CHAPTER 8815. CENTRAL HARRIS COUNTY REGIONAL WATER AUTHORITY
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8815. CENTRAL HARRIS COUNTY REGIONAL WATER AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8815.001. DEFINITIONS. In this chapter:
(1) "Authority" means the Central Harris County Regional Water
Authority.
(2) "Board" means the board of directors of the authority.
(3) "Commission" means the Texas Commission on Environmental
Quality or its successor.
(4) "Director" means a member of the board.
(5) "District" means any district created under Sections
52(b)(1) and (2), Article III, or Section 59, Article XVI, Texas
Constitution, regardless of the manner of creation, other than:
(A) a navigation district or port authority; or
(B) a district governed by Chapter 36, Water Code.
(6) "Groundwater reduction plan" means a plan adopted or
implemented to supply water, reduce reliance on groundwater,
regulate groundwater pumping and usage, or require and allocate
water usage among persons in order to comply with or exceed
requirements imposed by the subsidence district, including any
applicable groundwater reduction requirements.
(7) "Local government" means a municipality, county, district,
or other political subdivision of this state or a combination of
two or more of those entities.
(8) "Member district" means each of the following conservation
and reclamation districts created under Section 59, Article XVI,
Texas Constitution:
(A) Harris County Municipal Utility District No. 33;
(B) Harris County Municipal Utility District No. 150;
(C) Harris County Municipal Utility District No. 200;
(D) Harris County Municipal Utility District No. 205;
(E) Harris County Municipal Utility District No. 215;
(F) Harris County Municipal Utility District No. 217;
(G) Harris County Municipal Utility District No. 304;
(H) Harris County Municipal Utility District No. 399;
(I) Harris County Utility District No. 16;
(J) Fallbrook Utility District; and
(K) Rankin Road West Municipal Utility District.
(9) "Subsidence" means the lowering in elevation of the surface
of land by the withdrawal of groundwater.
(10) "Subsidence district" means the Harris-Galveston Coastal
Subsidence District.
(11) "System" means a network of pipelines, conduits, valves,
canals, pumping stations, force mains, treatment plants, and any
other construction, device, or related appurtenance used to treat
or transport water.
(12) "Water" includes:
(A) groundwater, percolating or otherwise;
(B) any surface water, natural or artificial, navigable or
nonnavigable; and
(C) industrial and municipal wastewater.
(13) "Well" includes a facility or device owned or partially
owned by a member district and used to withdraw groundwater from
a groundwater source inside or outside the boundaries of the
authority for the purpose of supplying water to territory in the
authority.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.002. NATURE OF AUTHORITY. The authority is a regional
water authority in Harris County created under and essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.003. CONFIRMATION ELECTION NOT REQUIRED. An election
to confirm the creation of the authority is not required.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.004. AUTHORITY TERRITORY. (a) The initial territory
of the authority consists of the combined territories of each of
the member districts as of the effective date of the law creating
this chapter, regardless of whether the territory contains
noncontiguous parcels of land or whether the territory is located
within the boundaries of any other governmental entity or
political subdivision of this state.
(b) The authority may annex additional territory under Section
8815.006.
(c) Territory may be excluded from the authority under Section
8815.005.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.005. EXCLUSION OF CERTAIN TERRITORY. (a) On the
mutual agreement of the board and the governing body of a member
district, all of the land within that member district may be
excluded from the authority.
(b) If a member district is excluded from the authority's
boundaries under this section, the authority:
(1) is not required to provide water or any other service to the
district; and
(2) is not required to include the district in any groundwater
reduction plan adopted or implemented by the authority and may
remove the district from any groundwater reduction plan adopted
by the authority that includes the district.
(c) If a member district excluded from the authority's
boundaries under this section petitions the authority to be
annexed under Section 8815.006, the authority may annex the
district. The authority may require, as a condition of
annexation, terms and conditions the board considers appropriate.
The authority may require the district to pay the authority the
fees, user fees, charges, and special assessments, with interest,
that, as determined by the authority, the district would have
been charged by the authority if the district had not been
excluded from the authority under this section.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.006. ANNEXATION. (a) Except to the extent the
authority agrees in writing, a municipality's annexation of
territory within the authority does not affect:
(1) the authority's powers inside or outside the annexed
territory;
(2) the authority's boundaries or contracts; or
(3) the authority's ability to assess fees, user fees, rates,
charges, or special assessments inside or outside the territory
annexed by the municipality.
(b) Territory within the authority annexed by a municipality may
be excluded from the authority under a written agreement between
the authority and the municipality.
(c) Territory may be annexed to the authority, regardless of
whether the territory is contiguous to the authority, as provided
by Chapter 49, Water Code.
(d) In addition to the authority granted by Subsection (c),
regardless of whether the territory is contiguous to the
authority, the authority may annex all of the territory located
within a district if the district files with the authority a
petition requesting the annexation signed by a majority of the
members of the governing body of the district. The petition must
include an accurate legal description of the boundaries of the
district. If the authority has bonds, notes, or other
obligations outstanding, the authority shall require the
petitioning district to be obligated to pay its share of the
principal of and interest on the outstanding bonds, notes, or
other obligations, and related costs. The authority may also
require the petitioning district to pay a portion of the expenses
incurred by the member districts in connection with the
organization, creation, and administration of the authority. The
board may grant the petition and order the district annexed to
the authority if:
(1) it is feasible, practicable, and to the advantage of the
authority; and
(2) the authority's system and other improvements are sufficient
or will be sufficient to supply surface water and groundwater to
the added territory, if required under any groundwater reduction
plan adopted and implemented by the authority, without harming
the territory already included in the authority.
(e) Any territory that a member district annexes after the
effective date of the Act creating this chapter becomes territory
of the authority only on the adoption of an order or resolution
by the board consenting to the inclusion of the additional
territory within the authority. The authority by rule may
require all member districts to send to the authority written
notice of the effective date of an annexation and require the
member districts to send to the authority copies of any necessary
documents describing the annexed land and describing the member
districts' boundaries and actual and projected water usage
requirements as they exist after inclusion of the annexed land.
(f) The annexation to the authority of territory under this
section does not affect the validity of the authority's bonds
issued before or after the annexation.
(g) A municipality that annexes territory of the authority for
limited purposes under Subchapter F, Chapter 43, Local Government
Code, does not have the right to:
(1) receive notices from the authority under Section
8815.103(c);
(2) participate in the appointment of directors under Subchapter
B; or
(3) receive information about or have the opportunity to fund
its share of capital costs in the manner provided by the
authority under Section 8815.104.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.007. APPLICABILITY OF OTHER LAW. (a) Except as
otherwise provided by this chapter, Chapter 49, Water Code,
applies to the authority.
(b) This chapter does not prevail over or preempt a provision of
Chapter 36, Water Code, or Chapter 8801 of this code that is
being implemented by the subsidence district.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8815.022
Sec. 8815.021. INITIAL DIRECTORS. (a) The initial board
consists of:
Name of Director:
Representing Director Precinct:
Margaret Cox
1
Judge Caston
2
Barbara Hays
3
Julian Boddy
At large
James A. Johnson
At large
(b) At the first meeting of the initial board, or as soon as
practicable after that meeting, the directors shall draw lots to
determine:
(1) their terms so that:
(A) three directors, including one at-large position, serve
until the first appointment of directors under Section 8815.055
in 2006; and
(B) two directors, including one at-large position, serve until
the second appointment of directors under Section 8815.055 in
2008; and
(2) which two director precincts appoint a director in the first
even-numbered year in which directors are appointed under Section
8815.055.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.022. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8815.051. DIRECTORS; TERMS. (a) The authority is governed
by a board of five directors.
(b) The directors serve staggered four-year terms that expire
May 15 of even-numbered years.
(c) Each director must qualify to serve as director in the
manner provided by Section 49.055, Water Code.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.052. ELIGIBILITY TO SERVE AS DIRECTOR. (a) To be
eligible to serve as a director or to be listed on a ballot as a
candidate for director, an individual must:
(1) be at least 18 years of age;
(2) be a resident of this state;
(3) own land in or be a qualified voter in the authority; and
(4) have served as a director of one or more districts for a
total of at least two years.
(b) To be eligible to serve as a director representing a
director precinct or to be listed on a ballot as a candidate for
director representing a director precinct under Section 8815.055,
in addition to satisfying the requirements under Subsection (a),
an individual must own land or be a qualified voter within the
director precinct.
(c) A director serves until the director's successor has
qualified.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.053. DISQUALIFICATION OF DIRECTORS. The common law
doctrine of incompatibility does not disqualify an official or
employee of a public entity from serving as a director.
Notwithstanding any other law, a director may participate in all
votes and decisions pertaining to the business of the authority
except that a director who is also an officer or employee of a
public entity may not participate in the discussion of or vote on
a matter regarding a contract with that public entity.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.054. SINGLE-MEMBER DIRECTOR PRECINCTS. (a) The
authority is divided into three single-member director precincts
as follows:
(1) Director Precinct No. 1 includes the territory that is
contained in the following member districts: Harris County
Municipal Utility District No. 33, Fallbrook Utility District,
Rankin Road West Municipal Utility District, and Harris County
Municipal Utility District No. 215.
(2) Director Precinct No. 2 includes the territory that is
contained in the following member districts: Harris County
Municipal Utility District No. 150, Harris County Municipal
Utility District No. 217, and Harris County Municipal Utility
District No. 304.
(3) Director Precinct No. 3 includes the territory that is
contained in the following member districts: Harris County
Municipal Utility District No. 200, Harris County Municipal
Utility District No. 205, Harris County Municipal Utility
District No. 399, and Harris County Utility District No. 16.
(b) The board may redraw the single-member director precincts in
a manner that is reasonable and equitable:
(1) after any change in the boundaries of the authority; or
(2) by a resolution redrawing the director precincts adopted by
a majority of the board based on changed circumstances.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.055. METHOD OF APPOINTMENT OF DIRECTORS. (a) One
director is appointed from each of the three director precincts
and two directors are appointed at large. Two directors from
director precincts and one director at large shall be appointed
in the first even-numbered year after the authority is created,
and one director from a director precinct and one director at
large shall be appointed in the next even-numbered year after the
authority is created. Each subsequent even-numbered year, the
appropriate number of directors shall be appointed.
(b) In the appropriate even-numbered year, the governing bodies
of the member districts located within a director precinct
jointly shall appoint one director to represent the precinct by a
vote conducted as provided by this section. Each even-numbered
year, the governing bodies of each member district shall appoint
one director for an at-large position by a vote conducted as
provided by this section.
(c) If a member district is located within two or more director
precincts, the member district is considered, for purposes of
this subchapter, to be located only within the director precinct
in which the greatest amount of territory of the member district
is located.
(d) For the appointment of a director for a director precinct,
the board shall determine the number of votes each member
district may cast. The number of votes for a governing body of a
member district within the precinct is equal to the number
computed by dividing the total number of units of water, as
determined by the board, used within the member district during
the calendar year preceding the year in which the director is
selected by the total number of units of water used by all member
districts in the precinct, multiplying that quotient by 100, and
rounding that result to the nearest one-tenth. The board shall
provide the presiding officer of each governing body of a member
district within each director precinct written notice of the
number of votes computed for that governing body to cast.
(e) For the appointment of a director for an at-large position,
the board shall determine the number of votes each member
district may cast. The number of votes for a governing body of a
member district is equal to the number computed by dividing the
total number of units of water, as determined by the board, used
within the member district during the calendar year preceding the
year in which the director is selected by the total number of
units of water used by all member districts in the authority,
multiplying that quotient by 100, and rounding that result to the
nearest one-tenth. The board shall provide the presiding officer
of each governing body of a member district written notice of the
number of votes computed for that governing body to cast.
(f) For purposes of Subsections (d) and (e), the board shall
determine the amount of water usage of all member districts
within each director precinct.
(g) In the appropriate even-numbered year, the governing body of
each member district in a director precinct by resolution may
nominate one candidate for the position of director for that
director precinct. Each member district shall submit the name of
its candidate, if any, to the presiding officer of the authority
by February 15 of that year. If by February 15 of that year only
one candidate's name is submitted for the position of director
for a director precinct, the board may declare the unopposed
candidate elected and may cancel the director appointment
procedures generally required by this section for that position.
If more than one candidate's name is submitted for the position
of director for a director precinct, before March 15 of that
year, the board shall prepare, for the director precinct or
precincts from which a director is being appointed, a ballot
listing all of the candidates for that director precinct and
shall provide a copy of the appropriate ballot to the presiding
officer of the governing body of each member district located
within the director precinct or precincts from which a director
is being appointed.
(h) The governing body of each member district in the authority
by resolution may nominate one candidate for the at-large
director position. Each member district shall submit the name of
its candidate, if any, to the presiding officer of the authority
by February 15 of each even-numbered year. If by February 15 of
that year only one candidate's name is submitted for the at-large
director position, the board may declare the unopposed candidate
elected and may cancel the director appointment procedures
generally required by this section for that position. If more
than one candidate's name is submitted for the at-large director
position, before March 15 of that year, the board shall prepare a
ballot listing all of the candidates for the at-large director
position and shall provide a copy of the ballot to the presiding
officer of the governing body of each member district.
(i) An individual may not be listed as a candidate on the ballot
for more than one director position. If a candidate is nominated
for more than one director position, the candidate must choose to
be on the ballot for only one director position.
(j) The governing body of each member district shall determine
its votes for director by resolution and submit them to the
presiding officer of the authority before May 1 of each
even-numbered year. In casting its votes for director, the
governing body of each member district may vote for only one
candidate on the ballot for the director precinct in which the
member district is located and for one candidate on the at-large
position ballot. For each director precinct from which a
director is being appointed, the board shall count the votes,
declare elected the candidate who received the greatest number of
votes from member districts located within that director
precinct, and submit the results before May 15 of that year to
the governing body of each member district within that director
precinct. For the at-large position, the board shall count the
votes, declare elected the candidate who received the greatest
number of votes, and submit the results before May 15 of that
year to the governing body of each member district.
(k) The board may adopt rules regarding:
(1) the manner and timing of determinations and computations
required by this section;
(2) the reporting of water usage to the authority by member
districts; and
(3) the conduct and process of the appointment of directors.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.056. VACANCY IN OFFICE OF DIRECTOR. A vacancy in the
office of director for a director precinct shall be filled by
appointment by the governing bodies of the member districts that
are located within the director precinct for which the vacancy
occurred. A vacancy in the office of director for an at-large
position shall be filled by appointment by the governing bodies
of all of the member districts. The appointment process shall
follow the procedures of Section 8815.055. The board may
establish dates different from those specified by Sections
8815.055(g) and (h), but the date for the board's submission of
the voting results to each member district may not be later than
the 120th day after the date the vacancy occurs.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.057. MEETINGS AND ACTIONS OF BOARD. (a) The board
may meet as many times each year as the board considers
appropriate.
(b) Directors are public officials and are entitled to
governmental immunity for their actions in their capacity as
directors and officers of the authority.
(c) Directors may receive fees of office and reimbursement of
expenses as provided by Section 49.060, Water Code.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.058. GENERAL MANAGER. (a) The board may employ a
general manager of the authority or contract with a person to
perform the duties of a general manager. The board may delegate
to the general manager full authority to manage and operate the
affairs of the authority subject only to orders of the board.
(b) The board may delegate to the general manager the authority
to employ all persons necessary for the proper handling of the
business and operation of the authority and to determine the
compensation to be paid to all employees, other than the general
manager.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8815.101. GENERAL POWERS AND DUTIES. (a) The authority
may:
(1) provide for the conservation, preservation, protection,
recharge, and prevention of waste of groundwater, and for the
reduction of groundwater withdrawals as necessary to develop,
implement, or enforce a groundwater reduction plan, in a manner
consistent with the purposes of Section 59, Article XVI, Texas
Constitution, and facilitate compliance with subsidence district
rules, orders, regulations, or requirements;
(2) acquire or develop surface water and groundwater supplies
from sources inside or outside the boundaries of the authority,
conserve, store, transport, treat, purify, distribute, sell, and
deliver water to or among persons inside and outside the
boundaries of the authority, and allocate water among persons
participating in the authority's groundwater reduction plan
whether they are located inside or outside the authority's
boundaries;
(3) enter into contracts with persons inside or outside the
authority on terms and conditions the board considers desirable,
fair, and advantageous for the performance of its rights, powers,
and authority under this chapter;
(4) coordinate water services provided inside, outside, or into
the authority; and
(5) administer and enforce this chapter.
(b) Sections 49.451-49.455, Water Code, do not apply to the
authority.
(c) The authority has all the rights, powers, privileges,
authority, functions, and duties necessary and convenient to
accomplish the purposes of this chapter.
(d) The authority's rights, powers, privileges, authority,
functions, and duties are subject to the continuing right of
supervision of the state, to be exercised by and through the
commission.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.102. AUTHORITY RULES. The authority may adopt and
enforce rules reasonably required to implement this chapter,
including rules governing procedures before the board and rules
regarding implementation, enforcement, and any other matters
related to the authority's water supply or groundwater reduction
plan.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.103. FEES, USER FEES, RATES, AND CHARGES. (a) The
authority may establish fees, user fees, rates, and charges and
classifications of payers of fees and rates as necessary to
enable the authority to fulfill the authority's purposes and
regulatory functions provided by this chapter. The authority may
impose fees, user fees, rates, and charges on any person within
the authority.
(b) The authority may charge the owner of a well located within
the authority's boundaries a fee or user fee according to the
amount of water pumped from the well.
(c) The board shall make reasonable efforts to send member
districts written notice of the date, time, and location of the
meeting at which the board intends to adopt a proposed charge
under Subsection (b) and the amount of the proposed charge. The
board's failure to comply with this subsection does not
invalidate a charge adopted by the board under Subsection (b).
(d) The board shall exempt from the charge under Subsection (b)
classes of wells that are not subject to any groundwater
reduction requirement imposed by the subsidence district. If any
of those classes of wells become subject to a groundwater
reduction requirement imposed by the subsidence district, the
authority may impose the charge under Subsection (b) on those
classes. The board by rule may exempt any other classes of wells
from the charge under Subsection (b). The board may not apply
the charge under Subsection (b) to a well:
(1) with a casing diameter of less than five inches that serves
only a single-family dwelling; or
(2) regulated under Chapter 27, Water Code.
(e) The authority may establish fees, user fees, rates, and
charges that are sufficient to:
(1) achieve water conservation;
(2) prevent waste of water;
(3) serve as a disincentive to pumping groundwater;
(4) develop, implement, or enforce a groundwater reduction plan;
(5) accomplish the purposes of this chapter, including making
available alternative water supplies;
(6) enable the authority to meet operation and maintenance
expenses;
(7) pay the principal of and interest on notes, bonds, and other
obligations issued in connection with the exercise of the
authority's general powers and duties; and
(8) satisfy all rate covenants relating to the issuance of
notes, bonds, and other obligations.
(f) The authority may charge rates established by the authority
for water purchased from the authority.
(g) The authority may impose fees, user fees, or charges for the
importation of water into the authority's boundaries from a
source located outside the authority's boundaries.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.104. PURCHASE OF WATER FROM ANOTHER ENTITY. (a) If
the authority purchases water from another entity for resale to
local governments, the authority shall use its best efforts in
negotiating with the entity to determine the amount of capital
costs included in any rates or charges paid by the authority.
The authority shall determine the amount of expected capital
costs of its own system.
(b) The authority shall provide each member district information
regarding the share of the capital costs to be paid by the member
district, as determined by the authority, and shall provide each
member district the opportunity, in a manner and by a procedure
determined by the authority, to fund its share of the capital
costs with proceeds from the sale of bonds or fees and charges
collected by the member districts. A member district may use any
lawful source of revenue, including bond funds, to pay any sums
due to the authority.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.105. ASSESSMENTS. (a) The board may undertake
improvement projects and services that confer a special benefit
on all or a definable part of the authority. The board may
impose special assessments on property in that area, including
property of a local government, based on the benefit conferred by
the improvement project or services, to pay all or part of the
cost of the project and services. The board may provide
improvements and services to an area outside the boundaries of
the authority if the board determines that there is a benefit to
the authority. The authority may finance with special
assessments any improvement project or service authorized by this
chapter or any other applicable law.
(b) Services or improvement projects may be financed with
special assessments under this chapter only after the board holds
a public hearing on the advisability of the improvements and
services and the proposed assessments.
(c) The board shall publish notice of the hearing in a newspaper
or newspapers with general circulation in Harris County. The
publication must be made not later than the 30th day before the
date of the hearing.
(d) Notice provided under this section must include:
(1) the time and place of the hearing;
(2) the general nature of the proposed improvement project or
services;
(3) the estimated cost of the improvement, including interest
during construction and associated financing costs; and
(4) the proposed method of assessment.
(e) Written notice containing the information required by
Subsection (d) shall be mailed by certified mail, return receipt
requested, not later than the 30th day before the date of the
hearing. The notice shall be mailed to each member district.
The subsidence district shall provide to the authority a list of
the member districts that hold a well permit issued by the
subsidence district.
(f) The board may establish rules regarding procedures for a
hearing. A hearing on the services or improvement project,
whether conducted by the board or a hearings examiner, may be
adjourned from time to time. At the conclusion of a hearing
conducted by the board, the board shall make written findings and
conclusions relating to the advisability of the improvement
project or services, the nature of the improvement project or
services, the estimated cost, and the area benefited. If the
board appoints a hearings examiner to conduct the hearing, after
conclusion of the hearing, the hearings examiner shall file with
the board a written report of the examiner's findings and
conclusions.
(g) At a hearing on proposed assessments, on adjournment of the
hearing, or after consideration of the hearings examiner's
report, the board shall hear and rule on all objections to each
proposed assessment. The board may amend proposed assessments
for any property. After the board hears and takes action on
those objections, the board, by order:
(1) shall impose the assessments as special assessments on the
property;
(2) shall specify the method of payment of the assessments; and
(3) may provide that those assessments, including interest, be
paid in periodic installments.
(h) Periodic installments must be in amounts sufficient to meet
annual costs for services and improvements as provided by
Subsection (j) and continue for the number of years required to
retire the indebtedness or pay for the services to be rendered.
The board may provide interest charges or penalties for failure
to make timely payment and may impose an amount to cover
delinquencies and expenses of collection.
(i) If assessments are imposed for more than one service or
improvement project, the board may provide that assessments
collected for one service or improvement project may be borrowed
to be used for another service or improvement project. The board
shall establish a procedure for the distribution or use of any
assessments in excess of those necessary to finance the services
or improvement project for which those assessments were
collected.
(j) The board shall apportion the cost of an improvement project
or services to be assessed against the property in the authority
according to the special benefits that accrue to the property
because of the improvement project or services. The board may
assess the cost only according to the number of gallons of
groundwater pumped from wells within the authority that are
subject to a groundwater reduction requirement imposed by the
subsidence district. The board may not assess the cost according
to groundwater pumped from:
(1) a well with a casing diameter of less than five inches that
serves only a single-family dwelling; or
(2) a well that is regulated by Chapter 27, Water Code.
(k) The area of the authority to be assessed according to the
findings of the board may be the entire authority or any part of
the authority and may be less than the area proposed in the
notice of the hearing.
(l) The area to be assessed may not include property that is not
within the authority boundaries at the time of the hearing unless
there is an additional hearing, following the required notice.
(m) Notwithstanding Subsection (l), the owner of land annexed to
the authority after the authority has imposed assessments may
waive the right to notice and an assessment hearing and may agree
to the imposition and payment of assessments at an agreed rate
for land annexed to the authority. A member district may waive
the right to notice and an assessment hearing for land within its
boundaries annexed to the authority and may agree to the
imposition and payment of assessments at an agreed rate for the
annexed land.
(n) The board shall have prepared an assessment roll showing the
assessments against each property and the board's basis for the
assessment. The assessment roll shall be:
(1) filed with the secretary of the board or other officer who
performs the function of secretary; and
(2) open for public inspection.
(o) After notice and hearing in the manner required for an
original assessment, the board may make supplemental assessments
to correct omissions or mistakes in the assessment:
(1) relating to the total cost of the improvement project or
services; or
(2) covering delinquencies or costs of collection.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.106. INTEREST AND PENALTIES. The board may require
the payment of interest on any late or unpaid fees, user fees,
rates, charges, and special assessments due the authority, but
the interest rate may not exceed the interest rate permitted by
Section 2251.025, Government Code. The board may also impose
penalties for the failure to make a complete or timely payment to
the authority. In addition, the board may exclude a member
district or other person, or any territory or well owned or
controlled by a member district or other person, from the
authority's groundwater reduction plan for failure to make a
complete or timely payment to the authority.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.107. ADMINISTRATIVE PENALTY; INJUNCTION. (a) A
person who violates a rule or order of the authority is subject
to an administrative penalty of not more than $5,000, as
determined by the board, for each violation or each day of a
continuing violation. The person shall pay the penalty to the
authority.
(b) The authority may bring an action to recover the penalty in
a district court in the county where the violation occurred.
(c) The authority may bring an action for injunctive relief in a
district court in the county where a violation of an authority
rule or order occurs or is threatened to occur. The court may
grant to the authority, without bond or other undertaking, a
prohibitory or mandatory injunction that the facts warrant,
including a temporary restraining order, temporary injunction, or
permanent injunction.
(d) The authority may bring an action for an administrative
penalty and injunctive relief in the same proceeding.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.108. WATER SUPPLY OR DROUGHT CONTINGENCY PLANS. The
authority by rule may develop, prepare, revise, adopt, implement,
enforce, and manage comprehensive water supply or drought
contingency plans for the authority, or any portion of the
authority.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.109. GROUNDWATER REDUCTION PLAN. (a) Notwithstanding
any other law, regardless of whether the authority enters into
contracts with local governments located within its boundaries,
and regardless of whether the authority holds any well permit
issued by the subsidence district under Chapter 8801, the
authority by rule may wholly or partly develop, prepare, revise,
adopt, implement, enforce, manage, or participate in a
groundwater reduction plan that is applicable only to the
authority or a groundwater reduction plan that is applicable to
the authority and one or more persons outside the authority. The
authority may require that any groundwater reduction plan that
the authority wholly or partly develops, prepares, revises,
adopts, implements, enforces, or manages or in which the
authority participates be the exclusive groundwater reduction
plan that is binding and mandatory on some or all of the
territory, member districts or other persons, or wells located
within the authority. A groundwater reduction plan may:
(1) specify the measures to be taken to reduce groundwater
withdrawals;
(2) identify alternative sources of water to be provided to
those affected;
(3) identify the rates, terms, and conditions under which
alternative sources of water will be provided, which may be
changed from time to time as considered necessary by the
authority;
(4) specify the dates and extent to which member districts or
other persons within the authority's boundaries shall reduce or
cease reliance on groundwater and accept water from alternative
sources;
(5) include other terms and measures that are consistent with
the powers and duties of the authority;
(6) exceed the minimum requirements imposed by the subsidence
district, including any applicable groundwater reduction
requirements; and
(7) be amended from time to time at the discretion of the
authority.
(b) Fees, user fees, rates, charges, and special assessments of
the authority may be imposed under this chapter for a person's
participation in and benefit derived from the authority's
groundwater reduction plan or a groundwater reduction plan in
which the authority participates.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.110. ACQUISITION, CONSTRUCTION, AND OPERATION OF
SYSTEMS. (a) The authority may:
(1) acquire by purchase, gift, lease, contract, or any other
legal means a water treatment or supply system, or any other
works, plants, improvements, or facilities necessary or
convenient to accomplish the purposes of the authority, or any
interest of the authority, inside or outside the authority's
boundaries;
(2) design, finance, operate, maintain, or construct a water
treatment or supply system or any other works, plants,
improvements, or facilities necessary or convenient to accomplish
the purposes of the authority and provide water services inside
or outside the authority's boundaries;
(3) lease or sell a water treatment or supply system or any
other works, plants, improvements, or facilities necessary or
convenient to accomplish the purposes of the authority that the
authority constructs or acquires inside or outside the
authority's boundaries;
(4) contract with any person to operate or maintain a water
treatment or supply system the person owns; or
(5) acquire water rights under any law or permit.
(b) Except as otherwise provided by this chapter, the provisions
of Chapter 49, Water Code, pertaining to competitive bidding
apply to the authority.
(c) The authority may contract, according to terms and
conditions the board considers desirable, fair, and advantageous,
with a person outside the authority's boundaries:
(1) to allow the person to be included in a groundwater
reduction plan adopted or implemented wholly or partly by the
authority or in a groundwater reduction plan in which the
authority participates;
(2) to sell water to the person; or
(3) to sell the person available excess capacity or additional
capacity of the authority's water treatment or supply system.
(d) The authority by rule may require that the plans and
specifications of water lines to be constructed within the
authority that are designed or intended to serve more than one
member district or more than one person owning or holding a well
permit issued by the subsidence district be approved by the
authority before the commencement of construction of the water
lines.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.111. SALE OR REUSE OF WATER OR BY-PRODUCT. The
authority may store, sell, or reuse:
(1) water; or
(2) any by-product from the authority's operations.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.112. CONTRACTS. (a) The authority may enter into a
contract with a person for the performance of a purpose or
function of the authority, including a contract to design,
construct, finance, lease, own, manage, operate, or maintain
works, improvements, facilities, plants, equipment, or appliances
necessary to accomplish a purpose or function of the authority.
A contract may be of unlimited duration.
(b) The authority may purchase, acquire, finance, or lease an
interest in a project used for a purpose or function of the
authority.
(c) The authority may contract for:
(1) the purchase, sale, or lease of water or water rights;
(2) the performance of activities within the powers of the
authority through the purchase, construction, or installation of
works, improvements, facilities, plants, equipment, or
appliances; or
(3) the design, construction, ownership, management,
maintenance, or operation of any works, improvements, facilities,
plants, equipment, or appliances of the authority or another
person.
(d) The authority may purchase surplus property from this state,
the United States, or another public entity through a negotiated
contract without bids.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.113. COOPERATION WITH AND ASSISTANCE OF OTHER
GOVERNMENTAL ENTITIES. (a) In implementing this chapter, the
board may cooperate with and request the assistance of the Texas
Water Development Board, the commission, the United States
Geological Survey, the subsidence district, other local
governments, and other agencies of the United States and this
state.
(b) The subsidence district may enter into an interlocal
contract with the authority to carry out the authority's purposes
and may carry out the governmental functions and services
specified in the interlocal contract.
(c) The board shall endeavor to coordinate with the City of
Houston to develop a plan for a system to distribute surface
water in an economical and efficient manner to the authority.
(d) In an attempt to minimize costs associated with preparing a
groundwater reduction plan, the board shall consider the
usefulness of water supply studies and plans prepared by or on
behalf of the North Harris County Regional Water Authority, the
West Harris County Regional Water Authority, the City of Houston,
or other governmental entities to the extent those studies or
plans are available and applicable to the authority.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.114. GIFTS AND GRANTS. The authority may accept a
gift or grant from money collected by the subsidence district
under Chapter 8801 to fund the construction, maintenance, or
operation of a water treatment or supply system.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.115. EXPENDITURES. (a) The authority's money may be
disbursed only by check, draft, order, federal reserve wire
system, or other instrument or authorization.
(b) Disbursements of the authority must be signed by at least a
majority of the directors. Notwithstanding any other law, the
board by resolution may allow the general manager, treasurer,
bookkeeper, or other employee of the authority to sign
disbursements, except as limited by Subsection (c).
(c) The board by resolution may allow disbursements to be
transferred by federal reserve wire system to accounts in the
name of the authority without the necessity of any directors
signing the disbursement. Disbursements of the authority's money
by federal reserve wire system to any accounts not in the name of
the authority must be signed by at least a majority of the
directors.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.116. AD VALOREM TAXATION. The authority may not
impose an ad valorem tax.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.117. EMINENT DOMAIN. (a) The authority may acquire
by condemnation any land, easements, or other property inside the
authority's boundaries to further authorized purposes, powers, or
duties of the authority. The authority may acquire by
condemnation any land, easements, or other property outside the
authority's boundaries for the purpose of pumping, storing,
treating, or transporting water. When exercising the power of
eminent domain granted by this section, the authority may elect
to condemn either the fee simple title or a lesser property
interest.
(b) The authority shall exercise the right of eminent domain in
the manner provided by Chapter 21, Property Code. The authority
is not required to give bond for appeal or bond for costs in a
condemnation suit or other suit to which it is a party. The
authority is not required to deposit more than the amount of an
award in a suit.
(c) The authority may not use the power of eminent domain for
the condemnation of land for the purpose of acquiring rights to
groundwater or for the purpose of acquiring water or water
rights.
(d) The authority may not use the power of eminent domain for
the condemnation of property that is:
(1) owned by the City of Houston or any instrumentality of the
City of Houston, including a local government corporation created
under Chapter 431, Transportation Code, to aid or act on behalf
of the City of Houston; or
(2) located within the municipal limits of the City of Houston.
(e) Notwithstanding Subsection (d)(2), and as limited by
Subsection (a), the authority may use the power of eminent domain
to acquire property that is not owned by the City of Houston that
is within the municipal limits of the City of Houston if:
(1) the property is located in an area of the municipality that
is less than 1,000 feet wide at its narrowest point; or
(2) the municipality grants permission for the condemnation.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
Sec. 8815.118. CONSENT REQUIRED FOR SERVICE OUTSIDE OF
AUTHORITY. (a) Notwithstanding any contrary provision of this
subchapter, the authority must obtain the consent of the City of
Houston before providing water service to any person or territory
outside the boundaries of the authority.
(b) Subsection (a) does not apply to a person or territory that
receives water service or has contracted to receive water service
from a member district on the effective date of the Act creating
this chapter.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.
SUBCHAPTER D. BONDS AND NOTES
Sec. 8815.151. REVENUE BONDS AND NOTES. (a) The authority may
issue bonds or notes payable solely from revenue from any source,
including:
(1) tolls, charges, rates, fees, user fees, and special
assessments the authority imposes or collects;
(2) the sale of water, water services, water rights or capacity,
water transmission rights or services, water pumping, or any
other service or product of the authority provided inside or
outside the boundaries of the authority;
(3) grants or gifts;
(4) the ownership or operation of all or a designated part of
the authority's works, improvements, facilities, plants, or
equipment; and
(5) contracts between the authority and any person.
(b) Notes issued by the authority may be first or subordinate
lien notes at the board's discretion.
(c) In connection with any bonds or notes of the authority, the
authority may exercise any power of an issuer under Chapter 1371,
Government Code.
(d) The authority may conduct a public, private, or negotiated
sale of the bonds or notes.
(e) The authority may enter into one or more indentures of trust
to further secure its bonds or notes.
(f) The authority may issue bonds or notes in more than one
series as necessary to carry out the purposes of this chapter.
In issuing bonds or notes secured by revenue of the authority,
the authority may reserve the right to issue additional bonds or
notes secured by the authority's revenue that are on a parity
with or are senior or subordinate to the bonds or notes issued
earlier.
(g) A resolution of the board authorizing the bonds or notes or
a trust indenture securing the bonds or notes may specify
additional provisions that constitute a contract between the
authority and its bondholders or noteholders.
(h) Bonds and notes may be additionally secured by deed of trust
or mortgage on any or all of the authority's facilities.
(i) Sections 49.153, 49.154, and 49.181, Water Code, do not
apply to bonds or notes issued by the authority. Commission
rules regarding bonds or notes do not apply to bonds or notes
issued by the authority.
Added by Acts 2005, 79th Leg., Ch.
656, Sec. 1, eff. June 17, 2005.