88R7359 ANG-F
By: Nichols S.B. No. 1121
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of the ownership rights of the City of
Nacogdoches in the Central Heights Water System to the Angelina and
Neches River Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Authority" means the Angelina and Neches River
Authority.
(2) "City" means the City of Nacogdoches.
SECTION 2. TRANSFER OF WATER SYSTEM. (a) Notwithstanding
Section 1502.055, Government Code, not later than 180 days from the
effective date of this Act, the city shall enter into a contract
with the authority to transfer the city's ownership interests in
the Central Heights Water System that is north of the intersection
of U.S. Highway 59 and U.S. Highway 259 to the authority, including
the assets and service area portion of the city's water system.
(b) On the date of execution of the contract under
Subsection (a):
(1) the geographic territory of the Central Heights
Water System shall be incorporated into the authority's certificate
of convenience and necessity; and
(2) all real property, easements, appurtenances,
conveyance systems, transmission and treatment systems, designated
rights-of-way, and other property interests of the city related to
the Central Heights Water System are transferred to the authority
unless specifically reserved to the city in the contract agreed to
under Subsection (a).
(c) Following the transfer under Subsection (b), the
governing body of the city shall notify the Texas Commission on
Environmental Quality of the transfer of the Central Heights Water
System to the authority.
(d) On receipt of notice under Subsection (c), the Texas
Commission on Environmental Quality shall note the transfer of the
Central Heights Water System to the authority in its records. A
person, party, or entity does not have any right of protest,
objection, or administrative review of the transfer described by
this Act.
SECTION 3. EFFECTIVE DATE. 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, 2023.