84R14557 AAF-F
By: Bohac H.B. No. 1459
Substitute the following for H.B. No. 1459:
By: Ashby C.S.H.B. No. 1459
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the West Harris County Regional
Water Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.06, Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, is amended by adding Subsection
(g) to read as follows:
(g) Notwithstanding any provision of this section or other
law, no territory may be annexed into or added to the authority
that, at the time of annexation or addition, is located within the
boundaries of both:
(1) another regional water authority created under
Section 59, Article XVI, Texas Constitution; and
(2) a subsidence district.
SECTION 2. Section 4.01, Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, is amended by adding Subsection
(e) to read as follows:
(e) The authority is not a special water authority for
purposes of Chapter 49, Water Code.
SECTION 3. Section 4.04, Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
Sec. 4.04. PURCHASE OF WATER FROM ANOTHER ENTITY. If the
authority purchases water from another entity for resale to local
governments, the authority shall use its best efforts in
negotiating with the entity to determine the amount of capital
costs included in any rates or charges paid by the authority. The
authority shall determine the amount of expected capital costs of
its own system. The authority may [shall] provide each district or
municipality within its boundaries information regarding the share
of the capital costs to be paid by the district or municipality, as
determined by the authority, and may [shall] provide each district
or municipality the opportunity, in a manner and by a procedure
determined by the authority, to fund its share of the capital costs
with proceeds from the sale of bonds or fees and charges collected
by the districts or municipalities. In complying with this
section, the authority may use any reasonable basis to calculate
from time to time the share of the capital costs of a district or
municipality. The authority may calculate the shares of the
capital costs based on the amount of water used within the authority
by the district or municipality during the calendar year preceding
the year in which the calculation is made, and the authority may
exclude from the calculation the amount of water used within Fort
Bend County if the authority did not charge a fee under Section
4.03(b) of this Act on wells within Fort Bend County during that
calendar year. A district or municipality may use any lawful source
of revenue, including bond funds, to make payment for any sums due
to the authority. The authority may adopt a procedure by which a
district or municipality may receive a credit from the authority.
The board may adopt any other procedure necessary to accomplish the
goals of this section. This section or any failure to comply with
this section does not limit or impede the authority's ability to
issue bonds or notes or invalidate any fees, user fees, charges,
rates, or special assessments imposed by the authority.
SECTION 4. Except as provided by this Act, the West Harris
County Regional Water Authority retains all the rights, powers,
privileges, authority, duties, and functions that it had before the
effective date of this Act.
SECTION 5. (a) The legislature validates and confirms all
acts and proceedings of the board of directors of the West Harris
County Regional Water Authority that were taken before the
effective date of this Act.
(b) Subsection (a) of this section does not apply to any
matter that on the effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final
judgment of a court; or
(2) has been held invalid by a final judgment of a
court.
SECTION 6. Section 1.06(g), Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, as added by this Act, applies
only to an annexation or addition of land that is completed on or
after the effective date of this Act. An annexation or addition of
land that is completed before the effective date of this Act is
governed by the law in effect on the date the annexation or addition
was completed, and the former law is continued in effect for that
purpose.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.