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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a water and sewer utility to acquire |
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property by eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 13, Water Code, is amended |
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by adding Section 13.258 to read as follows: |
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Sec. 13.258. EMINENT DOMAIN. (a) A water and sewer |
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utility that is operating in accordance with its certificate of |
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convenience and necessity may acquire by condemnation only |
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easements or lesser property interests reasonably necessary to |
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comply with federal and state regulations relating to sanitation. |
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(b) The water and sewer utility shall exercise the power of |
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eminent domain in the manner provided by Chapter 21, Property Code. |
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(c) The water and sewer utility may not exercise the power |
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of eminent domain to condemn land to acquire rights to underground |
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water or for water or water rights. |
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(d) A water and sewer utility may not exercise the power of |
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eminent domain in a municipality with a population of more than 1.7 |
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million or in the municipality's extraterritorial jurisdiction to |
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condemn land in which the municipality owns a fee, easement, or |
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lesser property interest. |
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SECTION 2. 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. |