Bill Text: TX HB3920 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the creation of the West Fort Bend Water Authority; providing authority to issue bonds; granting the power of eminent domain; providing an administrative penalty; providing authority to impose fees or taxes.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2013-04-24 - Left pending in committee [HB3920 Detail]

Download: Texas-2013-HB3920-Introduced.html

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83R8215 AED-F
By: Zerwas H.B. No. 3920

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the West Fort Bend Water Authority;
providing authority to issue bonds; granting the power of eminent
domain; providing an administrative penalty; providing authority
to impose fees or taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8878 to read as follows:
CHAPTER 8878. WEST FORT BEND WATER AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8878.001. DEFINITIONS. In this chapter:
(1) "Authority" means the West Fort Bend Water
Authority.
(2) "Board" means the board of directors of the
authority.
(3) "Commission" means the Texas Commission on
Environmental Quality or its successor.
(4) "Director" means a member of the board.
(5) "District" means any district created under
Sections 52(b)(1) and (2), Article III, or Section 59, Article XVI,
Texas Constitution, regardless of the manner of creation, other
than:
(A) a navigation district or port authority;
(B) a district governed by Chapter 36, Water
Code; or
(C) a district that does not have the legal
authority to supply water.
(6) "Groundwater reduction plan" means a plan adopted
or implemented to supply water, reduce reliance on groundwater,
regulate groundwater pumping and usage, or require and allocate
water usage among persons in order to comply with or exceed
requirements imposed by the Fort Bend Subsidence District or
applicable subsidence district, including any applicable
groundwater reduction requirements.
(7) "Large tract" means a tract of land of at least
1,000 acres owned by a single landowner.
(8) "Local government" means a municipality, county,
district, or other political subdivision of this state or a
combination of two or more of those entities.
(9) "Subsidence" means the lowering in elevation of
the surface of land by the withdrawal of groundwater.
(10) "System" means a network of pipelines, conduits,
valves, canals, pumping stations, force mains, treatment plants,
and any other construction, device, or related appurtenance used to
treat or transport water.
(11) "Water" includes:
(A) groundwater, percolating or otherwise;
(B) any surface water, natural or artificial,
navigable or nonnavigable; and
(C) industrial and municipal wastewater.
(12) "Well" includes a facility, device, or method
used to withdraw groundwater from a groundwater source within the
boundaries of the authority.
Sec. 8878.002. NATURE OF AUTHORITY. The authority is a
regional water authority in Fort Bend County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution, including the acquisition and provision of
surface water and groundwater for residential, commercial,
industrial, agricultural, and other uses, the reduction of
groundwater withdrawals, the conservation, preservation,
protection, and recharge of groundwater and of groundwater
reservoirs or their subdivisions, the prevention of waste of
groundwater, the control of subsidence caused by the withdrawal of
water from groundwater reservoirs or their subdivisions, and other
public purposes stated in this chapter. The authority is a
political subdivision of this state.
Sec. 8878.003. CONFIRMATION ELECTION NOT REQUIRED. An
election to confirm the creation of the authority is not required.
Sec. 8878.004. INITIAL AUTHORITY TERRITORY. (a) The
authority is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect:
(1) the organization, existence, or validity of the
authority;
(2) the right of the authority to issue any type of
bond or note for the purposes for which the authority is created or
to pay the principal of and interest on a bond or note;
(3) the right of the authority to impose or collect a
fee, user fee, rate, charge, or special assessment; or
(4) the legality or operation of the authority.
(c) All of the territory of a local government created after
the effective date of the Act creating this chapter that
encompasses any territory within the boundaries of the authority,
immediately on the creation and without any action required of the
authority, is subject to all of the rights, powers, privileges, and
rules of the authority to the same extent as the territory was
before the local government was created.
Sec. 8878.005. EXCLUSION OF CERTAIN TERRITORY. (a) The
governing body of a district or municipality or the owner of a large
tract may petition for exclusion of all of the territory of the
municipality, district, or large tract from the authority's
boundaries if, on the effective date of the Act creating this
chapter, all or any part of the municipality, district, or large
tract is located in the territory described by Section 2(a) or (b)
of the Act creating this chapter. The petition must be signed, as
applicable, by a majority of the members of the governing body of
the district or municipality or by the landowner of the large tract.
(b) The board shall:
(1) not later than the 180th day after the effective
date of the Act creating this chapter, grant the petition and order
the territory excluded if the petition:
(A) includes an accurate legal description of the
boundaries of the territory to be excluded; and
(B) is filed with the authority not later than
the 120th day after the effective date of the Act creating this
chapter; and
(2) if the board grants the petition, file for
recording in the office of the county clerk for the applicable
county or counties a copy of the order and a description of the
authority's boundaries as they exist after the exclusion of the
territory.
(c) If a district, municipality, or large tract is excluded
from the authority's boundaries under this section, the authority
is not required to:
(1) provide water or any other service to the
district, municipality, or large tract; or
(2) include the district, municipality, or large tract
in any groundwater reduction plan adopted or implemented by the
authority.
(d) If, not later than the 120th day after the effective
date of this chapter, the governing body of a district or
municipality or the owner of a large tract files a petition for
exclusion under this section, the authority may not impose fees,
user fees, rates, charges, or special assessments on the district,
municipality, or large tract after the petition is filed with the
authority unless the district, municipality, or large tract is
annexed by the authority under Section 8878.006.
(e) If a district or municipality excluded or the owner of a
large tract excluded from the authority's boundaries under this
section petitions the authority to be annexed under Section
8878.006, the authority may annex the district, municipality, or
large tract. The authority may, as a condition of annexation,
require terms and conditions the board considers appropriate. The
authority may require the district, municipality, or owner of the
large tract to pay the authority the fees, user fees, charges, and
special assessments, with interest, that, as determined by the
authority, the district, municipality, or owner of the large tract
would have been charged by the authority if the district,
municipality, or large tract had not been excluded from the
authority under this section.
Sec. 8878.006. ANNEXATION. (a) Except to the extent the
authority agrees in writing, a municipality's annexation of
territory within the authority does not affect:
(1) the authority's powers inside or outside the
annexed territory;
(2) the authority's boundaries or contracts; or
(3) the authority's ability to assess fees, user fees,
rates, charges, or special assessments inside or outside the
territory annexed by the municipality.
(b) Territory may be annexed to the authority, regardless of
whether the territory is contiguous to the authority, as provided
by Chapter 49, Water Code.
(c) In addition to the authority granted by Subsection (b),
regardless of whether the territory is contiguous to the authority,
the authority may annex some or all of the territory located within
a district or municipality if the district or municipality files
with the authority a petition requesting the annexation signed by a
majority of the members of the governing body of the district or
municipality. The petition must include an accurate legal
description of the boundaries of the territory to be included. If
the authority has bonds, notes, or other obligations outstanding,
the authority shall require the petitioning district or
municipality to be obligated to pay its share of the principal of
and interest on the outstanding bonds, notes, or other obligations,
and related costs. The board may grant the petition and order the
territory described by the petition annexed to the authority if it
is feasible, practicable, and to the advantage of the authority.
(d) Any territory that a district located within the
authority annexes becomes territory of the authority on the
effective date of the annexation without any action required of the
authority. The authority by rule may require all districts located
within the authority to send to the authority written notice of the
effective date of an annexation and require the districts to send to
the authority copies of any necessary documents describing the
annexed land and describing the districts' boundaries as they exist
after inclusion of the annexed land.
(e) The annexation to the authority of territory under this
section does not affect the validity of the authority's bonds
issued before or after the annexation.
(f) A municipality that annexes territory of the authority
for limited purposes under Subchapter F, Chapter 43, Local
Government Code, does not have the right to:
(1) receive notices from the authority under Section
8878.103(c);
(2) participate in the appointment of directors under
Subchapter B; or
(3) receive information about or have the opportunity
to fund its share of capital costs in the manner provided by the
authority under Section 8878.104.
Sec. 8878.007. APPLICABILITY OF OTHER LAW. (a) Except as
otherwise provided by this chapter, Chapter 49, Water Code, applies
to the authority.
(b) This chapter does not prevail over or preempt a
provision of Chapter 36, Water Code, or of Chapter 8801 or 8834 of
this code that is being implemented by the Fort Bend Subsidence
District or applicable subsidence district.
(c) Chapter 36, Water Code, does not apply to the authority.
Sec. 8878.008. FINDING OF BENEFIT. All the land, property,
and persons included within the boundaries of the authority will be
directly benefited by the works, projects, improvements, and
services to be provided by the authority under powers conferred by
Section 59, Article XVI, Texas Constitution, and this chapter. The
authority is created to serve a public use and benefit. The
creation of the authority will serve to promote the health, safety,
and general welfare of persons within the authority and the general
public. Any fees, user fees, rates, charges, or special
assessments imposed by the authority under this chapter are
necessary to pay for the costs of accomplishing the purposes of the
authority as set forth in Section 59, Article XVI, Texas
Constitution, and this chapter, including:
(1) the reduction of groundwater withdrawals;
(2) the facilitation of compliance with the
requirements of the Fort Bend Subsidence District or applicable
subsidence district; and
(3) the provision of services, facilities, and
systems.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8878.051. DIRECTORS; TERMS. (a) The authority is
governed by a board of five directors.
(b) The directors serve staggered four-year terms, with two
or three directors' terms expiring May 15 of each even-numbered
year.
Sec. 8878.052. ELIGIBILITY TO SERVE AS DIRECTOR. To be
eligible to serve as a director of the authority or to be listed as
provided by Section 8878.056 on a ballot as a candidate for director
of the authority representing a director precinct, an individual
must:
(1) be at least 18 years of age;
(2) be a resident of the authority; and
(3) have served as a director of one or more districts
or as a member of the governing body of a municipality within the
authority for a total of at least four years.
Sec. 8878.053. DISQUALIFICATION OF DIRECTORS. Subject to
Section 8878.061, the common law doctrine of incompatibility does
not disqualify an employee of a public entity from serving as a
director of the authority. A director who is also an employee of a
public entity may not participate in the discussion of or vote on a
matter regarding a contract with that public entity.
Sec. 8878.054. CONFLICTS OF INTEREST. Chapter 171, Local
Government Code, governs conflicts of interest of board members.
Sec. 8878.055. SINGLE-MEMBER DIRECTOR PRECINCTS. (a) The
authority is divided into five single-member director precincts,
the initial territories of which are described by Section 3 of the
Act creating this chapter.
(b) The board may redraw the single-member director
precincts in a manner that is reasonable and equitable:
(1) after any change in the boundaries of the
authority; or
(2) by a resolution redrawing the director precincts
adopted by a two-thirds majority of the board, based on changed
circumstances.
(c) The boundaries and field notes for each precinct
contained in Section 3 of the Act creating this chapter form a
closure. A mistake made in the field notes or in copying the field
notes in the legislative process does not affect the selection of a
director under this chapter.
Sec. 8878.056. METHOD OF APPOINTMENT OF DIRECTORS. (a)
Except as provided by Section 8878.057, the governing bodies of the
districts and municipalities located within each director precinct
jointly shall appoint one director to represent the precinct by a
vote conducted as provided by this section.
(b) If a district or municipality is located within two or
more director precincts, the district or municipality is
considered, for purposes of this section, to be located only within
the director precinct in which the greatest amount of territory of
the district or municipality is located.
(c) For the appointment of a director for a director
precinct, the board shall determine the number of votes each
district or municipality may cast. The number of votes for a
governing body of a district or municipality within the precinct is
equal to the number computed by dividing the total number of units
of water, as determined by the board, used within the precinct by
the district or municipality during the calendar year preceding the
year in which the director is selected by the total number of units
of water used within the precinct by all districts and
municipalities in the precinct, multiplying that quotient by 100,
and rounding that result to the nearest one-tenth. The board shall
provide the presiding officer of each governing body of a district
or municipality within each director precinct written notice of the
number of votes computed for that governing body to cast.
(d) For purposes of Subsection (c), the board shall
determine the amount of water usage of all districts and
municipalities within each director precinct.
(e) In the appropriate even-numbered year, the governing
body of each district or municipality in a director precinct by
resolution may nominate one candidate for the position of director
for that director precinct. Each district or municipality shall
submit the name of its candidate, if any, to the presiding officer
of the authority by February 15 of that year. If by February 15 of
that year only one candidate's name is submitted for the position of
director for a director precinct, the board may declare the
unopposed candidate elected and may cancel the director appointment
procedures generally required by this section for that position.
If more than one candidate's name is submitted for the position of
director for a director precinct, before March 15 of that year the
board shall prepare, for the director precinct or precincts from
which a director is being appointed, a ballot listing all of the
candidates for that director precinct and shall provide a copy of
the appropriate ballot to the presiding officer of the governing
body of each district or municipality located within the director
precinct from which a director is being appointed.
(f) An individual may not be listed as a candidate on the
ballot for more than one director position. If a candidate is
nominated for more than one director position, the candidate must
choose to be on the ballot for only one director position.
(g) The governing body of each district or municipality
shall determine its votes for director by resolution and submit
them to the presiding officer of the authority before May 1 of the
appropriate even-numbered year. In casting its votes for director,
the governing body of each district or municipality may vote for
only one candidate on the ballot for the director precinct in which
the district or municipality is located. For each director
precinct from which a director is being appointed, the board shall
count the votes, declare elected the candidate who received the
greatest number of votes from districts and municipalities located
within that director precinct, and submit the results before May 15
of that year to the governing body of each district or municipality
within that director precinct.
(h) The board may adopt rules regarding:
(1) the manner and timing of determinations and
calculations required by this section;
(2) the reporting of water usage to the authority by
districts and municipalities; and
(3) the conduct and process of the appointment of
directors.
Sec. 8878.057. APPOINTMENT OF DIRECTORS IN SPARSELY
POPULATED PRECINCTS. (a) For each precinct with a population of
less than 25,000, the Commissioners Court of Fort Bend County shall
appoint the director for that precinct. When the population within
a precinct reaches 25,000, as determined by federal census
information or as otherwise determined by the county, that precinct
is eligible to nominate and appoint a director in accordance with
Section 8878.056, who shall serve upon the expiration of the
appointed director's term.
(b) To be eligible for appointment under this section, a
person must be a resident of the county. Sections 8878.052(a)(2)
and (3) do not apply to the eligibility of a person for appointment
under this section.
Sec. 8878.058. VACANCY IN OFFICE OF DIRECTOR. (a) A
vacancy in the office of director shall be filled by appointment by
the governing bodies of the districts and municipalities that are
located within the director precinct for which the vacancy
occurred. The appointment process shall follow the procedures of
Section 8878.056. The board may establish dates different from
those specified by Sections 8878.056(e) and (g), but the date for
the board's submission of the voting results to each district and
municipality may not be later than the 120th day after the date the
vacancy occurs.
(b) A vacancy in the office of director appointed by the
county under Section 8878.057 shall be filled by appointment by the
Commissioners Court of Fort Bend County.
Sec. 8878.059. MEETINGS AND ACTIONS OF BOARD. (a) The
board may meet as many times each year as the board considers
appropriate.
(b) Directors of the authority are public officials and are
entitled to governmental immunity for their actions in their
capacity as directors and officers of the authority.
Sec. 8878.060. GENERAL MANAGER. (a) The board may employ a
general manager of the authority or contract with a person to
perform the duties of a general manager. The board may delegate to
the general manager full authority to manage and operate the
affairs of the authority subject only to orders of the board.
(b) The board may delegate to the general manager the
authority to employ all persons necessary for the proper handling
of the business and operation of the authority and to determine the
compensation to be paid to all employees, other than the general
manager.
Sec. 8878.061. COMPENSATION; EXPENSES. A director who is
also an official of another public entity serves without
compensation but may be reimbursed for actual expenses incurred in
the performance of official duties. The expenses must be:
(1) reported in the authority's records; and
(2) approved by the board.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8878.101. GENERAL POWERS AND DUTIES. (a) The
authority may:
(1) provide for the conservation, preservation,
protection, recharge, and prevention of waste of groundwater, and
for the reduction of groundwater withdrawals as necessary to
develop, implement, or enforce a groundwater reduction plan, in a
manner consistent with the purposes of Section 59, Article XVI,
Texas Constitution, and facilitate compliance with Fort Bend
Subsidence District or applicable subsidence district rules,
orders, regulations, or requirements;
(2) acquire or develop surface water and groundwater
supplies from sources inside or outside the boundaries of the
authority, conserve, store, transport, treat, purify, distribute,
sell, and deliver water to or among persons inside and outside the
boundaries of the authority, and allocate water among persons
participating in the authority's groundwater reduction plan
whether they are located inside or outside the authority's
boundaries;
(3) enter into contracts with persons inside or
outside the authority on terms and conditions the board considers
desirable, fair, and advantageous for the performance of its
rights, powers, and authority under this chapter;
(4) coordinate water services provided inside,
outside, or into the authority;
(5) provide wholesale and retail water services to any
users or customers within the authority's boundaries without being
required to execute contracts with those users or customers;
(6) adopt policies establishing whether, when, and the
manner in which the authority uses requests for proposals in
obtaining services, including professional services;
(7) determine whether to adopt administrative
policies in addition to those required by Section 49.199, Water
Code; and
(8) administer and enforce this chapter.
(b) Sections 49.451-49.455, Water Code, do not apply to the
authority.
(c) Notwithstanding Subsection (a)(5), the authority may
not provide retail water service to a retail user within the
authority's boundaries that is located within the boundaries of a
district or municipality on the date the authority awards a
contract for the construction or executes a contract for the
acquisition of water facilities to serve that retail user, unless:
(1) the district or municipality consents in writing
to the authority's provision of retail water service; or
(2) the retail user owns or operates a well.
(d) If a retail user that does not own or operate a well is
added to the boundaries of a district or municipality after the date
the authority awards a contract for the construction or executes a
contract for the acquisition of water facilities to serve that
retail user, the authority may provide retail service to that
retail user without the written consent of the district or
municipality.
Sec. 8878.102. AUTHORITY RULES. The authority may adopt
and enforce rules reasonably required to implement this chapter,
including rules governing procedures before the board and rules
regarding implementation, enforcement, and any other matters
related to the authority's water supply or groundwater reduction
plan.
Sec. 8878.103. FEES, USER FEES, RATES, AND CHARGES. (a)
The authority may establish fees, user fees, rates, and charges and
classifications of payers of fees and rates as necessary to enable
the authority to fulfill the authority's purposes and regulatory
functions provided by this chapter. The authority may impose fees,
user fees, rates, and charges on any person within the authority.
(b) The authority may charge the owner of a well located
within the authority's boundaries a fee or user fee according to the
amount of water pumped from the well. If ownership of a well
changes, both the prior and subsequent well owners are liable to the
authority, jointly and severally, for all fees and user fees
imposed by the authority under this subsection, and any related
penalties and interest, for water pumped from that well before the
change in well ownership. Notwithstanding Subsection (d), the
authority may impose the charge under this subsection on a well or
class of wells that cease to be subject to a groundwater reduction
requirement on or after June 30, 2013.
(c) The board shall make reasonable efforts to send
districts and municipalities written notice of the date, time, and
location of the meeting at which the board intends to adopt a
proposed charge under Subsection (b) and the amount of the proposed
charge. The board's failure to comply with this subsection does not
invalidate a charge adopted by the board under Subsection (b).
(d) For wells located in Fort Bend County, the board shall
exempt from the charge under Subsection (b) classes of wells that
are not subject to any groundwater reduction requirement imposed by
the Fort Bend Subsidence District or applicable subsidence
district. If any of those classes of wells become subject to a
groundwater reduction requirement imposed by the applicable
subsidence district, the authority may impose the charge under
Subsection (b) on those classes. The board by rule may exempt any
other classes of wells from the charge under Subsection (b). The
board may not apply the charge under Subsection (b) to a well:
(1) with a casing diameter of less than five inches
that serves only a single-family dwelling; or
(2) regulated under Chapter 27, Water Code.
(e) For purposes of Subsection (d), a well is subject to a
groundwater reduction requirement if the applicable subsidence
district has adopted or adopts a requirement or rule that
groundwater withdrawals from the well, or from the well and other
wells collectively, be reduced, including a groundwater reduction
that is not required until a future date.
(f) The authority may establish fees, user fees, rates, and
charges that are sufficient to:
(1) achieve water conservation;
(2) prevent waste of water;
(3) serve as a disincentive to pumping groundwater;
(4) develop, implement, or enforce a groundwater
reduction plan;
(5) accomplish the purposes of this chapter, including
making available alternative water supplies;
(6) enable the authority to meet operation and
maintenance expenses;
(7) pay the principal of and interest on notes, bonds,
and other obligations issued in connection with the exercise of the
authority's general powers and duties; and
(8) satisfy all rate covenants relating to the
issuance of notes, bonds, and other obligations.
(g) The authority may charge rates established by the
authority for water purchased from the authority.
(h) The authority may impose fees, user fees, or charges for
the importation of water into the authority's boundaries from a
source located outside the authority's boundaries.
(i) The authority may impose a reasonable export fee or
surcharge for groundwater transferred out of the authority, in an
amount not to exceed 150 percent of the surface water fee charged by
the North Fort Bend Water Authority.
Sec. 8878.104. PURCHASE OF WATER FROM ANOTHER ENTITY. (a)
If the authority purchases water from another entity for resale to
local governments, the authority shall use its best efforts in
negotiating with the entity to determine the amount of capital
costs included in any rates or charges paid by the authority. The
authority shall determine the amount of expected capital costs of
its own system.
(b) The authority shall provide each district or
municipality within its boundaries information regarding the share
of the capital costs to be paid by the district or municipality, as
determined by the authority, and shall provide each district or
municipality the opportunity, in a manner and by a procedure
determined by the authority, to fund its share of the capital costs
with proceeds from the sale of bonds or fees and charges collected
by the districts or municipalities. A district or municipality may
use any lawful source of revenue, including bond funds, to pay any
sums due to the authority.
(c) The authority may adopt a procedure by which a district
or municipality may receive a credit from the authority. The board
may adopt any other procedure necessary to accomplish the goals of
this section.
(d) In complying with this section, the authority may use
any reasonable basis to calculate from time to time the share of the
capital costs of a district or municipality. The authority may
calculate the shares of the capital costs based on the amount of
water used within the authority by the district or municipality
during the calendar year preceding the year in which the
calculation is made.
(e) This section or any failure to comply with this section
does not limit or impede the authority's ability to issue bonds or
notes or invalidate any fees, user fees, charges, rates, or special
assessments imposed by the authority.
Sec. 8878.105. ASSESSMENTS. (a) The board may undertake
improvement projects and services that confer a special benefit on
all or a definable part of the authority. The board may impose
special assessments on property in that area, including property of
a local government, based on the benefit conferred by the
improvement project or services, to pay all or part of the cost of
the project and services. The board may provide improvements and
services to an area outside the boundaries of the authority if the
board determines that there is a benefit to the authority. The
authority may finance with special assessments any improvement
project or service authorized by this chapter or any other
applicable law.
(b) Services or improvement projects may be financed with
special assessments under this chapter only after the board holds a
public hearing on the advisability of the improvements and services
and the proposed assessments.
(c) The board shall publish notice of the hearing in a
newspaper or newspapers with general circulation in Fort Bend
County. The publication must be made not later than the 30th day
before the date of the hearing.
(d) Notice provided under this section must include:
(1) the time and place of the hearing;
(2) the general nature of the proposed improvement
project or services;
(3) the estimated cost of the improvement, including
interest during construction and associated financing costs; and
(4) the proposed method of assessment.
(e) Written notice containing the information required by
Subsection (d) shall be mailed by certified mail, return receipt
requested, not later than the 30th day before the date of the
hearing. The notice shall be mailed to each person within the
authority who holds a permit for a well issued by the Fort Bend
Subsidence District or applicable subsidence district and whose
well is subject to a groundwater reduction requirement imposed by
that district. The Fort Bend Subsidence District or applicable
subsidence district shall provide to the authority a list of
persons who hold such a permit.
(f) The board may establish rules regarding procedures for a
hearing. A hearing on the services or improvement project, whether
conducted by the board or a hearings examiner, may be adjourned from
time to time. At the conclusion of a hearing conducted by the
board, the board shall make written findings and conclusions
relating to the advisability of the improvement project or
services, the nature of the improvement project or services, the
estimated cost, and the area benefited. If the board appoints a
hearings examiner to conduct the hearing, after conclusion of the
hearing, the hearings examiner shall file with the board a written
report of the examiner's findings and conclusions.
(g) At a hearing on proposed assessments, on adjournment of
the hearing, or after consideration of the hearings examiner's
report, the board shall hear and rule on all objections to each
proposed assessment. The board may amend proposed assessments for
any property. After the board hears and takes action on those
objections, the board, by order:
(1) shall impose the assessments as special
assessments on the property;
(2) shall specify the method of payment of the
assessments; and
(3) may provide that those assessments, including
interest, be paid in periodic installments.
(h) Periodic installments must be in amounts sufficient to
meet annual costs for services and improvements as provided by
Subsection (j) and continue for the number of years required to
retire the indebtedness or pay for the services to be rendered. The
board may provide interest charges or penalties for failure to make
timely payment and may impose an amount to cover delinquencies and
expenses of collection.
(i) If assessments are imposed for more than one service or
improvement project, the board may provide that assessments
collected for one service or improvement project may be borrowed to
be used for another service or improvement project. The board shall
establish a procedure for the distribution or use of any
assessments in excess of those necessary to finance the services or
improvement project for which those assessments were collected.
(j) The board shall apportion the cost of an improvement
project or services to be assessed against the property in the
authority according to the special benefits that accrue to the
property because of the improvement project or services. The board
may assess the cost only according to the number of gallons of
groundwater pumped from wells within the authority that are subject
to a groundwater reduction requirement imposed by the Fort Bend
Subsidence District or applicable subsidence district. The board
may not assess the cost according to groundwater pumped from:
(1) a well with a casing diameter of less than five
inches that serves only a single-family dwelling; or
(2) a well that is regulated by Chapter 27, Water Code.
(k) The area of the authority to be assessed according to
the findings of the board may be the entire authority or any part of
the authority and may be less than the area proposed in the notice
of the hearing.
(l) The area to be assessed may not include property that is
not within the authority boundaries at the time of the hearing
unless there is an additional hearing, following the required
notice.
(m) Notwithstanding Subsection (l), the owner of land
annexed to the authority after the authority has imposed
assessments may waive the right to notice and an assessment hearing
and may agree to the imposition and payment of assessments at an
agreed rate for land annexed to the authority. A district or
municipality may waive the right to notice and an assessment
hearing for land within its boundaries annexed to the authority and
may agree to the imposition and payment of assessments at an agreed
rate for the annexed land.
(n) The board shall have prepared an assessment roll showing
the assessments against each property and the board's basis for the
assessment. The assessment roll shall be:
(1) filed with the secretary of the board or other
officer who performs the function of secretary; and
(2) open for public inspection.
(o) After notice and hearing in the manner required for an
original assessment, the board may make supplemental assessments to
correct omissions or mistakes in the assessment:
(1) relating to the total cost of the improvement
project or services; or
(2) covering delinquencies or costs of collection.
Sec. 8878.106. INTEREST AND PENALTIES. The board may
require the payment of interest on any late or unpaid fees, user
fees, rates, charges, and special assessments due the authority,
but the interest rate may not exceed the interest rate permitted by
Section 2251.025, Government Code. The board may also impose
penalties for the failure to make a complete or timely payment to
the authority. In addition, the board may exclude a person, or any
territory or well owned or controlled by a person, from the
authority's groundwater reduction plan for failure to make a
complete or timely payment to the authority.
Sec. 8878.107. ATTORNEY'S FEES AND COLLECTION EXPENSES.
(a) The authority is entitled to reasonable attorney's fees
incurred by the authority in enforcing its rules.
(b) The authority is entitled to collection expenses and
reasonable attorney's fees incurred by the authority in collecting
any delinquent fees, user fees, rates, and charges and any related
penalties and interest.
Sec. 8878.108. LIEN. (a) Fees and user fees imposed by the
authority under Section 8878.103(b), any related penalties and
interest, and collection expenses and reasonable attorney's fees
incurred by the authority:
(1) are a first and prior lien against the well to
which the fees or user fees apply;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owner of the well.
(b) A lien under this section is effective from the date of
the resolution or order of the board imposing the fee or user fee
until the fee or user fee is paid.
(c) The board may enforce the lien in the same manner that a
municipal utility district operating under Chapter 54, Water Code,
may enforce an ad valorem tax lien against real property.
Sec. 8878.109. ADMINISTRATIVE PENALTY; INJUNCTION. (a) A
person who violates a rule or order of the authority is subject to
an administrative penalty of not more than $5,000, as determined by
the board, for each violation or each day of a continuing violation.
The person shall pay the penalty to the authority.
(b) The authority may bring an action to recover the penalty
in a district court in the county where the violation occurred.
(c) The authority may bring an action for injunctive relief
in a district court in the county where a violation of an authority
rule or order occurs or is threatened to occur. The court may grant
to the authority, without bond or other undertaking, a prohibitory
or mandatory injunction that the facts warrant, including a
temporary restraining order, temporary injunction, or permanent
injunction.
(d) The authority may bring an action for an administrative
penalty and injunctive relief in the same proceeding.
Sec. 8878.110. WATER SUPPLY OR DROUGHT CONTINGENCY PLANS.
The authority by rule may develop, prepare, revise, adopt,
implement, enforce, and manage comprehensive water supply or
drought contingency plans for the authority, or any portion of the
authority.
Sec. 8878.111. GROUNDWATER REDUCTION PLAN. (a) The
authority may wholly or partly develop, prepare, revise, adopt,
implement, enforce, manage, or participate in a groundwater
reduction plan that is applicable only to the authority and one or
more persons outside the authority. The authority may require that
any groundwater reduction plan that the authority wholly or partly
develops, prepares, revises, adopts, implements, enforces, or
manages or in which the authority participates be the exclusive
groundwater reduction plan that is binding and mandatory on some or
all of the territory, persons, or wells located within the
authority. A groundwater reduction plan may:
(1) specify the measures to be taken to reduce
groundwater withdrawals;
(2) identify alternative sources of water, including
water from the authority, to be provided to those affected;
(3) identify the rates, terms, and conditions under
which alternative sources of water will be provided, which may be
changed from time to time as considered necessary by the authority;
(4) specify the dates and extent to which persons or
districts within the authority's boundaries shall reduce or cease
reliance on groundwater and accept water from alternative sources,
including water from the authority;
(5) include other terms and measures that are
consistent with the powers and duties of the authority;
(6) exceed the minimum requirements imposed by the
Fort Bend Subsidence District or applicable subsidence district,
including any applicable groundwater reduction requirements; and
(7) be amended from time to time at the discretion of
the authority.
(b) Fees, user fees, rates, charges, and special
assessments of the authority may be imposed under this chapter for a
person's participation in and benefit derived from the authority's
groundwater reduction plan, a groundwater reduction plan in which
the authority participates, or the authority's works, projects,
improvements, and services to be provided by the authority under
powers conferred by Section 59, Article XVI, Texas Constitution,
and this chapter.
Sec. 8878.112. ACQUISITION, CONSTRUCTION, AND OPERATION OF
SYSTEMS. (a) The authority may:
(1) acquire by purchase, gift, lease, contract, or any
other legal means a water treatment or supply system, or any other
works, plants, improvements, or facilities necessary or convenient
to accomplish the purposes of the authority, or any interest of the
authority, inside or outside the authority's boundaries;
(2) design, finance, operate, maintain, or construct a
water treatment or supply system or any other works, plants,
improvements, or facilities necessary or convenient to accomplish
the purposes of the authority and provide water services inside or
outside the authority's boundaries;
(3) lease or sell a water treatment or supply system or
any other works, plants, improvements, or facilities necessary or
convenient to accomplish the purposes of the authority that the
authority constructs or acquires inside or outside the authority's
boundaries;
(4) contract with any person to operate or maintain a
water treatment or supply system the person owns; or
(5) acquire water rights under any law or permit.
(b) The authority may contract, according to terms and
conditions the board considers desirable, fair, and advantageous,
with a person outside the authority's boundaries:
(1) to allow the person, or the person's well, to be
included in a groundwater reduction plan adopted or implemented
wholly or partly by the authority or in a groundwater reduction plan
in which the authority participates;
(2) to sell water to the person; or
(3) to sell the person available excess capacity or
additional capacity of the authority's water treatment or supply
system.
(c) The authority by rule may require that the plans and
specifications of water lines to be constructed within the
authority that are designed or intended to serve more than one
district or more than one person owning or holding a well permit
issued by the Fort Bend Subsidence District or applicable
subsidence district be approved by the authority before the
commencement of construction of the water lines.
Sec. 8878.113. SALE OR REUSE OF WATER OR BY-PRODUCT. The
authority may store, sell, or reuse:
(1) water; or
(2) any by-product from the authority's operations.
Sec. 8878.114. CONTRACTS. (a) The authority may enter into
a contract with a person for the performance of a purpose or
function of the authority, including a contract to design,
construct, finance, lease, own, manage, operate, or maintain works,
improvements, facilities, plants, equipment, or appliances
necessary to accomplish a purpose or function of the authority. A
contract may be of unlimited duration.
(b) The authority may purchase, acquire, finance, or lease
an interest in a project used for a purpose or function of the
authority.
(c) The authority may contract for:
(1) the purchase, sale, or lease of water or water
rights;
(2) the performance of activities within the powers of
the authority through the purchase, construction, or installation
of works, improvements, facilities, plants, equipment, or
appliances; or
(3) the design, construction, ownership, management,
maintenance, or operation of any works, improvements, facilities,
plants, equipment, or appliances of the authority or another
person.
(d) The authority may purchase surplus property from this
state, the United States, or another public entity through a
negotiated contract without bids.
Sec. 8878.115. COOPERATION WITH AND ASSISTANCE OF OTHER
GOVERNMENTAL ENTITIES. (a) In implementing this chapter, the
board may cooperate with and request the assistance of the Texas
Water Development Board, the commission, the United States
Geological Survey, the Fort Bend Subsidence District or applicable
subsidence district, other local governments, and other agencies of
the United States and this state.
(b) The Fort Bend Subsidence District or applicable
subsidence district may enter into an interlocal contract with the
authority to carry out the authority's purposes and may carry out
the governmental functions and services specified in the interlocal
contract.
(c) For the purpose of reducing costs associated with
preparing a groundwater reduction plan, the board may consider the
usefulness of a water supply study or plan prepared by or on behalf
of the North Fort Bend Water Authority, the Central Harris County
Regional Water Authority, the North Harris County Regional Water
Authority, the West Harris County Regional Water Authority, the
City of Houston, the City of Sugar Land, the City of Missouri City,
Fort Bend County Water Control and Improvement District No. 2, the
City of Richmond, the City of Rosenberg, Pecan Grove Municipal
Utility District, or another governmental entity to the extent the
study or plan is available and applicable to the authority.
Sec. 8878.116. GIFTS AND GRANTS. The authority may accept a
gift or grant from money collected by the Fort Bend Subsidence
District or applicable subsidence district to fund the
construction, maintenance, or operation of a water treatment or
supply system.
Sec. 8878.117. EXPENDITURES. (a) The authority's money
may be disbursed only by check, draft, order, federal reserve wire
system, or other instrument or authorization.
(b) Disbursements of the authority must be signed by at
least a majority of the directors. The board by resolution may
allow the general manager, treasurer, bookkeeper, or other employee
of the authority to sign disbursements, except as limited by
Subsection (c).
(c) The board by resolution may allow disbursements to be
transferred by federal reserve wire system to accounts in the name
of the authority without the necessity of any directors signing the
disbursement. Disbursements of the authority's money by federal
reserve wire system to any accounts not in the name of the authority
must be signed by at least a majority of the directors.
Sec. 8878.118. AD VALOREM TAXATION. The authority may not
impose an ad valorem tax.
Sec. 8878.119. EMINENT DOMAIN. (a) The authority may
acquire by condemnation any land, easements, or other property
inside the authority's boundaries to further authorized purposes,
powers, or duties of the authority. The authority may acquire by
condemnation any land, easements, or other property outside the
authority's boundaries for the purposes of pumping, storing,
treating, or transporting water. When exercising the power of
eminent domain granted by this section, the authority may elect to
condemn either the fee simple title or a lesser property interest.
(b) The authority may exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code. The authority
is not required to give bond for appeal or bond for costs in a
condemnation suit or other suit to which it is a party. The
authority is not required to deposit more than the amount of an
award in a suit.
(c) The authority may not use the power of eminent domain
for the condemnation of land for the purpose of acquiring rights to
groundwater or for the purpose of acquiring water or water rights.
Sec. 8878.120. ACTION AGAINST PERSON, DISTRICT, OR
POLITICAL SUBDIVISION. (a) The authority may bring an action in a
district court against a person, including a district or other
political subdivision 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.
(b) Governmental immunity from suit or liability of a
district or other political subdivision is waived for the purposes
of an action under this section.
SUBCHAPTER D. BONDS AND NOTES
Sec. 8878.151. REVENUE BONDS AND NOTES. (a) The authority
may issue bonds or notes payable solely from revenue from any
source, including:
(1) tolls, charges, rates, fees, user fees, and
special assessments the authority imposes or collects;
(2) the sale of water, water services, water rights or
capacity, water transmission rights or services, water pumping, or
any other service or product of the authority provided inside or
outside the boundaries of the authority;
(3) grants or gifts;
(4) the ownership or operation of all or a designated
part of the authority's works, improvements, facilities, plants, or
equipment; and
(5) contracts between the authority and any person.
(b) Notes issued by the authority may be first or
subordinate lien notes at the board's discretion.
(c) In connection with any bonds or notes of the authority,
the authority may exercise any power of an issuer under Chapter
1371, Government Code.
(d) The authority may conduct a public, private, or
negotiated sale of the bonds or notes.
(e) The authority may enter into one or more indentures of
trust to further secure its bonds or notes.
(f) The authority may issue bonds or notes in more than one
series as necessary to carry out the purposes of this chapter. In
issuing bonds or notes secured by revenue of the authority, the
authority may reserve the right to issue additional bonds or notes
secured by the authority's revenue that are on a parity with or are
senior or subordinate to the bonds or notes issued earlier.
(g) A resolution of the board authorizing the bonds or notes
or a trust indenture securing the bonds or notes may specify
additional provisions that constitute a contract between the
authority and its bondholders or noteholders.
(h) Bonds and notes may be additionally secured by deed of
trust or mortgage on any or all of the authority's facilities.
(i) The authority may issue refunding bonds or notes to
refund any of its bonds or notes in any manner provided by law.
(j) Sections 49.153, 49.154, and 49.181, Water Code, do not
apply to bonds or notes issued by the authority. Commission rules
regarding bonds or notes do not apply to bonds or notes issued by
the authority.
SECTION 2. The West Fort Bend Water Authority initially
includes the territory that is contained in the following area,
regardless of whether the territory contains noncontiguous parcels
of land or whether the territory is located within the boundaries of
any other governmental entity or political subdivision of the
state:
Fort Bend County, save and except the following:
1. Territory included within the boundaries of North Fort
Bend Water Authority and the West Harris County Regional Water
Authority as of January 1, 2013;
2. Territory included within the corporate limits of the
City of Houston as of January 1, 2013; and
3. Territory included within the corporate or
extraterritorial jurisdiction limits of the following
municipalities as of January 1, 2013:
a. City of Alvin,
b. City of Arcola,
c. City of Fulshear,
d. City of Missouri City,
e. City of Pearland,
f. City of Richmond,
g. City of Rosenberg,
h. City of Stafford, and
i. City of Sugar Land; and
4. Territory included in Oak Bend Forest, a subdivision per
plat or map recorded under Slide 1214 A&B of the Plat Records of
Fort Bend County, Texas that lies within Fort Bend County; and
5. All of the H.T.&B. RR. Co. Survey, Abstract No. 622, Fort
Bend County, Texas; and
6. Territory included within that portion of the
extraterritorial jurisdiction limits of the City of Houston bounded
on the East by the corporate and extraterritorial limits of the City
of Pearland, bounded on the South by the extraterritorial limits of
the City of Arcola, the South right-of-way of State Highway No. 6,
and the corporate limits of the City of Missouri City, bounded on
the West by the corporate and extraterritorial limits of the City of
Missouri City and the corporate limits of the City of Houston, and
bounded on North by the corporate limits of the City of Houston.
SECTION 3. The West Fort Bend Water Authority includes five
single-member director precincts as follows:
Precinct 1
Description
BEGINNING at a point in the centerline of the Brazos River, same
being the East line of Austin County for the common West corner of
Waller and Fort Bend Counties;
THENCE, in a general Easterly direction, along and with the South
line of said Waller County, same being the North line of said Fort
Bend County to the intersection of said County line with the West
limits of the City of Fulshear Extraterritorial Jurisdiction (all
references to the limits of the City of Fulshear Extraterritorial
Jurisdiction are as of January 1, 2013);
THENCE, Southerly and Easterly, along and with the West limits of
said City of Fulshear Extraterritorial Jurisdiction to the
intersection of an interior South line of said City of Fulshear
Extraterritorial Jurisdiction with the West line of the North Fort
Bend Water Authority;
THENCE, Southerly, along and with the West line of said North Fort
Bend Water Authority to the intersection of said West line with an
interior North line of said City of Fulshear Extraterritorial
Jurisdiction in the centerline of North Fulshear Drive;
THENCE, Westerly, Southerly, and Easterly, along and with the
Westerly limits of said City of Fulshear Extraterritorial
Jurisdiction and partly along and with the Easterly limits of the
City of Weston Lakes Extraterritorial Jurisdiction (all references
to the limits of the City of Weston Lakes Extraterritorial
Jurisdiction are as of January 1, 2013) to a point in the centerline
of Farm to Market (FM) Highway No. 1093;
THENCE, Westerly, along and with the centerline of said FM 1093, to
the intersection of said centerline with the centerline of said
Brazos River, same being the East line of said Austin County and the
West line of said Fort Bend County;
THENCE, in a general Northerly direction, upstream and along and
with the centerline of said Brazos River, same being the East line
of said Austin County and the West line of said Fort Bend County to
the POINT OF BEGINNING.
Precinct 2
Description
BEGINNING at a point in the centerline of the Brazos River, same
being the East line of Austin County and the West line of said Fort
Bend County for the intersection of the centerline of said Brazos
River with the centerline of Farm to Market (FM) Highway No. 1093;
THENCE, in an Easterly direction, along and with the centerline of
said FM 1093 to the intersection of said centerline with an interior
West line of the City of Fulshear Extraterritorial Jurisdiction
(all references to the limits of the City of Fulshear
Extraterritorial Jurisdiction are as of January 1, 2013);
THENCE, in a Southeasterly direction, along and with the West
limits of said City of Fulshear Extraterritorial Jurisdiction to
the intersection of said West limits with the West line of the North
Fort Bend Water Authority;
THENCE, Southerly and Easterly, along and with the West and South
lines of said North Fort Bend Water Authority to the intersection of
the South line of said North Fort Bend Water Authority with the West
line of the City of Rosenberg Extraterritorial Jurisdiction (all
references to the limits of the City of Rosenberg Extraterritorial
Jurisdiction are as of January 1, 2013);
THENCE, Southerly, along and with the Westerly limits of said City
of Rosenberg Extraterritorial Jurisdiction to a point in the
centerline of U.S. Highway 90A;
THENCE, Westerly, along and with the centerline of U.S. Highway
90A, to the intersection of said centerline with the centerline of
the San Bernard River, same being the East line of Wharton County
and the West line of said Fort Bend County;
THENCE, in a general Northerly direction and upstream along and
with the centerline of said San Bernard River, same being the East
line of said Wharton County and the West line of said Fort Bend
County to a point for the common West corner of said Austin County
and said Fort Bend County;
THENCE, Easterly and Northerly, along and with South and East lines
of said Austin County, same being an interior North line and the
West line of said Fort Bend County to a point in the centerline of
said Brazos River;
THENCE, in a general Northerly direction, upstream and along and
with the centerline of said Brazos River, same being the East line
of said Austin County and the West line of said Fort Bend County to
the POINT OF BEGINNING.
Precinct 3
Description
PART 1
BEGINNING at a point in the center of the San Bernard River, same
being the East line of Wharton County and the West line of Fort bend
County for the intersection of the centerline of said San Bernard
River with the centerline of US Highway 90;
THENCE, in an Easterly Northeast direction, along and with the
centerline of said US Highway 90 to the intersection of said
centerline with a Northerly extension of the West right-of-way line
of Beasley - West End Road, same being an interior West line of the
City of Rosenberg Extraterritorial Jurisdiction (all references to
the limits of the City of Rosenberg Extraterritorial Jurisdiction
are as of January 1, 2013), same also being an interior East line of
the City of Orchard Extraterritorial Jurisdiction (all references
to the limits of the City of Orchard Extraterritorial Jurisdiction
are as of January 1, 2013) ;
THENCE, along and with the common line between the Extraterritorial
Jurisdiction limits of said City of Rosenberg and said City of
Orchard and along and with the Extraterritorial Jurisdiction
Boundary Agreement between said cities as established and described
in City of Orchard Ordinance No. 68-2003 the following courses;
Southerly along and with the Westerly right-of-way line of
said Beasley - West End Road to the intersection of said Westerly
right-of-way line with the Northwesterly right-of-way line of
Drachenberg Road;
Southwesterly, along and with the Northwesterly right-of-way
line of said Drachenberg Road to the intersection of said
Northwesterly right-of-way line with the Northeasterly
right-of-way line of Hopkins Road;
Northwesterly and Westerly, along and with the Northeasterly
and Northerly line of Hopkins Road to the intersection of said
Northerly right-of-way line with the East right-of-way of Engle
Road;
Southerly, along and with the East right-of-line of said
Engle Road to the intersection of said East right-of-way line with
the North right-of-way of Koym Road;
Westerly, along and with the North right-of-way line of said
Kyom Road, approximately 4,580 feet to a Northwest corner of the
limits of said City of Rosenberg Extraterritorial Jurisdiction;
THENCE, in a general Southerly, Easterly, and Northerly directions,
along and with the West and South corporate limits of the City of
Rosenberg (all references to the corporate limits of the City of
Rosenberg are as of January 1, 2013) and the limits of said City of
Rosenberg Extraterritorial Jurisdiction to the intersection of the
South limits of said City of Rosenberg with the intersection of the
centerline of State Highway No. 36;
THENCE, Southerly and Southeasterly, along and with the centerline
of said State Highway No. 36 to a point in the North line of Brazoria
County, same being the south line of said Fort Bend County;
THENCE, in a general Southwesterly direction, along and with the
North line of said Brazoria County, same being the south line of
said Fort Bend County to a point in the centerline of said San
Bernard River, same being the Easterly line of said Wharton County
for the Southwest corner of said Fort Bend County;
THENCE, in a general Northwesterly direction, upstream and along
and with the centerline of said San Bernard River, same being the
Easterly line of said Wharton County and the Westerly line of said
Fort Bend County to the POINT OF BEGINNING.
PART 2
BEGINNING at a point in the centerline of said US Highway 90, being
the intersection of said centerline with an interior West line of
the limits of said City of Rosenberg Extraterritorial Jurisdiction
and being located West Southwesterly along the centerline of said
US Highway 90 approximately 3,820 feet from the intersection of the
centerlines of said US Highway 90 and Spencer Road;
THENCE, Southerly, along and with an interior West line of the
limits said City of Rosenberg Extraterritorial Jurisdiction to a
point in the right-of-way of Randon School Road;
THENCE, Westerly, along and with an interior North line of said City
of Rosenberg Extraterritorial Jurisdiction and generally along the
Randon School Road approximately 1,900 feet to an interior corner
of the limits of said City of Rosenberg Extraterritorial
Jurisdiction;
THENCE, Northerly, along and with an interior East line of the
limits said City of Rosenberg Extraterritorial Jurisdiction to a
point in the centerline of said US Highway 90;
THENCE, East Northeasterly, along and with the centerline of said
US Highway 90 to the POINT OF BEGINNING.
PART 3
All of the corporate limits of the City of Beasley and all of that
land within the limits of the City of Beasley Extraterritorial
Jurisdiction (all references to the corporate limits of the City of
Beasley and the limits of the City of Orchard Extraterritorial
Jurisdiction are as of January 1, 2013.
Precinct 4
Description
BEGINNING at a point in the North line of Brazoria County, same
being the South line of Fort Bend County and being the intersection
of said common County line with the centerline of State Highway No.
36;
THENCE, Northwesterly and Northerly, along and with the centerline
of said State Highway No. 36 to the intersection of said centerline
with the South corporate limits of the City of Rosenberg (all
references to the corporate limits of the City of Rosenberg are as
of January 1, 2013);
THENCE, Southerly, Easterly, and Northerly along and with the
Southerly and Easterly limits of the South corporate limits of said
City of Rosenberg and the City of Rosenberg Extraterritorial
Jurisdiction (all references to the limits of the City of Rosenberg
Extraterritorial Jurisdiction are as of January 1, 2013) to the
intersection of said Easterly limits with the centerline of Farm to
Market Highway (FM) 762;
THENCE, in a general Southerly direction, along and with the
centerline of said FM 762 to the intersection of said centerline
with the centerline of FM 1462;
THENCE, Westerly and Southwesterly, along and with the centerline
of said FM 1462 to the intersection of said centerline with the
North line of said Brazoria County, same being the South line of
said Fort Bend County;
THENCE, Northwesterly, along and with the North line of said
Brazoria County, same being the South line of said Fort Bend County
to the POINT OF BEGINNING.
Precinct 5
Description
BEGINNING at a point in the North line of Brazoria County, same
being the South line of Fort Bend County and being the Southwesterly
intersection of said common County line with the centerline Farm to
Market Highway (FM) 1462 and being located approximately 250 feet
Southwesterly from the intersection of said FM 1462 with Nordt
Road;
THENCE, Northeasterly and Easterly, along and with the centerline
of said FM 1462 to the intersection of said centerline with the
centerline of FM 762;
THENCE, in a general Northerly direction, along and with the
centerline of said FM 762 to the intersection of said centerline
with the East line of the City of Rosenberg Extraterritorial
Jurisdiction (all references to the limits of the City of Rosenberg
Extraterritorial Jurisdiction are as of January 1, 2013);
THENCE, Northeasterly, Southerly, Easterly, and Northerly, along
and with the East line of said City of Rosenberg Extraterritorial
Jurisdiction and the East corporate limits of the City of Rosenberg
(all references to the corporate limits of the City of Rosenberg are
as of January 1, 2013) to the intersection of said East corporate
limits with the South line of the City of Sugar Land
Extraterritorial Jurisdiction (all references to the limits of the
City of Sugarland Extraterritorial Jurisdiction are as of January
1, 2013);
THENCE, in a general Easterly direction, along and with the South
line of said City of Sugar Land Extraterritorial Jurisdiction to
the intersection of said South line with the West line of the City
of Missouri City Extraterritorial Jurisdiction (all references to
the limits of the City of Missouri City Extraterritorial
Jurisdiction are as of January 1, 2013);
THENCE, in a general Southerly direction, along and with the West
line of said City of Missouri City Extraterritorial Jurisdiction
and the West corporate limits of the City of Missouri City (all
references to the corporate limits of the City of Missouri City are
as of January 1, 2013) to a point for the common West corner of said
City of Missouri City Extraterritorial Jurisdiction and the City of
Alvin Extraterritorial Jurisdiction (all references to the limits
of the City of Alvin Extraterritorial Jurisdiction are as of
January 1, 2013);
THENCE, in a general Southerly direction, along and with the West
line of said City of Alvin Extraterritorial Jurisdiction to a point
in the centerline of Cow Creek just upstream from its confluence
with the Brazos River, same being the North line of said Brazoria
County and the South line of said Fort Bend County;
THENCE, Westerly, Southerly, and Northwesterly along and with the
North line of said Brazoria County and the South line of said Fort
Bend County (said common County line partly being the centerline of
said Cow Creek) to POINT OF BEGINNING.
SECTION 4. (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,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) 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 have been
fulfilled and accomplished.
SECTION 5. (a) Section 8878.119, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 8878, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 8878.119 to read as follows:
Sec. 8878.119. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 6. Except as provided by Section 5 of this Act:
(1) 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; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2013.