|
|
|
|
AN ACT
|
|
relating to the territory, board of directors, and powers of the |
|
North Harris County Regional Water Authority. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 1.03, Chapter 1029, Acts of the 76th |
|
Legislature, Regular Session, 1999, is amended by amending |
|
Subsection (b) and adding Subsections (b-1), (b-2), (f), (g), and |
|
(h) to read as follows: |
|
(b) The authority includes the [only that] territory |
|
described by Subsection (a) of this section only if that territory |
|
is also in one or more of the following state representative |
|
districts as described by Article II, Chapter 2, Acts of the 72nd |
|
Legislature, 3rd Called Session, 1992 (Article II, Article 195a-11, |
|
Vernon's Texas Civil Statutes), as the districts existed on the |
|
effective date of this Act: |
|
(1) District 127; |
|
(2) District 126; |
|
(3) District 130; |
|
(4) District 135; and |
|
(5) District 150. |
|
(b-1) The authority also includes the territory of the |
|
following districts: |
|
(1) Harris County Municipal Utility District No. 16; |
|
(2) Harris County Municipal Utility District No. 26; |
|
(3) Harris County Municipal Utility District No. 233; |
|
(4) Richey Road Municipal Utility District; |
|
(5) Harris County Water Control and Improvement |
|
District No. 109; |
|
(6) Inverness Forest Improvement District; and |
|
(7) Memorial Hills Utility District. |
|
(b-2) The territory of the authority does not include |
|
property that lies within the boundaries of a local government, |
|
other than the authority, if: |
|
(1) the local government had a groundwater reduction |
|
plan approved by the subsidence district before January 1, 2010; |
|
and |
|
(2) the property was included in the local |
|
government's approved groundwater reduction plan on January 1, |
|
2010. |
|
(f) Territory annexed by a local government located in the |
|
authority becomes territory of the authority on the effective date |
|
of the annexation, unless the annexed territory is included in |
|
another local government's approved groundwater reduction plan as |
|
of the effective date of the annexation. The authority by rule may |
|
require the local government to send to the authority: |
|
(1) written notice of the effective date of an |
|
annexation; and |
|
(2) copies of documents describing the annexed land |
|
and describing the new boundaries of the local government. |
|
(g) If territory is added to the service area of a person |
|
owning a water system located in the authority, the territory |
|
becomes territory of the authority on the effective date of the |
|
territory's addition to the service area, unless the added |
|
territory is included in another local government's approved |
|
groundwater reduction plan as of the effective date of the |
|
addition. The authority by rule may require the person to send to |
|
the authority: |
|
(1) written notice of the effective date of an |
|
addition of territory; and |
|
(2) copies of documents describing the added territory |
|
and describing the new boundaries of the person's service area. |
|
(h) The annexation or addition of territory to the authority |
|
under this section does not affect the validity of bonds issued by |
|
the authority. |
|
SECTION 2. Section 1.05, Chapter 1029, Acts of the 76th |
|
Legislature, Regular Session, 1999, is amended by adding Subsection |
|
(c) to read as follows: |
|
(c) The following laws do not apply to the authority: |
|
(1) Chapter 36, Water Code; |
|
(2) Section 49.052, Water Code; and |
|
(3) Sections 49.451-49.455, Water Code. |
|
SECTION 3. Section 2.03, Chapter 1029, Acts of the 76th |
|
Legislature, Regular Session, 1999, is amended to read as follows: |
|
Sec. 2.03. SERVICE OF DIRECTORS. Directors |
|
[(a)
Temporary directors serve until the initial permanent
|
|
directors are elected under Section 2.05 of this Act.
|
|
[(b)
The initial permanent directors serve until permanent
|
|
directors are elected under Section 2.06 of this Act.
|
|
[(c) Permanent directors] serve staggered four-year terms. |
|
[(d)
A director serves until the director's successor has
|
|
qualified.] |
|
SECTION 4. The heading to Section 4.04, Chapter 1029, Acts |
|
of the 76th Legislature, Regular Session, 1999, is amended to read |
|
as follows: |
|
Sec. 4.04. CIVIL PENALTY; CIVIL ACTION; INJUNCTION. |
|
SECTION 5. Section 4.04, Chapter 1029, Acts of the 76th |
|
Legislature, Regular Session, 1999, is amended by adding |
|
Subsections (b-1) and (e) to read as follows: |
|
(b-1) The authority may bring an action in a district court |
|
against a district, other political subdivision, or other person |
|
located in the authority's territory or included in the authority's |
|
groundwater reduction plan to: |
|
(1) recover any fees, rates, charges, assessments, |
|
collection expenses, attorney's fees, interest, penalties, or |
|
administrative penalties due the authority; or |
|
(2) enforce the authority's rules or orders. |
|
(e) Governmental immunity from suit or liability of a |
|
district or other political subdivision is waived for the purposes |
|
of an action described by Subsection (b-1) of this section. |
|
SECTION 6. The following sections of Chapter 1029, Acts of |
|
the 76th Legislature, Regular Session, 1999, are repealed: |
|
(1) Section 2.04; |
|
(2) Section 2.05; and |
|
(3) Section 2.07. |
|
SECTION 7. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 8. 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, 2011. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 2418 was passed by the House on April |
|
7, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 2418 was passed by the Senate on May |
|
19, 2011, by the following vote: Yeas 31, Nays 0 |
|
. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |