Bill Text: TX SB368 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to limits on the purpose of a fresh water supply district and on a district's exercise of the power of eminent domain.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-02-02 - Referred to Natural Resources [SB368 Detail]
Download: Texas-2011-SB368-Introduced.html
| 82R5008 PMO-F | ||
| By: Seliger | S.B. No. 368 | |
|
|
||
|
|
||
| relating to limits on the purpose of a fresh water supply district | ||
| and on a district's exercise of the power of eminent domain. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 53.001, Water Code, is amended by adding | ||
| Subdivision (4) to read as follows: | ||
| (4) "Commission" means the Texas Commission on | ||
| Environmental Quality. | ||
| SECTION 2. Section 53.101, Water Code, is amended to read as | ||
| follows: | ||
| Sec. 53.101. PURPOSE OF DISTRICT. Fresh water supply | ||
| districts may be created to conserve, transport, and distribute | ||
| fresh water within or to the district from any sources for domestic | ||
| and commercial purposes. | ||
| SECTION 3. Subchapter D, Chapter 53, Water Code, is amended | ||
| by adding Section 53.108 to read as follows: | ||
| Sec. 53.108. LIMITATION ON USE OF EMINENT DOMAIN POWER; | ||
| REQUIRED APPROVALS. (a) A district may not exercise the power of | ||
| eminent domain to acquire land, an easement, or other property that | ||
| is located more than five miles outside the district's boundaries | ||
| unless: | ||
| (1) the commissioners court in the county in which the | ||
| eminent domain power is to be exercised, after notice and hearing, | ||
| officially approves the exercise; and | ||
| (2) after approval by the commissioners court, the | ||
| commission issues an order approving the district's application to | ||
| exercise that power. | ||
| (b) A district that seeks commission approval for the | ||
| district's planned exercise of eminent domain power: | ||
| (1) shall submit to the commission a written | ||
| application for approval of the exercise of that power; and | ||
| (2) shall provide notice of the application in the | ||
| manner prescribed by the commission. | ||
| (c) After publication of notice, an opportunity for public | ||
| comment, and an opportunity for public hearing on an application | ||
| under this section, the commission may issue an order approving the | ||
| application if the commission finds that: | ||
| (1) the requested exercise of the power of eminent | ||
| domain is necessary and serves a purpose for which the district was | ||
| created; and | ||
| (2) granting the request will serve the public | ||
| interest. | ||
| (d) The commission by rule shall establish procedures for | ||
| public notice and hearing of applications under this section. The | ||
| procedures must include provision of notice to elected state and | ||
| local officials who represent residents of the district and of the | ||
| property proposed for condemnation. | ||
| (e) This section applies to a fresh water supply district | ||
| and a district that converts from a fresh water supply district to | ||
| another type of district. | ||
| SECTION 4. Section 53.108, Water Code, as added by this Act, | ||
| applies only to an exercise of the power of eminent domain by a | ||
| fresh water supply district for which a condemnation petition is | ||
| filed on or after January 1, 2012. An exercise of the power of | ||
| eminent domain by a fresh water supply district for which a | ||
| condemnation petition is filed before January 1, 2012, is governed | ||
| by the law in effect on the date the condemnation petition is filed, | ||
| and that law is continued in effect for that purpose. | ||
| SECTION 5. This Act takes effect September 1, 2011. | ||
