HBA-RBT H.B. 693 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 693 By: Denny Land & Resource Management 2/24/1999 Introduced BACKGROUND AND PURPOSE The Upper Trinity Regional Water District (district) was created by the Legislature in 1989. The district during the nine years that have elapsed since its creation has carried out its constitutional and legislative mandates to provide wholesale water and wastewater service to its area, which consists of all of Denton County, all of the area outside of Denton County within the boundaries of any of its member entities, and the city of Irving, in a conscientious and effective manner. Current law requires the district to obtain advance written approval from any municipality in which it needs to use its power of eminent domain to obtain property that is necessary and required for an approved water or wastewater project. The district has not had to forestall any project thus far. The district is very similar to a river authority, which is not required to obtain written authorization from a city as a condition precedent to the exercise of eminent domain. All projects are carefully reviewed and scrutinized by the district's staff, the district's board, and in some instances the Texas Water Development Board before proceeding. H.B. 693 sets out the manner in which the district may exercise its power of eminent domain. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 21(c), Chapter 1053, Acts of the 71st Legislature, Regular Session, 1989, to no longer prohibit the Upper Trinity Regional Water District (district) from exercising the power of eminent domain to acquire property located in a municipality located in whole or in part in the county without the prior consent by resolution of the governing body of the municipality in whose jurisdiction the subject property is located. Redesignates Subdivisions (2)-(4) to Subdivisions (1)-(3), respectively. SECTION 2. Amends Chapter 1053, Acts of the 71st Legislature, Regular Session, 1989, by adding Section 21A, as follows: Sec. 21A. SPECIAL PROVISIONS REGARDING EMINENT DOMAIN. (a) Prohibits the district from acquiring property in a municipality any part of which is located in the county for a use other than for a pipeline or appurtenance unless the municipality's governing body by resolution gives its consent before the exercise of that power. (b) Provides that the district must give written notice to the municipality that the district intends to exercise the power of eminent domain before the district acts to acquire property located in a municipality that has a member on the board of directors of the district (board) for use for a pipeline or appurtenance. Sets forth the manner of mailing the notice and the contents the notice must have. Authorizes the municipality to review and comment on the project for which the property is proposed to be acquired, its location, and its compatibility with local municipal facilities. Prohibits the district from exercising eminent domain if the district is notified within 61 days that the municipality will not allow the project without its written consent. Authorizes the district to acquire the property if the municipality does not respond within 61 days. Provides that if the municipality gives its written consent the district can exercise eminent domain at any time. SECTION 3. Provides that all resolutions, orders, and other acts or attempted acts of the board relating to any election, contract, or issuance of bonds or other obligations and the expenditure of funds in payment of the bonds and all other governmental and proprietary actions by the board are validated in all respects as though they originally had been legally authorized or accomplished. SECTION 4. Provides that SECTION 3 does not apply to litigation pending on the effective date of this Act if the district is a party. SECTION 5. (a) States that the proper and 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 by the constitution and other laws of this state, including the governor, who has submitted the notice and Act to the Texas Natural Resource Conservation Commission (commission). (b) States that the commission has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time. (c) States that 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 6. Emergency clause. Effective date: upon passage.