| 1 | 1 | | S.B. No. 1305 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the transfer of the ownership rights of the City of |
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| 6 | 6 | | Nacogdoches in the Central Heights Water System to the Angelina and |
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| 7 | 7 | | Neches River Authority. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. DEFINITIONS. In this Act: |
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| 10 | 10 | | (1) "Authority" means the Angelina and Neches River |
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| 11 | 11 | | Authority. |
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| 12 | 12 | | (2) "City" means the City of Nacogdoches. |
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| 13 | 13 | | SECTION 2. TRANSFER OF WATER SYSTEM. (a) Notwithstanding |
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| 14 | 14 | | Section 1502.055, Government Code, not later than 180 days from the |
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| 15 | 15 | | effective date of this Act, the city shall enter into a contract |
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| 16 | 16 | | with the authority to transfer the city's ownership interests in |
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| 17 | 17 | | the Central Heights Water System that is north of the intersection |
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| 18 | 18 | | of U.S. Highway 59 and U.S. Highway 259 to the authority, including |
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| 19 | 19 | | the assets and service area portion of the city's water system. |
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| 20 | 20 | | (b) On the date of execution of the contract under |
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| 21 | 21 | | Subsection (a): |
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| 22 | 22 | | (1) the geographic territory of the Central Heights |
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| 23 | 23 | | Water System shall be incorporated into the authority's certificate |
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| 24 | 24 | | of convenience and necessity; and |
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| 25 | 25 | | (2) all real property, easements, appurtenances, |
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| 26 | 26 | | conveyance systems, transmission and treatment systems, designated |
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| 27 | 27 | | rights-of-way, and other property interests of the city related to |
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| 28 | 28 | | the Central Heights Water System are transferred to the authority |
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| 29 | 29 | | unless specifically reserved to the city in the contract agreed to |
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| 30 | 30 | | under Subsection (a). |
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| 31 | 31 | | (c) Following the transfer under Subsection (b), the |
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| 32 | 32 | | governing body of the city shall notify the Texas Commission on |
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| 33 | 33 | | Environmental Quality of the transfer of the Central Heights Water |
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| 34 | 34 | | System to the authority. |
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| 35 | 35 | | (d) On receipt of notice under Subsection (c), the Texas |
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| 36 | 36 | | Commission on Environmental Quality shall note the transfer of the |
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| 37 | 37 | | Central Heights Water System to the authority in its records. A |
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| 38 | 38 | | person, party, or entity does not have any right of protest, |
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| 39 | 39 | | objection, or administrative review of the transfer described by |
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| 40 | 40 | | this Act. |
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| 41 | 41 | | SECTION 3. EFFECTIVE DATE. This Act takes effect |
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| 42 | 42 | | immediately if it receives a vote of two-thirds of all the members |
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| 43 | 43 | | elected to each house, as provided by Section 39, Article III, Texas |
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| 44 | 44 | | Constitution. If this Act does not receive the vote necessary for |
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| 45 | 45 | | immediate effect, this Act takes effect September 1, 2023. |
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| 46 | 46 | | ______________________________ ______________________________ |
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| 47 | 47 | | President of the Senate Speaker of the House |
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| 48 | 48 | | I hereby certify that S.B. No. 1305 passed the Senate on |
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| 49 | 49 | | April 12, 2023, by the following vote: Yeas 31, Nays 0. |
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| 50 | 50 | | ______________________________ |
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| 51 | 51 | | Secretary of the Senate |
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| 52 | 52 | | I hereby certify that S.B. No. 1305 passed the House on |
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| 53 | 53 | | April 28, 2023, by the following vote: Yeas 128, Nays 16, |
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| 54 | 54 | | two present not voting. |
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| 55 | 55 | | ______________________________ |
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| 56 | 56 | | Chief Clerk of the House |
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| 57 | 57 | | Approved: |
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| 58 | 58 | | ______________________________ |
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| 59 | 59 | | Date |
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| 60 | 60 | | ______________________________ |
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| 61 | 61 | | Governor |
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