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.