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AN ACT
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relating to the regulation and financing of water and sewer utility |
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systems in certain counties; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 412.016, Local Government Code, is |
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amended to read as follows: |
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Sec. 412.016. COUNTY WATER AND SEWER SYSTEM. (a) A county |
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may acquire, own, finance, operate, or contract for the operation |
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of, a water or sewer utility system to serve an unincorporated area |
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of the county in the same manner and under the same regulations as a |
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municipality under Chapter 402. The county must comply with all |
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provisions of Chapter 13, Water Code, that apply to a municipality. |
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However, a county with a population of two [2.8] million or more and |
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any adjoining county may, with the municipality's approval, serve |
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an area within a municipality. |
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(b) To finance the water or sewer utility system, a county |
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may issue bonds payable solely from the revenue generated by the |
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water or sewer utility system. A bond issued under this section is |
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not a debt of the county but is only a charge on the revenues pledged |
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and is not considered in determining the ability of the county to |
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issue bonds for any other purpose authorized by law. This |
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subsection does not authorize the issuance of general obligation |
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bonds payable from ad valorem taxes to finance a water or sewer |
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utility system. However, a county with a population of two [2.8] |
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million or more and any adjoining county may issue general |
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obligation bonds with the approval of qualified voters. |
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(c) A county may acquire any interest in property necessary |
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to operate a system authorized by this section through any means |
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available to the county, including eminent domain. A county may not |
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use eminent domain under this subsection to acquire property in a |
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municipality. Provided, however, a county with a population of two |
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[2.8] million or more and any adjoining county may, with the |
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municipality's approval, use the power of eminent domain under this |
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subsection to acquire property within a municipality. |
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SECTION 2. Subchapter B, Chapter 412, Local Government |
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Code, is amended by adding Section 412.017 to read as follows: |
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Sec. 412.017. REGULATION OF WATER AND SEWER UTILITY IN |
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POPULOUS COUNTIES. (a) In this section, "water or sewer utility |
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system" means a water or sewer utility system that serves: |
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(1) an economically distressed area as defined by |
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Section 15.001, Water Code; or |
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(2) an area listed on: |
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(A) the state registry by the Texas Commission on |
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Environmental Quality under Subchapter F, Chapter 361, Health and |
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Safety Code; or |
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(B) the National Priorities List by the federal |
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Environmental Protection Agency under the federal Comprehensive |
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Environmental Response, Compensation, and Liability Act of 1980, 42 |
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U.S.C. Sections 9601-9675, as amended by the Superfund Amendments |
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and Reauthorization Act of 1986. |
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(b) A county with a population of 3.3 million or more may by |
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order: |
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(1) prohibit a person from installing an on-site |
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sewage disposal system, as defined by Section 366.002, Health and |
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Safety Code, or installing a water well, if the lot or parcel of |
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land on which the on-site sewage disposal system or water well is to |
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be installed has access to service from a water or sewer system; and |
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(2) prohibit a person from installing another water or |
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sewer utility system to serve a lot or parcel of land within the |
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area if the lot or parcel of land has access to service from a water |
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or sewer utility system. |
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(c) A county that adopts an order under Subsection (b) may |
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adopt the order only if the area that has access to service from a |
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water or sewer utility system: |
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(1) is not served by another legally operating water |
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or sewer utility system at the time the order is adopted; and |
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(2) was developed before September 1, 1987. |
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(d) A person who violates an order adopted under this |
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section is liable to the county for a civil penalty of not more than |
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$1,000 for each violation. Each day a violation continues is a |
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separate violation for purposes of assessing the civil penalty. |
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(e) A county may bring suit in a district court to restrain a |
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violation or threatened violation of an order adopted under this |
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section, recover a civil penalty, or both. The county is not |
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required to give bond as a condition to issuing injunctive relief. |
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(f) Except as provided in Subsection (g), a county that is |
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involved in selecting a water or sewer utility system and that |
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adopts an order under Subsection (b) may adopt the order only if the |
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county complies with Chapter 262 in selecting the water or sewer |
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utility system. |
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(g) Section 262.024 does not apply to this section. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1314 was passed by the House on May 4, |
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2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1314 on May 25, 2007, by the following vote: Yeas 138, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1314 was passed by the Senate, with |
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amendments, on May 22, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |