	145	the authority if the district, municipality, or large tract had not
146	146	been excluded from the authority under this section.
147	147	Sec. 8878.006. ANNEXATION. (a) Except to the extent the
148	148	authority agrees in writing, a municipality's annexation of
149	149	territory within the authority does not affect:
150	150	(1) the authority's powers inside or outside the
151	151	annexed territory;
152	152	(2) the authority's boundaries or contracts; or
153	153	(3) the authority's ability to assess fees, user fees,
154	154	rates, or charges inside or outside the territory annexed by the
155	155	municipality.
156	156	(b) Territory may be annexed to the authority, regardless of
157	157	whether the territory is contiguous to the authority, as provided
158	158	by Chapter 49, Water Code.
159	159	(c) In addition to the authority granted by Subsection (b),
160	160	regardless of whether the territory is contiguous to the authority,
161	161	the authority may annex some or all of the territory located within
162	162	a district or municipality if the district or municipality files
163	163	with the authority a petition requesting the annexation signed by a
164	164	majority of the members of the governing body of the district or
165	165	municipality. The petition must include an accurate legal
166	166	description of the boundaries of the territory to be included. If
167	167	the authority has bonds, notes, or other obligations outstanding,
168	168	the authority shall require the petitioning district or
169	169	municipality to be obligated to pay its share of the principal of
170	170	and interest on the outstanding bonds, notes, or other obligations,
171	171	and related costs. The board may grant the petition and order the
172	172	territory described by the petition annexed to the authority if it
173	173	is feasible, practicable, and to the advantage of the authority.
174	174	(d) Any territory that a district located within the
175	175	authority annexes becomes territory of the authority on the
176	176	effective date of the annexation without any action required of the
177	177	authority. The authority by rule may require all districts located
178	178	within the authority to send to the authority written notice of the
179	179	effective date of an annexation and require the districts to send to
180	180	the authority copies of any necessary documents describing the
181	181	annexed land and describing the districts' boundaries as they exist
182	182	after inclusion of the annexed land.
183	183	(e) The annexation to the authority of territory under this
184	184	section does not affect the validity of the authority's bonds
185	185	issued before or after the annexation.
186	186	(f) A municipality that annexes territory of the authority
187	187	for limited purposes under Subchapter F, Chapter 43, Local
188	188	Government Code, does not have the right to:
189	189	(1) receive notices from the authority under Section
190	190	8878.103(c);
191	191	(2) participate in the appointment of directors under
192	192	Subchapter B; or
193	193	(3) receive information about or have the opportunity
194	194	to fund its share of capital costs in the manner provided by the
195	195	authority under Section 8878.104.
196	196	Sec. 8878.007. APPLICABILITY OF OTHER LAW. (a) Except as
197	197	otherwise provided by this chapter, Chapter 49, Water Code, applies
198	198	to the authority.
199	199	(b) This chapter does not prevail over or preempt a
200	200	provision of Chapter 36, Water Code, or of Chapter 8801 or 8834 of
201	201	this code that is being implemented by the Fort Bend Subsidence
202	202	District or applicable subsidence district.
203	203	(c) Chapter 36, Water Code, does not apply to the authority.
204	204	Sec. 8878.008. FINDING OF BENEFIT. All the land, property,
205	205	and persons included within the boundaries of the authority will be
206	206	directly benefited by the works, projects, improvements, and
207	207	services to be provided by the authority under powers conferred by
208	208	Section 59, Article XVI, Texas Constitution, and this chapter. The
209	209	authority is created to serve a public use and benefit. The
210	210	creation of the authority will serve to promote the health, safety,
211	211	and general welfare of persons within the authority and the general
212	212	public. Any fees, user fees, rates, or charges imposed by the
213	213	authority under this chapter are necessary to pay for the costs of
214	214	accomplishing the purposes of the authority as set forth in Section
215	215	59, Article XVI, Texas Constitution, and this chapter, including:
216	216	(1) the reduction of groundwater withdrawals;
217	217	(2) the facilitation of compliance with the
218	218	requirements of the Fort Bend Subsidence District or applicable
219	219	subsidence district; and
220	220	(3) the provision of services, facilities, and
221	221	systems.
222	222	SUBCHAPTER B. BOARD OF DIRECTORS
223	223	Sec. 8878.051. DIRECTORS; TERMS. (a) The authority is
224	224	governed by a board of five directors.
225	225	(b) The directors serve staggered four-year terms, with two
226	226	or three directors' terms expiring May 15 of each even-numbered
227	227	year.
228	228	Sec. 8878.052. ELIGIBILITY TO SERVE AS DIRECTOR. To be
229	229	eligible to serve as a director of the authority or to be listed as
230	230	provided by Section 8878.056 on a ballot as a candidate for director
231	231	of the authority representing a director precinct, an individual
232	232	must:
233	233	(1) be at least 18 years of age;
234	234	(2) be a resident of the authority; and
235	235	(3) have served as a director of one or more districts
236	236	or as a member of the governing body of a municipality within the
237	237	authority for a total of at least four years.
238	238	Sec. 8878.053. DISQUALIFICATION OF DIRECTORS. Subject to
239	239	Section 8878.061, the common law doctrine of incompatibility does
240	240	not disqualify an official or an employee of a public entity from
241	241	serving as a director of the authority. A director who is also an
242	242	official or an employee of a public entity may not participate in
243	243	the discussion of or vote on a matter regarding a contract with that
244	244	public entity.
245	245	Sec. 8878.054. CONFLICTS OF INTEREST. Chapter 171, Local
246	246	Government Code, governs conflicts of interest of board members.
247	247	Sec. 8878.055. SINGLE-MEMBER DIRECTOR PRECINCTS. (a) The
248	248	authority is divided into five single-member director precincts,
249	249	the initial territories of which are described by Section 3 of the
250	250	Act creating this chapter.
251	251	(b) The board may redraw the single-member director
252	252	precincts in a manner that is reasonable and equitable:
253	253	(1) after any change in the boundaries of the
254	254	authority; or
255	255	(2) by a resolution redrawing the director precincts
256	256	adopted by a two-thirds majority of the board, based on changed
257	257	circumstances.
258	258	(c) The boundaries and field notes for each precinct
259	259	contained in Section 3 of the Act creating this chapter form a
260	260	closure. A mistake made in the field notes or in copying the field
261	261	notes in the legislative process does not affect the selection of a
262	262	director under this chapter.
263	263	Sec. 8878.056. METHOD OF APPOINTMENT OF DIRECTORS.
264	264	(a) Except as provided by Section 8878.057, the governing bodies
265	265	of the districts and municipalities located within each director
266	266	precinct jointly shall appoint one director to represent the
267	267	precinct by a vote conducted as provided by this section.
268	268	(b) If a district or municipality is located within two or
269	269	more director precincts, the district or municipality is
270	270	considered, for purposes of this section, to be located only within
271	271	the director precinct in which the greatest amount of territory of
272	272	the district or municipality is located.
273	273	(c) For the appointment of a director for a director
274	274	precinct, the board shall determine the number of votes each
275	275	district or municipality may cast. The number of votes for a
276	276	governing body of a district or municipality within the precinct is
277	277	equal to the number computed by dividing the total number of units
278	278	of water, as determined by the board, used within the precinct by
279	279	the district or municipality during the calendar year preceding the
280	280	year in which the director is selected by the total number of units
281	281	of water used within the precinct by all districts and
282	282	municipalities in the precinct, multiplying that quotient by 100,
283	283	and rounding that result to the nearest one-tenth. The board shall
284	284	provide the presiding officer of each governing body of a district
285	285	or municipality within each director precinct written notice of the
286	286	number of votes computed for that governing body to cast.
287	287	(d) For purposes of Subsection (c), the board shall
288	288	determine the amount of water usage of all districts and
289	289	municipalities within each director precinct.
290	290	(e) In the appropriate even-numbered year, the governing
291	291	body of each district or municipality in a director precinct by
292	292	resolution may nominate one candidate for the position of director
293	293	for that director precinct. Each district or municipality shall
294	294	submit the name of its candidate, if any, to the presiding officer
295	295	of the authority by February 15 of that year. If by February 15 of
296	296	that year only one candidate's name is submitted for the position of
297	297	director for a director precinct, the board may declare the
298	298	unopposed candidate elected and may cancel the director appointment
299	299	procedures generally required by this section for that position.
300	300	If more than one candidate's name is submitted for the position of
301	301	director for a director precinct, before March 15 of that year the
302	302	board shall prepare, for the director precinct or precincts from
303	303	which a director is being appointed, a ballot listing all of the
304	304	candidates for that director precinct and shall provide a copy of
305	305	the appropriate ballot to the presiding officer of the governing
306	306	body of each district or municipality located within the director
307	307	precinct from which a director is being appointed.
308	308	(f) An individual may not be listed as a candidate on the
309	309	ballot for more than one director position. If a candidate is
310	310	nominated for more than one director position, the candidate must
311	311	choose to be on the ballot for only one director position.
312	312	(g) The governing body of each district or municipality
313	313	shall determine its votes for director by resolution and submit
314	314	them to the presiding officer of the authority before May 1 of the
315	315	appropriate even-numbered year. In casting its votes for director,
316	316	the governing body of each district or municipality may vote for
317	317	only one candidate on the ballot for the director precinct in which
318	318	the district or municipality is located. For each director
319	319	precinct from which a director is being appointed, the board shall
320	320	count the votes, declare elected the candidate who received the
321	321	greatest number of votes from districts and municipalities located
322	322	within that director precinct, and submit the results before May 15
323	323	of that year to the governing body of each district or municipality
324	324	within that director precinct.
325	325	(h) The board may adopt rules regarding:
326	326	(1) the manner and timing of determinations and
327	327	calculations required by this section;
328	328	(2) the reporting of water usage to the authority by
329	329	districts and municipalities; and
330	330	(3) the conduct and process of the appointment of
331	331	directors.
332	332	Sec. 8878.057. APPOINTMENT OF DIRECTORS IN SPARSELY
333	333	POPULATED PRECINCTS. (a) For each precinct with a population of
334	334	less than 25,000, the Commissioners Court of Fort Bend County shall
335	335	appoint the director for that precinct. When the population within
336	336	a precinct reaches 25,000, as determined by federal census
337	337	information or as otherwise determined by the county, that precinct
338	338	is eligible to nominate and appoint a director in accordance with
339	339	Section 8878.056, who shall serve upon the expiration of the
340	340	appointed director's term.
341	341	(b) To be eligible for appointment under this section, a
342	342	person must be a resident of the county. Sections 8878.052(2) and
343	343	(3) do not apply to the eligibility of a person for appointment
344	344	under this section.
345	345	Sec. 8878.058. VACANCY IN OFFICE OF DIRECTOR. (a) A
346	346	vacancy in the office of director shall be filled by appointment by
347	347	the governing bodies of the districts and municipalities that are
348	348	located within the director precinct for which the vacancy
349	349	occurred. The appointment process shall follow the procedures of
350	350	Section 8878.056. The board may establish dates different from
351	351	those specified by Sections 8878.056(e) and (g), but the date for
352	352	the board's submission of the voting results to each district and
353	353	municipality may not be later than the 120th day after the date the
354	354	vacancy occurs.
355	355	(b) A vacancy in the office of director appointed by the
356	356	county under Section 8878.057 shall be filled by appointment by the
357	357	Commissioners Court of Fort Bend County.
358	358	Sec. 8878.059. MEETINGS AND ACTIONS OF BOARD. (a) The
359	359	board may meet as many times each year as the board considers
360	360	appropriate.
361	361	(b) Directors of the authority are public officials and are
362	362	entitled to governmental immunity for their actions in their
363	363	capacity as directors and officers of the authority.
364	364	Sec. 8878.060. GENERAL MANAGER. (a) The board may employ
365	365	a general manager of the authority or contract with a person to
366	366	perform the duties of a general manager. The board may delegate to
367	367	the general manager full authority to manage and operate the
368	368	affairs of the authority subject only to orders of the board.
369	369	(b) The board may delegate to the general manager the
370	370	authority to employ all persons necessary for the proper handling
371	371	of the business and operation of the authority and to determine the
372	372	compensation to be paid to all employees, other than the general
373	373	manager.
374	374	Sec. 8878.061. COMPENSATION; EXPENSES. A director who is
375	375	also an official of another public entity serves without
376	376	compensation but may be reimbursed for actual expenses incurred in
377	377	the performance of official duties. The expenses must be:
378	378	(1) reported in the authority's records; and
379	379	(2) approved by the board.
380	380	SUBCHAPTER C. POWERS AND DUTIES
381	381	Sec. 8878.101. GENERAL POWERS AND DUTIES. (a) The
382	382	authority may:
383	383	(1) provide for the conservation, preservation,
384	384	protection, recharge, and prevention of waste of groundwater, and
385	385	for the reduction of groundwater withdrawals as necessary to
386	386	develop, implement, or enforce a groundwater reduction plan, in a
387	387	manner consistent with the purposes of Section 59, Article XVI,
388	388	Texas Constitution, and facilitate compliance with Fort Bend
389	389	Subsidence District or applicable subsidence district rules,
390	390	orders, regulations, or requirements;
391	391	(2) acquire or develop surface water and groundwater
392	392	supplies from sources inside or outside the boundaries of the
393	393	authority, conserve, store, transport, treat, purify, distribute,
394	394	sell, and deliver water to or among persons inside and outside the
395	395	boundaries of the authority, and allocate water among persons
396	396	participating in the authority's groundwater reduction plan
397	397	whether they are located inside or outside the authority's
398	398	boundaries;
399	399	(3) enter into contracts with persons inside or
400	400	outside the authority on terms and conditions the board considers
401	401	desirable, fair, and advantageous for the performance of its
402	402	rights, powers, and authority under this chapter;
403	403	(4) coordinate water services provided inside,
404	404	outside, or into the authority;
405	405	(5) provide wholesale and retail water services to any
406	406	users or customers within the authority's boundaries without being
407	407	required to execute contracts with those users or customers;
408	408	(6) adopt policies establishing whether, when, and the
409	409	manner in which the authority uses requests for proposals in
410	410	obtaining services, including professional services;
411	411	(7) determine whether to adopt administrative
412	412	policies in addition to those required by Section 49.199, Water
413	413	Code; and
414	414	(8) administer and enforce this chapter.
415	415	(b) Sections 49.451-49.455, Water Code, do not apply to the
416	416	authority.
417	417	(c) Notwithstanding Subsection (a)(5), the authority may
418	418	not provide retail water service to a retail user within the
419	419	authority's boundaries that is located within the boundaries of a
420	420	district or municipality on the date the authority awards a
421	421	contract for the construction or executes a contract for the
422	422	acquisition of water facilities to serve that retail user, unless:
423	423	(1) the district or municipality consents in writing
424	424	to the authority's provision of retail water service; or
425	425	(2) the retail user owns or operates a well.
426	426	(d) If a retail user that does not own or operate a well is
427	427	added to the boundaries of a district or municipality after the date
428	428	the authority awards a contract for the construction or executes a
429	429	contract for the acquisition of water facilities to serve that
430	430	retail user, the authority may provide retail service to that
431	431	retail user without the written consent of the district or
432	432	municipality.
433	433	Sec. 8878.102. AUTHORITY RULES. The authority may adopt
434	434	and enforce rules reasonably required to implement this chapter,
435	435	including rules governing procedures before the board and rules
436	436	regarding implementation, enforcement, and any other matters
437	437	related to the authority's water supply or groundwater reduction
438	438	plan.
439	439	Sec. 8878.103. FEES, USER FEES, RATES, AND CHARGES.
440	440	(a) The authority may establish fees, user fees, rates, and
441	441	charges and classifications of payers of fees and rates as
442	442	necessary to enable the authority to fulfill the authority's
443	443	purposes and regulatory functions provided by this chapter. The
444	444	authority may impose fees, user fees, rates, and charges on any
445	445	person within the authority.
446	446	(b) The authority may charge the owner of a well located
447	447	within the authority's boundaries a fee or user fee according to the
448	448	amount of water pumped from the well. If ownership of a well
449	449	changes, both the prior and subsequent well owners are liable to the
450	450	authority, jointly and severally, for all fees and user fees
451	451	imposed by the authority under this subsection, and any related
452	452	penalties and interest, for water pumped from that well before the
453	453	change in well ownership. Notwithstanding Subsection (d), the
454	454	authority may impose a charge under this subsection on a well or
455	455	class of wells located in Fort Bend County that, on or after
456	456	February 1, 2013:
457	457	(1) ceases to be subject to a groundwater reduction
458	458	requirement imposed by the Fort Bend Subsidence District or
459	459	applicable subsidence district; or
460	460	(2) is no longer subject to the regulatory provisions,
461	461	permitting requirements, or jurisdiction of the Fort Bend
462	462	Subsidence District or applicable subsidence district.
463	463	(c) The board shall make reasonable efforts to send
464	464	districts and municipalities written notice of the date, time, and
465	465	location of the meeting at which the board intends to adopt a
466	466	proposed charge under Subsection (b) and the amount of the proposed
467	467	charge. The board's failure to comply with this subsection does not
468	468	invalidate a charge adopted by the board under Subsection (b).
469	469	(d) For wells located in Fort Bend County, the board shall
470	470	exempt from the charge under Subsection (b) classes of wells that
471	471	are not subject to any groundwater reduction requirement imposed by
472	472	the Fort Bend Subsidence District or applicable subsidence
473	473	district. If any of those classes of wells become subject to a
474	474	groundwater reduction requirement imposed by the applicable
475	475	subsidence district, the authority may impose the charge under
476	476	Subsection (b) on those classes. The board by rule may exempt any
477	477	other classes of wells from the charge under Subsection (b). The
478	478	board may not apply the charge under Subsection (b) to a well:
479	479	(1) with a casing diameter of less than five inches
480	480	that serves only a single-family dwelling; or
481	481	(2) regulated under Chapter 27, Water Code.
482	482	(e) For purposes of Subsection (d), a well is subject to a
483	483	groundwater reduction requirement if the applicable subsidence
484	484	district has adopted or adopts a requirement or rule that
485	485	groundwater withdrawals from the well, or from the well and other
486	486	wells collectively, be reduced, including a groundwater reduction
487	487	that is not required until a future date.
488	488	(f) The authority may establish fees, user fees, rates, and
489	489	charges that are sufficient to:
490	490	(1) achieve water conservation;
491	491	(2) prevent waste of water;
492	492	(3) serve as a disincentive to pumping groundwater;
493	493	(4) develop, implement, or enforce a groundwater
494	494	reduction plan;
495	495	(5) accomplish the purposes of this chapter, including
496	496	making available alternative water supplies;
497	497	(6) enable the authority to meet operation and
498	498	maintenance expenses;
499	499	(7) pay the principal of and interest on notes, bonds,
500	500	and other obligations issued in connection with the exercise of the
501	501	authority's general powers and duties; and
502	502	(8) satisfy all rate covenants relating to the
503	503	issuance of notes, bonds, and other obligations.
504	504	(g) The authority may charge rates established by the
505	505	authority for water purchased from the authority.
506	506	(h) The authority may impose fees, user fees, or charges for
507	507	the importation of water into the authority's boundaries from a
508	508	source located outside the authority's boundaries.
509	509	(i) The authority may impose a reasonable export fee or
510	510	surcharge for groundwater transferred out of the authority, in an
511	511	amount not to exceed 150 percent of the surface water fee charged by
512	512	the North Fort Bend Water Authority.
513	513	Sec. 8878.104. PURCHASE OF WATER FROM ANOTHER ENTITY.
514	514	(a) If the authority purchases water from another entity for
515	515	resale to local governments, the authority shall use its best
516	516	efforts in negotiating with the entity to determine the amount of
517	517	capital costs included in any rates or charges paid by the
518	518	authority. The authority shall determine the amount of expected
519	519	capital costs of its own system.
520	520	(b) The authority shall provide each district or
521	521	municipality within its boundaries information regarding the share
522	522	of the capital costs to be paid by the district or municipality, as
523	523	determined by the authority, and shall provide each district or
524	524	municipality the opportunity, in a manner and by a procedure
525	525	determined by the authority, to fund its share of the capital costs
526	526	with proceeds from the sale of bonds or fees and charges collected
527	527	by the districts or municipalities. A district or municipality may
528	528	use any lawful source of revenue, including bond funds, to pay any
529	529	sums due to the authority.
530	530	(c) The authority may adopt a procedure by which a district
531	531	or municipality may receive a credit from the authority. The board
532	532	may adopt any other procedure necessary to accomplish the goals of
533	533	this section.
534	534	(d) In complying with this section, the authority may use
535	535	any reasonable basis to calculate from time to time the share of the
536	536	capital costs of a district or municipality. The authority may
537	537	calculate the shares of the capital costs based on the amount of
538	538	water used within the authority by the district or municipality
539	539	during the calendar year preceding the year in which the
540	540	calculation is made.
541	541	(e) This section or any failure to comply with this section
542	542	does not limit or impede the authority's ability to issue bonds or
543	543	notes or invalidate any fees, user fees, charges, or rates imposed
544	544	by the authority.
545	545	Sec. 8878.105. INTEREST AND PENALTIES. The board may
546	546	require the payment of interest on any late or unpaid fees, user
547	547	fees, rates, or charges due the authority, but the interest rate may
548	548	not exceed the interest rate permitted by Section 2251.025,
549	549	Government Code. The board may also impose penalties for the
550	550	failure to make a complete or timely payment to the authority. In
551	551	addition, the board may exclude a person, or any territory or well
552	552	owned or controlled by a person, from the authority's groundwater
553	553	reduction plan for failure to make a complete or timely payment to
554	554	the authority.
555	555	Sec. 8878.106. ATTORNEY'S FEES AND COLLECTION EXPENSES.
556	556	(a) The authority is entitled to reasonable attorney's fees
557	557	incurred by the authority in enforcing its rules.
558	558	(b) The authority is entitled to collection expenses and
559	559	reasonable attorney's fees incurred by the authority in collecting
560	560	any delinquent fees, user fees, rates, and charges and any related
561	561	penalties and interest.
562	562	Sec. 8878.107. LIEN. (a) Fees and user fees imposed by the
563	563	authority under Section 8878.103(b), any related penalties and
564	564	interest, and collection expenses and reasonable attorney's fees
565	565	incurred by the authority:
566	566	(1) are a first and prior lien against the well to
567	567	which the fees or user fees apply;
568	568	(2) are superior to any other lien or claim other than
569	569	a lien or claim for county, school district, or municipal ad valorem
570	570	taxes; and
571	571	(3) are the personal liability of and a charge against
572	572	the owner of the well.
573	573	(b) A lien under this section is effective from the date of
574	574	the resolution or order of the board imposing the fee or user fee
575	575	until the fee or user fee is paid.
576	576	(c) The board may enforce the lien in the same manner that a
577	577	municipal utility district operating under Chapter 54, Water Code,
578	578	may enforce an ad valorem tax lien against real property.
579	579	Sec. 8878.108. ADMINISTRATIVE PENALTY; INJUNCTION. (a) A
580	580	person who violates a rule or order of the authority is subject to
581	581	an administrative penalty of not more than $5,000, as determined by
582	582	the board, for each violation or each day of a continuing violation.
583	583	The person shall pay the penalty to the authority.
584	584	(b) The authority may bring an action to recover the penalty
585	585	in a district court in the county where the violation occurred.
586	586	(c) The authority may bring an action for injunctive relief
587	587	in a district court in the county where a violation of an authority
588	588	rule or order occurs or is threatened to occur. The court may grant
589	589	to the authority, without bond or other undertaking, a prohibitory
590	590	or mandatory injunction that the facts warrant, including a
591	591	temporary restraining order, temporary injunction, or permanent
592	592	injunction.
593	593	(d) The authority may bring an action for an administrative
594	594	penalty and injunctive relief in the same proceeding.
595	595	Sec. 8878.109. WATER SUPPLY OR DROUGHT CONTINGENCY PLANS.
596	596	The authority by rule may develop, prepare, revise, adopt,
597	597	implement, enforce, and manage comprehensive water supply or
598	598	drought contingency plans for the authority, or any portion of the
599	599	authority.
600	600	Sec. 8878.110. GROUNDWATER REDUCTION PLAN. (a) The
601	601	authority may wholly or partly develop, prepare, revise, adopt,
602	602	implement, enforce, manage, or participate in a groundwater
603	603	reduction plan that is applicable only to the authority and one or
604	604	more persons outside the authority. The authority may require that
605	605	any groundwater reduction plan that the authority wholly or partly
606	606	develops, prepares, revises, adopts, implements, enforces, or
607	607	manages or in which the authority participates be the exclusive
608	608	groundwater reduction plan that is binding and mandatory on some or
609	609	all of the territory, persons, or wells located within the
610	610	authority. A groundwater reduction plan may:
611	611	(1) specify the measures to be taken to reduce
612	612	groundwater withdrawals;
613	613	(2) identify alternative sources of water, including
614	614	water from the authority, to be provided to those affected;
615	615	(3) identify the rates, terms, and conditions under
616	616	which alternative sources of water will be provided, which may be
617	617	changed from time to time as considered necessary by the authority;
618	618	(4) specify the dates and extent to which persons or
619	619	districts within the authority's boundaries shall reduce or cease
620	620	reliance on groundwater and accept water from alternative sources,
621	621	including water from the authority;
622	622	(5) include other terms and measures that are
623	623	consistent with the powers and duties of the authority;
624	624	(6) exceed the minimum requirements imposed by the
625	625	Fort Bend Subsidence District or applicable subsidence district,
626	626	including any applicable groundwater reduction requirements; and
627	627	(7) be amended from time to time at the discretion of
628	628	the authority.
629	629	(b) Fees, user fees, rates, and charges of the authority may
630	630	be imposed under this chapter for a person's participation in and
631	631	benefit derived from the authority's groundwater reduction plan, a
632	632	groundwater reduction plan in which the authority participates, or
633	633	the authority's works, projects, improvements, and services to be
634	634	provided by the authority under powers conferred by Section 59,
635	635	Article XVI, Texas Constitution, and this chapter.
636	636	Sec. 8878.111. ACQUISITION, CONSTRUCTION, AND OPERATION OF
637	637	SYSTEMS. (a) The authority may:
638	638	(1) acquire by purchase, gift, lease, contract, or any
639	639	other legal means a water treatment or supply system, or any other
640	640	works, plants, improvements, or facilities necessary or convenient
641	641	to accomplish the purposes of the authority, or any interest of the
642	642	authority, inside or outside the authority's boundaries;
643	643	(2) design, finance, operate, maintain, or construct a
644	644	water treatment or supply system or any other works, plants,
645	645	improvements, or facilities necessary or convenient to accomplish
646	646	the purposes of the authority and provide water services inside or
647	647	outside the authority's boundaries;
648	648	(3) lease or sell a water treatment or supply system or
649	649	any other works, plants, improvements, or facilities necessary or
650	650	convenient to accomplish the purposes of the authority that the
651	651	authority constructs or acquires inside or outside the authority's
652	652	boundaries;
653	653	(4) contract with any person to operate or maintain a
654	654	water treatment or supply system the person owns; or
655	655	(5) acquire water rights under any law or permit.
656	656	(b) The authority may contract, according to terms and
657	657	conditions the board considers desirable, fair, and advantageous,
658	658	with a person outside the authority's boundaries:
659	659	(1) to allow the person, or the person's well, to be
660	660	included in a groundwater reduction plan adopted or implemented
661	661	wholly or partly by the authority or in a groundwater reduction plan
662	662	in which the authority participates;
663	663	(2) to sell water to the person; or
664	664	(3) to sell the person available excess capacity or
665	665	additional capacity of the authority's water treatment or supply
666	666	system.
667	667	(c) The authority by rule may require that the plans and
668	668	specifications of water lines to be constructed within the
669	669	authority that are designed or intended to serve more than one
670	670	district or more than one person owning or holding a well permit
671	671	issued by the Fort Bend Subsidence District or applicable
672	672	subsidence district be approved by the authority before the
673	673	commencement of construction of the water lines.
674	674	Sec. 8878.112. SALE OR REUSE OF WATER OR BY-PRODUCT. The
675	675	authority may store, sell, or reuse:
676	676	(1) water; or
677	677	(2) any by-product from the authority's operations.
678	678	Sec. 8878.113. CONTRACTS. (a) The authority may enter
679	679	into a contract with a person for the performance of a purpose or
680	680	function of the authority, including a contract to design,
681	681	construct, finance, lease, own, manage, operate, or maintain works,
682	682	improvements, facilities, plants, equipment, or appliances
683	683	necessary to accomplish a purpose or function of the authority. A
684	684	contract may be of unlimited duration.
685	685	(b) The authority may purchase, acquire, finance, or lease
686	686	an interest in a project used for a purpose or function of the
687	687	authority.
688	688	(c) The authority may contract for:
689	689	(1) the purchase, sale, or lease of water or water
690	690	rights;
691	691	(2) the performance of activities within the powers of
692	692	the authority through the purchase, construction, or installation
693	693	of works, improvements, facilities, plants, equipment, or
694	694	appliances; or
695	695	(3) the design, construction, ownership, management,
696	696	maintenance, or operation of any works, improvements, facilities,
697	697	plants, equipment, or appliances of the authority or another
698	698	person.
699	699	(d) The authority may purchase surplus property from this
700	700	state, the United States, or another public entity through a
701	701	negotiated contract without bids.
702	702	Sec. 8878.114. COOPERATION WITH AND ASSISTANCE OF OTHER
703	703	GOVERNMENTAL ENTITIES. (a) In implementing this chapter, the
704	704	board may cooperate with and request the assistance of the Texas
705	705	Water Development Board, the commission, the United States
706	706	Geological Survey, the Fort Bend Subsidence District or applicable
707	707	subsidence district, other local governments, and other agencies of
708	708	the United States and this state.
709	709	(b) The Fort Bend Subsidence District or applicable
710	710	subsidence district may enter into an interlocal contract with the
711	711	authority to carry out the authority's purposes and may carry out
712	712	the governmental functions and services specified in the interlocal
713	713	contract.
714	714	(c) For the purpose of reducing costs associated with
715	715	preparing a groundwater reduction plan, the board may consider the
716	716	usefulness of a water supply study or plan prepared by or on behalf
717	717	of the North Fort Bend Water Authority, the Central Harris County
718	718	Regional Water Authority, the North Harris County Regional Water
719	719	Authority, the West Harris County Regional Water Authority, the
720	720	City of Houston, the City of Sugar Land, the City of Missouri City,
721	721	Fort Bend County Water Control and Improvement District No. 2, the
722	722	City of Richmond, the City of Rosenberg, Pecan Grove Municipal
723	723	Utility District, or another governmental entity to the extent the
724	724	study or plan is available and applicable to the authority.
725	725	Sec. 8878.115. GIFTS AND GRANTS. The authority may accept a
726	726	gift or grant from money collected by the Fort Bend Subsidence
727	727	District or applicable subsidence district to fund the
728	728	construction, maintenance, or operation of a water treatment or
729	729	supply system.
730	730	Sec. 8878.116. EXPENDITURES. (a) The authority's money
731	731	may be disbursed only by check, draft, order, federal reserve wire
732	732	system, or other instrument or authorization.
733	733	(b) Disbursements of the authority must be signed by at
734	734	least a majority of the directors. The board by resolution may
735	735	allow the general manager, treasurer, bookkeeper, or other employee
736	736	of the authority to sign disbursements, except as limited by
737	737	Subsection (c).
738	738	(c) The board by resolution may allow disbursements to be
739	739	transferred by federal reserve wire system to accounts in the name
740	740	of the authority without the necessity of any directors signing the
741	741	disbursement. Disbursements of the authority's money by federal
742	742	reserve wire system to any accounts not in the name of the authority
743	743	must be signed by at least a majority of the directors.
744	744	Sec. 8878.117. AD VALOREM TAXATION. The authority may not
745	745	impose an ad valorem tax.
746	746	Sec. 8878.118. EMINENT DOMAIN. (a) The authority may
747	747	acquire by condemnation any land, easements, or other property
748	748	inside the authority's boundaries to further authorized purposes,
749	749	powers, or duties of the authority. The authority may acquire by
750	750	condemnation any land, easements, or other property outside the
751	751	authority's boundaries for the purposes of pumping, storing,
752	752	treating, or transporting water. When exercising the power of
753	753	eminent domain granted by this section, the authority may elect to
754	754	condemn either the fee simple title or a lesser property interest.
755	755	(b) The authority may exercise the power of eminent domain
756	756	in the manner provided by Chapter 21, Property Code. The authority
757	757	is not required to give bond for appeal or bond for costs in a
758	758	condemnation suit or other suit to which it is a party. The
759	759	authority is not required to deposit more than the amount of an
760	760	award in a suit.
761	761	(c) The authority may not use the power of eminent domain
762	762	for the condemnation of land for the purpose of acquiring rights to
763	763	groundwater or for the purpose of acquiring water or water rights.
764	764	Sec. 8878.119. ACTION AGAINST PERSON, DISTRICT, OR
765	765	POLITICAL SUBDIVISION. (a) The authority may bring an action in a
766	766	district court against a person, including a district or other
767	767	political subdivision located in the authority's territory or
768	768	included in the authority's groundwater reduction plan, to:
769	769	(1) recover any fees, rates, charges, collection
770	770	expenses, attorney's fees, interest, penalties, or administrative
771	771	penalties due the authority; or
772	772	(2) enforce the authority's rules or orders.
773	773	(b) Governmental immunity from suit or liability of a
774	774	district or other political subdivision is waived for the purposes
775	775	of an action under this section.
776	776	SUBCHAPTER D. BONDS AND NOTES
777	777	Sec. 8878.151. REVENUE BONDS AND NOTES. (a) The authority
778	778	may issue bonds or notes payable solely from revenue from any
779	779	source, including:
780	780	(1) tolls, charges, rates, fees, and user fees the
781	781	authority imposes or collects;
782	782	(2) the sale of water, water services, water rights or
783	783	capacity, water transmission rights or services, water pumping, or
784	784	any other service or product of the authority provided inside or
785	785	outside the boundaries of the authority;
786	786	(3) grants or gifts;
787	787	(4) the ownership or operation of all or a designated
788	788	part of the authority's works, improvements, facilities, plants, or
789	789	equipment; and
790	790	(5) contracts between the authority and any person.
791	791	(b) Notes issued by the authority may be first or
792	792	subordinate lien notes at the board's discretion.
793	793	(c) In connection with any bonds or notes of the authority,
794	794	the authority may exercise any power of an issuer under Chapter
795	795	1371, Government Code.
796	796	(d) The authority may conduct a public, private, or
797	797	negotiated sale of the bonds or notes.
798	798	(e) The authority may enter into one or more indentures of
799	799	trust to further secure its bonds or notes.
800	800	(f) The authority may issue bonds or notes in more than one
801	801	series as necessary to carry out the purposes of this chapter. In
802	802	issuing bonds or notes secured by revenue of the authority, the
803	803	authority may reserve the right to issue additional bonds or notes
804	804	secured by the authority's revenue that are on a parity with or are
805	805	senior or subordinate to the bonds or notes issued earlier.
806	806	(g) A resolution of the board authorizing the bonds or notes
807	807	or a trust indenture securing the bonds or notes may specify
808	808	additional provisions that constitute a contract between the
809	809	authority and its bondholders or noteholders.
810	810	(h) Bonds and notes may be additionally secured by deed of
811	811	trust or mortgage on any or all of the authority's facilities.
812	812	(i) The authority may issue refunding bonds or notes to
813	813	refund any of its bonds or notes in any manner provided by law.
814	814	(j) Sections 49.153, 49.154, and 49.181, Water Code, do not
815	815	apply to bonds or notes issued by the authority. Commission rules
816	816	regarding bonds or notes do not apply to bonds or notes issued by
817	817	the authority.
818	818	SECTION 2. The West Fort Bend Water Authority initially
819	819	includes the territory that is contained in all five of the
820	820	single-member director precincts described in Section 3 of this Act
821	821	and may contain noncontiguous parcels of land and territory that is
822	822	located within the boundaries of any other governmental entity or
823	823	political subdivision of the state. The following areas are
824	824	specifically excluded from the boundaries of the West Fort Bend
825	825	Water Authority:
826	826	1. Territory included within the boundaries of North Fort Bend
827	827	Water Authority and the West Harris County Regional Water Authority
828	828	as of January 1, 2013; and
829	829	2. Territory included within the corporate limits of the City of
830	830	Houston as of January 1, 2013; and
831	831	3. Territory included within the corporate or extraterritorial
832	832	jurisdiction limits of the following municipalities as of January
833	833	1, 2013:
834	834	a. City of Alvin
835	835	b. City of Arcola
836	836	c. City of Fulshear
837	837	d. City of Missouri City
838	838	e. City of Pearland
839	839	f. City of Richmond
840	840	g. City of Rosenberg
841	841	h. City of Stafford and
842	842	i. City of Sugar Land; and
843	843	4. Territory included within Booth Ranch Municipal Utility
844	844	District as of January 1, 2013; and
845	845	5. All of that land owned by the George Foundation and described in
846	846	Exhibit A of a Memorandum of Agreement between the George
847	847	Foundation and the North Fort Bend Water Authority dated October 1,
848	848	2007 and recorded under Fort Bend County Clerk's File No.
849	849	2008035000; and
850	850	6. Territory included within Fort Bend County Water Control and
851	851	Improvement District No. 2 as of January 1, 2013.
852	852	(2) In SECTION 3 of the bill, strike the Precincts 4 and 5
853	853	descriptions (page 16, line 17, through page 17, line 24), and
854	854	substitute the following:
855	855	Precinct 4
856	856	Description
857	857	PART 1
858	858	BEGINNING at a point in the North line of Brazoria County, same
859	859	being the South line of Fort Bend County and being the intersection
860	860	of said common County line with the centerline of State Highway No.
861	861	36;
862	862	THENCE, Northwesterly and Northerly, along and with the centerline
863	863	of said State Highway No. 36 to the intersection of said centerline
864	864	with the South corporate limits of the City of Rosenberg (all
865	865	references to the corporate limits of the City of Rosenberg are as
866	866	of January 1, 2013);
867	867	THENCE, Southerly and Easterly along and with the Westerly and
868	868	Southerly lines of the South corporate limits of said City of
869	869	Rosenberg and the City of Rosenberg Extraterritorial Jurisdiction
870	870	(all references to the limits of the City of Rosenberg
871	871	Extraterritorial Jurisdiction are as of January 1, 2013) to the
872	872	intersection of said Southerly limits with the West line of the Town
873	873	of Thompsons Extraterritorial Jurisdiction;
874	874	THENCE, Southerly and Easterly, along and with the Westerly and
875	875	Southerly lines of said Town of Thompsons Extraterritorial
876	876	Jurisdiction to the intersection of said Southerly line and the
877	877	centerline of Farm to Market Highway (FM) 762;
878	878	THENCE, in a general Southerly direction, along and with the
879	879	centerline of said FM 762 to the intersection of said centerline
880	880	with the centerline of FM 1462;
881	881	THENCE, Westerly and Southwesterly, along and with the centerline
882	882	of said FM 1462 to the intersection of said centerline with the
883	883	North line of said Brazoria County, same being the South line of
884	884	said Fort Bend County;
885	885	THENCE, Northwesterly, along and with the North line of said
886	886	Brazoria County, same being the South line of said Fort Bend County
887	887	to the POINT OF BEGINNING.
888	888	PART 2
889	889	BEGINNING at the intersection of the centerline of Ricefield Road
890	890	with an interior Southeast line of the City of Rosenberg
891	891	Extraterritorial Jurisdiction, being approximately 4,000 feet
892	892	Southeast from the intersection of the centerline of said Ricefield
893	893	Road with the centerline of FM 2977;
894	894	THENCE, Northeasterly along and with the an interior Southeast line
895	895	of said City of Rosenberg Extraterritorial Jurisdiction to the
896	896	intersection of said Southeast line with a South line in the
897	897	Southeast Corporate limits of said City of Rosenberg;
898	898	THENCE, Easterly along and with the South line of said Southeast
899	899	Corporate limits of said City of Rosenberg to the intersection of
900	900	said South line with an interior West line of the City of Rosenberg
901	901	Extraterritorial Jurisdiction;
902	902	THENCE, Southeast along and with a West line of the City of
903	903	Rosenberg Extraterritorial Jurisdiction to the intersection of
904	904	said West line with the centerline of said Ricefield Road.
905	905	THENCE, Northeasterly along and with the centerline of said
906	906	Ricefield Road to the POINT OF BEGINNING.
907	907	PART 3
908	908	All of that land described as 195 acres in Exhibit A of said
909	909	Memorandum of Agreement and labeled as Tract 4 in Exhibit A-2 of a
910	910	Memorandum of Agreement between the George Foundation and the North
911	911	Fort Bend Water Authority dated October 1, 2007 and recorded under
912	912	Fort Bend County Clerk's File No. 2008035000.
913	913	Precinct 5
914	914	Description
915	915	PART 1
916	916	BEGINNING at a point in the North line of Brazoria County, same
917	917	being the South line of Fort Bend County and being the Southwesterly
918	918	intersection of said common County line with the centerline Farm to
919	919	Market Highway (FM) 1462 and being located approximately 250 feet
920	920	Southwesterly from the intersection of said FM 1462 with Nordt
921	921	Road;
922	922	THENCE, Northeasterly and Easterly, along and with the centerline
923	923	of said FM 1462 to the intersection of said centerline with the
924	924	centerline of FM 762;
925	925	THENCE, in a general Northerly direction, along and with the
926	926	centerline of said FM 762 to the intersection of said centerline
927	927	with a the Southwesterly extension of a Southeast line of that land
928	928	owned by the George Foundation and described as Tract 1 in Exhibit A
929	929	of a Memorandum of Agreement between the George Foundation and the
930	930	North Fort Bend Water Authority dated October 1, 2007 and recorded
931	931	under Fort Bend County Clerk's File No. 2008035000;
932	932	THENCE, Northeasterly over and across the right-of-way of said FM
933	933	762 to a Southerly corner of said Tract 1 in the Northeast
934	934	right-of-way line of said FM 762;
935	935	THENCE, in a general Northeasterly direction along and with the
936	936	Southerly and Easterly lines of said Tract 1 to the intersection of
937	937	said Easterly line with the South line of the City of Sugar Land
938	938	Extraterritorial Jurisdiction (all references to the limits of the
939	939	City of Sugar Land Extraterritorial Jurisdiction are as of January
940	940	1, 2013), same being the north line of the Town of Thompsons
941	941	Extraterritorial Jurisdiction (all references to the limits of the
942	942	Town of Thompsons Extraterritorial Jurisdiction are as of January
943	943	1, 2013);
944	944	THENCE, in a general Southeasterly direction, along and with the
945	945	Northerly and Easterly lines of said Town of Thompsons
946	946	Extraterritorial Jurisdiction and the Northeast corporate limits
947	947	of the Town of Thompsons (all references to the limits of the Town
948	948	of Thompsons are as of January 1, 2013) to the intersection of said
949	949	Easterly line and the North line of line of that land owned by the
950	950	George Foundation and described as Tract 2 in Exhibit A of said
951	951	Memorandum of Agreement;
952	952	THENCE, Westerly, Southerly, and Easterly, along and with the
953	953	Northerly, Westerly, and Southerly lines of said land owned by the
954	954	George Foundation to the West line of the City of Alvin
955	955	Extraterritorial Jurisdiction (all references to the limits of the
956	956	City of Alvin Extraterritorial Jurisdiction are as of January 1,
957	957	2013);
958	958	THENCE, in a general Southerly direction, along and with the West
959	959	line of said City of Alvin Extraterritorial Jurisdiction to a point
960	960	in the centerline of Cow Creek just upstream from its confluence
961	961	with the Brazos River, same being the North line of said Brazoria
962	962	County and the South line of said Fort Bend County;
963	963	THENCE, Westerly, Southerly, and Northwesterly along and with the
964	964	North line of said Brazoria County and the South line of said Fort
965	965	Bend County (said common County line partly being the centerline of
966	966	said Cow Creek) to the POINT OF BEGINNING.
967	967	SAVE AND EXCEPT that land owned by the George Foundation and
968	968	described as Tract 3 and Tract 6 in Exhibit A of said Memorandum of
969	969	Agreement.
970	970	PART 2
971	971	BEGINNING at the intersection of the East corporate limits of the
972	972	City of Rosenberg (all references to the corporate limits of the
973	973	City of Rosenberg are as of January 1, 2013) with the South line of
974	974	said City of Sugar Land Extraterritorial Jurisdiction, and being
975	975	approximately 2,000 feet east of the intersection of said FM 762 and
976	976	FM 2759;
977	977	THENCE, Easterly and Southerly along and with the South and West
978	978	lines of said City of Sugar Land Extraterritorial Jurisdiction to a
979	979	point in the Northeast line of said Tract 1;
980	980	THENCE, Northwesterly along and with the Northeast line of said
981	981	Tract 1 to the to its intersection with said East corporate limits
982	982	of the City of Rosenberg;
983	983	THENCE, Northeasterly, Northwesterly, and Northerly along and with
984	984	said East Corporate Limits to the POINT OF BEGINNING.
985	985	PART 3
986	986	BEGINNING at the intersection of an East line of said City of Sugar
987	987	Land Extraterritorial Jurisdiction with the South line of the Booth
988	988	Ranch Municipal Utility District;
989	989	THENCE, Easterly and Northerly along and with the South and East
990	990	lines of said Booth Ranch Municipal Utility District to the
991	991	intersection of said East line with the South line of said City of
992	992	Sugar Land Extraterritorial Jurisdiction;
993	993	THENCE, Easterly and Southerly along and with the South and West
994	994	lines of said City of Sugar Land Extraterritorial Jurisdiction to
995	995	the intersection of said West line with the North line of said Tract
996	996	1;
997	997	THENCE, in a general Westerly direction along and with the
998	998	Northerly lines of said Tract 1 to the intersection of said North
999	999	line with said East line of the City of Sugar Land Extraterritorial
1000	1000	Jurisdiction;
1001	1001	THENCE, Northerly along and with said East line of the City of Sugar
1002	1002	Land Extraterritorial Jurisdiction to the POINT OF BEGINNING.
1003	1003	SECTION 3. The West Fort Bend Water Authority includes five
1004	1004	single-member director precincts as follows:
1005	1005	Precinct 1
1006	1006	Description
1007	1007	BEGINNING at a point in the centerline of the Brazos River, same
1008	1008	being the East line of Austin County for the common West corner of
1009	1009	Waller and Fort Bend Counties;
1010	1010	THENCE, in a general Easterly direction, along and with the South
1011	1011	line of said Waller County, same being the North line of said Fort
1012	1012	Bend County to the intersection of said County line with the West
1013	1013	limits of the City of Fulshear Extraterritorial Jurisdiction (all
1014	1014	references to the limits of the City of Fulshear Extraterritorial
1015	1015	Jurisdiction are as of January 1, 2013);
1016	1016	THENCE, Southerly and Easterly, along and with the West limits of
1017	1017	said City of Fulshear Extraterritorial Jurisdiction to the
1018	1018	intersection of an interior South line of said City of Fulshear
1019	1019	Extraterritorial Jurisdiction with the West line of the North Fort
1020	1020	Bend Water Authority;
1021	1021	THENCE, Southerly, along and with the West line of said North Fort
1022	1022	Bend Water Authority to the intersection of said West line with an
1023	1023	interior North line of said City of Fulshear Extraterritorial
1024	1024	Jurisdiction in the centerline of North Fulshear Drive;
1025	1025	THENCE, Westerly, Southerly, and Easterly, along and with the
1026	1026	Westerly limits of said City of Fulshear Extraterritorial
1027	1027	Jurisdiction and partly along and with the Easterly limits of the
1028	1028	City of Weston Lakes Extraterritorial Jurisdiction (all references
1029	1029	to the limits of the City of Weston Lakes Extraterritorial
1030	1030	Jurisdiction are as of January 1, 2013) to a point in the centerline
1031	1031	of Farm to Market (FM) Highway No. 1093;
1032	1032	THENCE, Westerly, along and with the centerline of said FM 1093, to
1033	1033	the intersection of said centerline with the centerline of said
1034	1034	Brazos River, same being the East line of said Austin County and the
1035	1035	West line of said Fort Bend County;
1036	1036	THENCE, in a general Northerly direction, upstream and along and
1037	1037	with the centerline of said Brazos River, same being the East line
1038	1038	of said Austin County and the West line of said Fort Bend County to
1039	1039	the POINT OF BEGINNING.
1040	1040	Precinct 2
1041	1041	Description
1042	1042	BEGINNING at a point in the centerline of the Brazos River, same
1043	1043	being the East line of Austin County and the West line of said Fort
1044	1044	Bend County for the intersection of the centerline of said Brazos
1045	1045	River with the centerline of Farm to Market (FM) Highway No. 1093;
1046	1046	THENCE, in an Easterly direction, along and with the centerline of
1047	1047	said FM 1093 to the intersection of said centerline with an interior
1048	1048	West line of the City of Fulshear Extraterritorial Jurisdiction
1049	1049	(all references to the limits of the City of Fulshear
1050	1050	Extraterritorial Jurisdiction are as of January 1, 2013);
1051	1051	THENCE, in a Southeasterly direction, along and with the West
1052	1052	limits of said City of Fulshear Extraterritorial Jurisdiction to
1053	1053	the intersection of said West limits with the West line of the North
1054	1054	Fort Bend Water Authority;
1055	1055	THENCE, Southerly and Easterly, along and with the West and South
1056	1056	lines of said North Fort Bend Water Authority to the intersection of
1057	1057	the South line of said North Fort Bend Water Authority with the West
1058	1058	line of the City of Rosenberg Extraterritorial Jurisdiction (all
1059	1059	references to the limits of the City of Rosenberg Extraterritorial
1060	1060	Jurisdiction are as of January 1, 2013);
1061	1061	THENCE, Southerly, along and with the Westerly limits of said City
1062	1062	of Rosenberg Extraterritorial Jurisdiction to a point in the
1063	1063	centerline of U.S. Highway 90A;
1064	1064	THENCE, Westerly, along and with the centerline of U.S. Highway
1065	1065	90A, to the intersection of said centerline with the centerline of
1066	1066	the San Bernard River, same being the East line of Wharton County
1067	1067	and the West line of said Fort Bend County;
1068	1068	THENCE, in a general Northerly direction and upstream along and
1069	1069	with the centerline of said San Bernard River, same being the East
1070	1070	line of said Wharton County and the West line of said Fort Bend
1071	1071	County to a point for the common West corner of said Austin County
1072	1072	and said Fort Bend County;
1073	1073	THENCE, Easterly and Northerly, along and with South and East lines
1074	1074	of said Austin County, same being an interior North line and the
1075	1075	West line of said Fort Bend County to a point in the centerline of
1076	1076	said Brazos River;
1077	1077	THENCE, in a general Northerly direction, upstream and along and
1078	1078	with the centerline of said Brazos River, same being the East line
1079	1079	of said Austin County and the West line of said Fort Bend County to
1080	1080	the POINT OF BEGINNING.
1081	1081	Precinct 3
1082	1082	Description
1083	1083	PART 1
1084	1084	BEGINNING at a point in the center of the San Bernard River, same
1085	1085	being the East line of Wharton County and the West line of Fort bend
1086	1086	County for the intersection of the centerline of said San Bernard
1087	1087	River with the centerline of US Highway 90;
1088	1088	THENCE, in an Easterly Northeast direction, along and with the
1089	1089	centerline of said US Highway 90 to the intersection of said
1090	1090	centerline with a Northerly extension of the West right-of-way line
1091	1091	of Beasley - West End Road, same being an interior West line of the
1092	1092	City of Rosenberg Extraterritorial Jurisdiction (all references to
1093	1093	the limits of the City of Rosenberg Extraterritorial Jurisdiction
1094	1094	are as of January 1, 2013), same also being an interior East line of
1095	1095	the City of Orchard Extraterritorial Jurisdiction (all references
1096	1096	to the limits of the City of Orchard Extraterritorial Jurisdiction
1097	1097	are as of January 1, 2013);
1098	1098	THENCE, along and with the common line between the Extraterritorial
1099	1099	Jurisdiction limits of said City of Rosenberg and said City of
1100	1100	Orchard and along and with the Extraterritorial Jurisdiction
1101	1101	Boundary Agreement between said cities as established and described
1102	1102	in City of Orchard Ordinance No. 68-2003 the following courses;
1103	1103	Southerly along and with the Westerly right-of-way line of
1104	1104	said Beasley - West End Road to the intersection of said Westerly
1105	1105	right-of-way line with the Northwesterly right-of-way line of
1106	1106	Drachenberg Road;
1107	1107	Southwesterly, along and with the Northwesterly right-of-way
1108	1108	line of said Drachenberg Road to the intersection of said
1109	1109	Northwesterly right-of-way line with the Northeasterly
1110	1110	right-of-way line of Hopkins Road;
1111	1111	Northwesterly and Westerly, along and with the Northeasterly
1112	1112	and Northerly line of Hopkins Road to the intersection of said
1113	1113	Northerly right-of-way line with the East right-of-way of Engle
1114	1114	Road;
1115	1115	Southerly, along and with the East right-of-line of said
1116	1116	Engle Road to the intersection of said East right-of-way line with
1117	1117	the North right-of-way of Koym Road;
1118	1118	Westerly, along and with the North right-of-way line of said
1119	1119	Kyom Road, approximately 4,580 feet to a Northwest corner of the
1120	1120	limits of said City of Rosenberg Extraterritorial Jurisdiction;
1121	1121	THENCE, in a general Southerly, Easterly, and Northerly directions,
1122	1122	along and with the West and South corporate limits of the City of
1123	1123	Rosenberg (all references to the corporate limits of the City of
1124	1124	Rosenberg are as of January 1, 2013) and the limits of said City of
1125	1125	Rosenberg Extraterritorial Jurisdiction to the intersection of the
1126	1126	South limits of said City of Rosenberg with the intersection of the
1127	1127	centerline of State Highway No. 36;
1128	1128	THENCE, Southerly and Southeasterly, along and with the centerline
1129	1129	of said State Highway No. 36 to a point in the North line of Brazoria
1130	1130	County, same being the south line of said Fort Bend County;
1131	1131	THENCE, in a general Southwesterly direction, along and with the
1132	1132	North line of said Brazoria County, same being the south line of
1133	1133	said Fort Bend County to a point in the centerline of said San
1134	1134	Bernard River, same being the Easterly line of said Wharton County
1135	1135	for the Southwest corner of said Fort Bend County;
1136	1136	THENCE, in a general Northwesterly direction, upstream and along
1137	1137	and with the centerline of said San Bernard River, same being the
1138	1138	Easterly line of said Wharton County and the Westerly line of said
1139	1139	Fort Bend County to the POINT OF BEGINNING.
1140	1140	PART 2
1141	1141	BEGINNING at a point in the centerline of said US Highway 90, being
1142	1142	the intersection of said centerline with an interior West line of
1143	1143	the limits of said City of Rosenberg Extraterritorial Jurisdiction
1144	1144	and being located West Southwesterly along the centerline of said
1145	1145	US Highway 90 approximately 3,820 feet from the intersection of the
1146	1146	centerlines of said US Highway 90 and Spencer Road;
1147	1147	THENCE, Southerly, along and with an interior West line of the
1148	1148	limits said City of Rosenberg Extraterritorial Jurisdiction to a
1149	1149	point in the right-of-way of Randon School Road;
1150	1150	THENCE, Westerly, along and with an interior North line of said City
1151	1151	of Rosenberg Extraterritorial Jurisdiction and generally along the
1152	1152	Randon School Road approximately 1,900 feet to an interior corner
1153	1153	of the limits of said City of Rosenberg Extraterritorial
1154	1154	Jurisdiction;
1155	1155	THENCE, Northerly, along and with an interior East line of the
1156	1156	limits said City of Rosenberg Extraterritorial Jurisdiction to a
1157	1157	point in the centerline of said US Highway 90;
1158	1158	THENCE, East Northeasterly, along and with the centerline of said
1159	1159	US Highway 90 to the POINT OF BEGINNING.
1160	1160	PART 3
1161	1161	All of the corporate limits of the City of Beasley and all of that
1162	1162	land within the limits of the City of Beasley Extraterritorial
1163	1163	Jurisdiction (all references to the corporate limits of the City of
1164	1164	Beasley and the limits of the City of Orchard Extraterritorial
1165	1165	Jurisdiction are as of January 1, 2013.
1166	1166	Precinct 4
1167	1167	Description
1168	1168	BEGINNING at a point in the North line of Brazoria County, same
1169	1169	being the South line of Fort Bend County and being the intersection
1170	1170	of said common County line with the centerline of State Highway No.
1171	1171	36;
1172	1172	THENCE, Northwesterly and Northerly, along and with the centerline
1173	1173	of said State Highway No. 36 to the intersection of said centerline
1174	1174	with the South corporate limits of the City of Rosenberg (all
1175	1175	references to the corporate limits of the City of Rosenberg are as
1176	1176	of January 1, 2013);
1177	1177	THENCE, Southerly, Easterly, and Northerly along and with the
1178	1178	Southerly and Easterly limits of the South corporate limits of said
1179	1179	City of Rosenberg and the City of Rosenberg Extraterritorial
1180	1180	Jurisdiction (all references to the limits of the City of Rosenberg
1181	1181	Extraterritorial Jurisdiction are as of January 1, 2013) to the
1182	1182	intersection of said Easterly limits with the centerline of Farm to
1183	1183	Market Highway (FM) 762;
1184	1184	THENCE, in a general Southerly direction, along and with the
1185	1185	centerline of said FM 762 to the intersection of said centerline
1186	1186	with the centerline of FM 1462;
1187	1187	THENCE, Westerly and Southwesterly, along and with the centerline
1188	1188	of said FM 1462 to the intersection of said centerline with the
1189	1189	North line of said Brazoria County, same being the South line of
1190	1190	said Fort Bend County;
1191	1191	THENCE, Northwesterly, along and with the North line of said
1192	1192	Brazoria County, same being the South line of said Fort Bend County
1193	1193	to the POINT OF BEGINNING.
1194	1194	Precinct 5
1195	1195	Description
1196	1196	BEGINNING at a point in the North line of Brazoria County, same
1197	1197	being the South line of Fort Bend County and being the Southwesterly
1198	1198	intersection of said common County line with the centerline Farm to
1199	1199	Market Highway (FM) 1462 and being located approximately 250 feet
1200	1200	Southwesterly from the intersection of said FM 1462 with Nordt
1201	1201	Road;
1202	1202	THENCE, Northeasterly and Easterly, along and with the centerline
1203	1203	of said FM 1462 to the intersection of said centerline with the
1204	1204	centerline of FM 762;
1205	1205	THENCE, in a general Northerly direction, along and with the
1206	1206	centerline of said FM 762 to the intersection of said centerline
1207	1207	with the East line of the City of Rosenberg Extraterritorial
1208	1208	Jurisdiction (all references to the limits of the City of Rosenberg
1209	1209	Extraterritorial Jurisdiction are as of January 1, 2013);
1210	1210	THENCE, Northeasterly, Southerly, Easterly, and Northerly, along
1211	1211	and with the East line of said City of Rosenberg Extraterritorial
1212	1212	Jurisdiction and the East corporate limits of the City of Rosenberg
1213	1213	(all references to the corporate limits of the City of Rosenberg are
1214	1214	as of January 1, 2013) to the intersection of said East corporate
1215	1215	limits with the South line of the City of Sugar Land
1216	1216	Extraterritorial Jurisdiction (all references to the limits of the
1217	1217	City of Sugarland Extraterritorial Jurisdiction are as of January
1218	1218	1, 2013);
1219	1219	THENCE, in a general Easterly direction, along and with the South
1220	1220	line of said City of Sugar Land Extraterritorial Jurisdiction to
1221	1221	the intersection of said South line with the West line of the City
1222	1222	of Missouri City Extraterritorial Jurisdiction (all references to
1223	1223	the limits of the City of Missouri City Extraterritorial
1224	1224	Jurisdiction are as of January 1, 2013);
1225	1225	THENCE, in a general Southerly direction, along and with the West
1226	1226	line of said City of Missouri City Extraterritorial Jurisdiction
1227	1227	and the West corporate limits of the City of Missouri City (all
1228	1228	references to the corporate limits of the City of Missouri City are
1229	1229	as of January 1, 2013) to a point for the common West corner of said
1230	1230	City of Missouri City Extraterritorial Jurisdiction and the City of
1231	1231	Alvin Extraterritorial Jurisdiction (all references to the limits
1232	1232	of the City of Alvin Extraterritorial Jurisdiction are as of
1233	1233	January 1, 2013);
1234	1234	THENCE, in a general Southerly direction, along and with the West
1235	1235	line of said City of Alvin Extraterritorial Jurisdiction to a point
1236	1236	in the centerline of Cow Creek just upstream from its confluence
1237	1237	with the Brazos River, same being the North line of said Brazoria
1238	1238	County and the South line of said Fort Bend County;
1239	1239	THENCE, Westerly, Southerly, and Northwesterly along and with the
1240	1240	North line of said Brazoria County and the South line of said Fort
1241	1241	Bend County (said common County line partly being the centerline of
1242	1242	said Cow Creek) to POINT OF BEGINNING.
1243	1243	SECTION 4. (a) The legal notice of the intention to
1244	1244	introduce this Act, setting forth the general substance of this
1245	1245	Act, has been published as provided by law, and the notice and a
1246	1246	copy of this Act have been furnished to all persons, agencies,
1247	1247	officials, or entities to which they are required to be furnished
1248	1248	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
1249	1249	Government Code.
1250	1250	(b) The governor, one of the required recipients, has
1251	1251	submitted the notice and Act to the Texas Commission on
1252	1252	Environmental Quality.
1253	1253	(c) The Texas Commission on Environmental Quality has filed
1254	1254	its recommendations relating to this Act with the governor,
1255	1255	lieutenant governor, and speaker of the house of representatives
1256	1256	within the required time.
1257	1257	(d) The general law relating to consent by political
1258	1258	subdivisions to the creation of districts with conservation,
1259	1259	reclamation, and road powers and the inclusion of land in those
1260	1260	districts has been complied with.
1261	1261	(e) All requirements of the constitution and laws of this
1262	1262	state and the rules and procedures of the legislature with respect
1263	1263	to the notice, introduction, and passage of this Act have been
1264	1264	fulfilled and accomplished.
1265	1265	SECTION 5. (a) Section 8878.118, Special District Local
1266	1266	Laws Code, as added by Section 1 of this Act, takes effect only if
1267	1267	this Act receives a two-thirds vote of all the members elected to
1268	1268	each house.
1269	1269	(b) If this Act does not receive a two-thirds vote of all the
1270	1270	members elected to each house, Subchapter C, Chapter 8878, Special
1271	1271	District Local Laws Code, as added by Section 1 of this Act, is
1272	1272	amended by adding Section 8878.118 to read as follows:
1273	1273	Sec. 8878.118. NO EMINENT DOMAIN POWER. The authority may
1274	1274	not exercise the power of eminent domain.
1275	1275	(c) This section is not intended to be an expression of a
1276	1276	legislative interpretation of the requirements of Subsection (c),
1277	1277	Section 17, Article I, Texas Constitution.
1278	1278	SECTION 6. Except as provided by Section 5 of this Act:
1279	1279	(1) this Act takes effect immediately if it receives a
1280	1280	vote of two-thirds of all the members elected to each house, as
1281	1281	provided by Section 39, Article III, Texas Constitution; and
1282	1282	(2) if this Act does not receive the vote necessary for
1283	1283	immediate effect, this Act takes effect September 1, 2013.