Texas 2019 - 86th Regular

Texas House Bill HB4712 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4712
	1	+	By: Miller (Senate Sponsor - Creighton) H.B. No. 4712
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on Water &
	4	+	Rural Affairs; May 19, 2019, reported favorably by the following
	5	+	vote: Yeas 7, Nays 0; May 19, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the powers and duties of the Fort Bend County Levee
6	12		Improvement District No. 7.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 7808.001(3), Special District Local Laws
9	15		Code, is amended to read as follows:
10	16		(3) "Reuse project [Project]" means a facility,
11	17		improvement, appliance, appurtenance, land, interest in property,
12	18		participation right, contract right, practice, technique, or
13	19		technology that:
14	20		(A) facilitates the recycling and reuse of water,
15	21		wastewater effluent, or other water or wastewater by-product; and
16	22		(B) results in additional water supplies for
17	23		future or alternative uses.
18	24		SECTION 2. Subchapter B, Chapter 7808, Special District
19	25		Local Laws Code, is amended to read as follows:
20	26		SUBCHAPTER B. REUSE PROJECT POWERS AND DUTIES
21	27		Sec. 7808.151. ACQUISITION OF REUSE PROJECT. The district
22	28		may acquire a reuse project, including by purchase or lease.
23	29		Sec. 7808.152. CONSTRUCTION, MAINTENANCE, AND OPERATION OF
24	30		REUSE PROJECT. The district may construct, rehabilitate, repair,
25	31		improve, enlarge, operate, and maintain a reuse project.
26	32		[Sec. 7808.153. DELIVERY METHOD. The district may use
27	33		alternative delivery methods under Chapter 2267, Government Code,
28	34		as added by Chapter 1129 (H.B. 628), Acts of the 82nd Legislature,
29	35		Regular Session, 2011, for a project, in addition to any method
30	36		provided by Chapters 49 and 57, Water Code.]
31	37		Sec. 7808.154. CONVEYANCE OF REUSE PROJECT. If the board
32	38		considers the terms appropriate and favorable to the district, the
33	39		district may convey a reuse project to a:
34	40		(1) municipality in whose extraterritorial
35	41		jurisdiction all or part of the district is located; or
36	42		(2) political subdivision located wholly or partly in
37	43		the district.
38	44		Sec. 7808.155. USE OF REUSE PROJECT WATER. If the board
39	45		considers the terms appropriate and favorable to the district, the
40	46		district may:
41	47		(1) use the water from a reuse project; or
42	48		(2) sell or otherwise provide the water to:
43	49		(A) a homeowners' or property owners' association
44	50		located in the district; or
45	51		(B) with the prior consent of a municipality
46	52		described by Section 7808.154(1), any person located in the
47	53		extraterritorial jurisdiction of that municipality, including a
48	54		political subdivision, private entity, and individual.
49	55		Sec. 7808.156. REUSE PROJECT FINANCING. The district may
50	56		finance a reuse project with property taxes, mandatory fees, or
51	57		voluntary contributions.
52	58		Sec. 7808.157. REUSE PROJECT BONDS. The district may issue
53	59		bonds or other obligations for a reuse project in the manner
54	60		provided by Subchapter G, Chapter 57, Water Code.
55	61		Sec. 7808.158. JOINT REUSE PROJECT. The district may act
56	62		jointly in regard to a reuse project under an agreement or contract
57	63		with any person, including a political subdivision, private entity,
58	64		or individual.
59	65		Sec. 7808.159. MUNICIPAL APPROVAL. (a) The plans and
60	66		specifications for the construction or modification of a reuse
61	67		project are subject to:
62	68		(1) the review and approval of any municipality in
63	69		whose extraterritorial jurisdiction all or part of the district is
64	70		located; and
65	71		(2) any ordinance, regulation, or standard criteria a
66	72		municipality described by Subdivision (1) may adopt relating to the
67	73		construction or operation of similar reuse projects in its
68	74		corporate limits or extraterritorial jurisdiction.
69	75		(b) The approval required by Subsection (a) must be in the
70	76		form of an ordinance or resolution adopted by the governing body of
71	77		the municipality. Approval for subsequent modifications,
72	78		extensions, or repairs of a reuse project may be given in the manner
73	79		the municipality customarily uses for other water supply
74	80		improvements in its corporate limits or extraterritorial
75	81		jurisdiction.
76	82		SECTION 3. Chapter 7808, Special District Local Laws Code,
77	83		is amended by adding Subchapter C to read as follows:
78	84		SUBCHAPTER C. CONTRACTS
79	85		Sec. 7808.201. DELIVERY METHOD. Notwithstanding the
80	86		limitations provided by Sections 2269.003 and 2269.352, Government
81	87		Code, for the design and construction of erosion control facilities
82	88		located in or adjacent to the Brazos River and any related facility
83	89		or improvement, the district may use a delivery method described
84	90		by:
85	91		(1) Chapter 2269, Government Code; or
86	92		(2) Subchapter I, Chapter 49, Water Code.
87	93		SECTION 4. This Act takes effect immediately if it receives
88	94		a vote of two-thirds of all the members elected to each house, as
89	95		provided by Section 39, Article III, Texas Constitution. If this
90	96		Act does not receive the vote necessary for immediate effect, this
91	97		Act takes effect September 1, 2019.
92		-	______________________________ ______________________________
93		-	President of the Senate Speaker of the House
94		-	I certify that H.B. No. 4712 was passed by the House on May 3,
95		-	2019, by the following vote: Yeas 132, Nays 8, 2 present, not
96		-	voting;
97		-	that the House concurred in Senate amendments to H.B. No.
98		-	4712 on May 24, 2019, by the following vote: Yeas 107, Nays 31, 2
99		-	present, not voting; and that the House adopted H.C.R. No. 187
100		-	authorizing certain corrections in H.B. No. 4712 on May 25, 2019, by
101		-	the following vote: Yeas 146, Nays 0, 1 present, not voting.
102		-	______________________________
103		-	Chief Clerk of the House
104		-	I certify that H.B. No. 4712 was passed by the Senate, with
105		-	amendments, on May 22, 2019, by the following vote: Yeas 30, Nays
106		-	1; and that the Senate adopted H.C.R. No. 187 authorizing certain
107		-	corrections in H.B. No. 4712 on May 26, 2019, by the following vote:
108		-	Yeas 31, Nays 0.
109		-	______________________________
110		-	Secretary of the Senate
111		-	APPROVED: __________________
112		-	Date
113		-	__________________
114		-	Governor
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