By: Miller (Senate Sponsor - Creighton) H.B. No. 4712
(In the Senate - Received from the House May 6, 2019;
May 10, 2019, read first time and referred to Committee on Water &
Rural Affairs; May 19, 2019, reported favorably by the following
vote: Yeas 7, Nays 0; May 19, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Fort Bend County Levee
Improvement District No. 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7808.001(3), Special District Local Laws
Code, is amended to read as follows:
(3) "Reuse project [Project]" means a facility,
improvement, appliance, appurtenance, land, interest in property,
participation right, contract right, practice, technique, or
technology that:
(A) facilitates the recycling and reuse of water,
wastewater effluent, or other water or wastewater by-product; and
(B) results in additional water supplies for
future or alternative uses.
SECTION 2. Subchapter B, Chapter 7808, Special District
Local Laws Code, is amended to read as follows:
SUBCHAPTER B. REUSE PROJECT POWERS AND DUTIES
Sec. 7808.151. ACQUISITION OF REUSE PROJECT. The district
may acquire a reuse project, including by purchase or lease.
Sec. 7808.152. CONSTRUCTION, MAINTENANCE, AND OPERATION OF
REUSE PROJECT. The district may construct, rehabilitate, repair,
improve, enlarge, operate, and maintain a reuse project.
[Sec. 7808.153. DELIVERY METHOD. The district may use
alternative delivery methods under Chapter 2267, Government Code,
as added by Chapter 1129 (H.B. 628), Acts of the 82nd Legislature,
Regular Session, 2011, for a project, in addition to any method
provided by Chapters 49 and 57, Water Code.]
Sec. 7808.154. CONVEYANCE OF REUSE PROJECT. If the board
considers the terms appropriate and favorable to the district, the
district may convey a reuse project to a:
(1) municipality in whose extraterritorial
jurisdiction all or part of the district is located; or
(2) political subdivision located wholly or partly in
the district.
Sec. 7808.155. USE OF REUSE PROJECT WATER. If the board
considers the terms appropriate and favorable to the district, the
district may:
(1) use the water from a reuse project; or
(2) sell or otherwise provide the water to:
(A) a homeowners' or property owners' association
located in the district; or
(B) with the prior consent of a municipality
described by Section 7808.154(1), any person located in the
extraterritorial jurisdiction of that municipality, including a
political subdivision, private entity, and individual.
Sec. 7808.156. REUSE PROJECT FINANCING. The district may
finance a reuse project with property taxes, mandatory fees, or
voluntary contributions.
Sec. 7808.157. REUSE PROJECT BONDS. The district may issue
bonds or other obligations for a reuse project in the manner
provided by Subchapter G, Chapter 57, Water Code.
Sec. 7808.158. JOINT REUSE PROJECT. The district may act
jointly in regard to a reuse project under an agreement or contract
with any person, including a political subdivision, private entity,
or individual.
Sec. 7808.159. MUNICIPAL APPROVAL. (a) The plans and
specifications for the construction or modification of a reuse
project are subject to:
(1) the review and approval of any municipality in
whose extraterritorial jurisdiction all or part of the district is
located; and
(2) any ordinance, regulation, or standard criteria a
municipality described by Subdivision (1) may adopt relating to the
construction or operation of similar reuse projects in its
corporate limits or extraterritorial jurisdiction.
(b) The approval required by Subsection (a) must be in the
form of an ordinance or resolution adopted by the governing body of
the municipality. Approval for subsequent modifications,
extensions, or repairs of a reuse project may be given in the manner
the municipality customarily uses for other water supply
improvements in its corporate limits or extraterritorial
jurisdiction.
SECTION 3. Chapter 7808, Special District Local Laws Code,
is amended by adding Subchapter C to read as follows:
SUBCHAPTER C. CONTRACTS
Sec. 7808.201. DELIVERY METHOD. Notwithstanding the
limitations provided by Sections 2269.003 and 2269.352, Government
Code, for the design and construction of erosion control facilities
located in or adjacent to the Brazos River and any related facility
or improvement, the district may use a delivery method described
by:
(1) Chapter 2269, Government Code; or
(2) Subchapter I, Chapter 49, Water Code.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
* * * * *