Texas 2015 - 84th Regular

Texas House Bill HB1459 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		84R14557 AAF-F
2	2		By: Bohac H.B. No. 1459
3		-	Substitute the following for H.B. No. 1459:
4		-	By: Ashby C.S.H.B. No. 1459
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the powers and duties of the West Harris County Regional
10	8		Water Authority.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 1.06, Chapter 414, Acts of the 77th
13	11		Legislature, Regular Session, 2001, is amended by adding Subsection
14	12		(g) to read as follows:
15	13		(g) Notwithstanding any provision of this section or other
16	14		law, no territory may be annexed into or added to the authority
17	15		that, at the time of annexation or addition, is located within the
18	16		boundaries of both:
19	17		(1) another regional water authority created under
20	18		Section 59, Article XVI, Texas Constitution; and
21	19		(2) a subsidence district.
22	20		SECTION 2. Section 4.01, Chapter 414, Acts of the 77th
23	21		Legislature, Regular Session, 2001, is amended by adding Subsection
24	22		(e) to read as follows:
25	23		(e) The authority is not a special water authority for
26	24		purposes of Chapter 49, Water Code.
27	25		SECTION 3. Section 4.04, Chapter 414, Acts of the 77th
28	26		Legislature, Regular Session, 2001, is amended to read as follows:
29	27		Sec. 4.04. PURCHASE OF WATER FROM ANOTHER ENTITY. If the
30	28		authority purchases water from another entity for resale to local
31	29		governments, the authority shall use its best efforts in
32	30		negotiating with the entity to determine the amount of capital
33	31		costs included in any rates or charges paid by the authority. The
34	32		authority shall determine the amount of expected capital costs of
35	33		its own system. The authority may [shall] provide each district or
36	34		municipality within its boundaries information regarding the share
37	35		of the capital costs to be paid by the district or municipality, as
38	36		determined by the authority, and may [shall] provide each district
39	37		or municipality the opportunity, in a manner and by a procedure
40	38		determined by the authority, to fund its share of the capital costs
41	39		with proceeds from the sale of bonds or fees and charges collected
42	40		by the districts or municipalities. In complying with this
43	41		section, the authority may use any reasonable basis to calculate
44	42		from time to time the share of the capital costs of a district or
45	43		municipality. The authority may calculate the shares of the
46	44		capital costs based on the amount of water used within the authority
47	45		by the district or municipality during the calendar year preceding
48	46		the year in which the calculation is made, and the authority may
49	47		exclude from the calculation the amount of water used within Fort
50	48		Bend County if the authority did not charge a fee under Section
51	49		4.03(b) of this Act on wells within Fort Bend County during that
52	50		calendar year. A district or municipality may use any lawful source
53	51		of revenue, including bond funds, to make payment for any sums due
54	52		to the authority. The authority may adopt a procedure by which a
55	53		district or municipality may receive a credit from the authority.
56	54		The board may adopt any other procedure necessary to accomplish the
57	55		goals of this section. This section or any failure to comply with
58	56		this section does not limit or impede the authority's ability to
59	57		issue bonds or notes or invalidate any fees, user fees, charges,
60	58		rates, or special assessments imposed by the authority.
61	59		SECTION 4. Except as provided by this Act, the West Harris
62	60		County Regional Water Authority retains all the rights, powers,
63	61		privileges, authority, duties, and functions that it had before the
64	62		effective date of this Act.
65	63		SECTION 5. (a) The legislature validates and confirms all
66	64		acts and proceedings of the board of directors of the West Harris
67	65		County Regional Water Authority that were taken before the
68	66		effective date of this Act.
69	67		(b) Subsection (a) of this section does not apply to any
70	68		matter that on the effective date of this Act:
71	69		(1) is involved in litigation if the litigation
72	70		ultimately results in the matter being held invalid by a final
73	71		judgment of a court; or
74	72		(2) has been held invalid by a final judgment of a
75	73		court.
76	74		SECTION 6. Section 1.06(g), Chapter 414, Acts of the 77th
77	75		Legislature, Regular Session, 2001, as added by this Act, applies
78	76		only to an annexation or addition of land that is completed on or
79	77		after the effective date of this Act. An annexation or addition of
80	78		land that is completed before the effective date of this Act is
81	79		governed by the law in effect on the date the annexation or addition
82	80		was completed, and the former law is continued in effect for that
83	81		purpose.
84	82		SECTION 7. This Act takes effect immediately if it receives
85	83		a vote of two-thirds of all the members elected to each house, as
86	84		provided by Section 39, Article III, Texas Constitution. If this
87	85		Act does not receive the vote necessary for immediate effect, this
88	86		Act takes effect September 1, 2015.