2005 Texas Local Government Code CHAPTER 412. COUNTY WATER SUPPLY

LOCAL GOVERNMENT CODE

CHAPTER 412. COUNTY WATER SUPPLY

SUBCHAPTER A. SALE OF SURPLUS WATER


	§ 412.001. DEFINITION.  In this subchapter, "county 
surplus water" means water that a county has acquired from an 
underground source for the county's water supply and that is not 
needed for county purposes.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 412.002. SALE OF SURPLUS WATER;  USE OF PROCEEDS.  (a) 
The commissioners court of a county may sell and deliver county 
surplus water to:
		(1)  a public corporation of this state;  or                                  
		(2)  a political subdivision of this state, including a 
municipality, water control and improvement district, or fresh 
water supply district.
	(b)  A county shall credit money received from the sale of 
county surplus water to the general fund of the county and may spend 
the money for general county purposes.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 412.003. ESTABLISHMENT OF RATE.  The commissioners 
court may determine the rate at which county surplus water is sold.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 412.004. TERM OF CONTRACT.  A contract to sell county 
surplus water may not exceed a term of 40 years.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 412.005. USE OR RESALE.  A buyer of county surplus water 
may use or resell the water for any lawful purpose.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    

SUBCHAPTER B. WATER SUPPLY AND SEWAGE


	§ 412.011. MATAGORDA COUNTY.  (a) The Commissioners Court 
of Matagorda County may acquire, construct, or operate a water 
supply system or sewage system to serve areas of the county located 
outside the limits of a municipality.
	(b)  The county may enter a management or lease agreement 
with another public or private entity for the operation of a county 
water or sewage system acquired or constructed under this section.
	(c)  The county may apply for and receive grants or other 
assistance from a state or federal governmental entity to implement 
the purposes of this section.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 412.012. CONTRACT FOR WATER SUPPLY AND SEWER SYSTEM IN 
POPULOUS COUNTY.  (a) The commissioners court of a county that has 
a population of more than 1.3 million and in which a municipality 
with a population of more than one million is primarily located may 
enter a contract with a district created under Article III, 
Sections 52(b)(1) and (2), or Article XVI, Section 59, of the Texas 
Constitution under which the district will provide and operate a 
water supply system or sewage system in areas of the county located 
outside the limits of a municipality.
	(b)  The commissioners court may distribute federal funds 
and state water conservation and development funds received by the 
county to a district that is a party to a contract under this 
section.  Those funds may be used only for the construction, 
renovation, or maintenance of a water supply system or sewage 
system that is covered by a contract under this section.
	(c)  The acts performed and services provided under this 
section by a district must be within the scope of the powers, 
duties, and purposes of the district as provided by the laws under 
which the district was created.
	(d)  A contract that affects a municipality's 
extraterritorial jurisdiction as established by Chapter 42 must be 
submitted to and approved by the municipality.
	(e)  If a contract under this section affects an area not 
located within the limits of the contracting district, district 
funds may not be used to fulfill the contract.
	(f)  A county and a district that contract under this section 
must submit the contract to the Texas Natural Resource Conservation 
Commission for approval.  The commission shall examine the contract 
to assure that the interests of the residents of the district are 
served and protected.  A county may not enter a contract that the 
commission determines would jeopardize the quality of service 
provided by a district to the persons residing in the district.  The 
commission may submit suggested changes to the parties for 
inclusion in the contract before the commission gives its approval.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1991, 72nd Leg., ch. 597, § 104, eff. Sept. 1, 1991;  Acts 
1995, 74th Leg., ch. 76, § 11.260, eff. Sept. 1, 1995;  Acts 
2001, 77th Leg., ch. 669, § 109, 110, eff. Sept. 1, 2001.


	§ 412.013. WATER NEEDS OF CERTAIN COUNTIES WITH 
RIVER.  (a) In a county with a river that flows through it or forms 
part of its boundary, the commissioners court of the county may, on 
voter approval, make expenditures from the general fund, or any 
other available county fund, to conduct an investigation and 
assemble information relating to the present and future water needs 
of the county inhabitants and to the feasibility of developing the 
water resources of the river for uses in the county.
	(b)  To obtain the voter approval required by Subsection (a), 
the commissioners court must order an election at which each 
qualified voter of the county is entitled to vote.  The court shall 
determine the maximum cost of the proposed investigation and shall 
order the ballots for the election to be printed to provide for 
voting for or against the proposition:  "Spending county funds for 
the purpose of making a survey of water resources, in an amount not 
to exceed $________ (the maximum amount determined by the court)."
	(c)  If a majority of the ballots cast at the election are in 
favor of the expenditure, the commissioners court may contract for 
professional services and incur other necessary expenses in an 
amount not to exceed the maximum amount fixed for this purpose.  If 
a majority of the ballots cast are opposed to the expenditure, the 
commissioners court may not spend funds for this purpose, and 
another election on the proposition may not be held for two years.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 412.014. ACQUISITION OF PROPERTY FOR WATER SUPPLY OR 
TRANSPORT OF WATER.  (a) The commissioners court of a county may 
acquire by purchase, gift, lease, or any other method, except 
condemnation, any property or an interest in property inside or 
outside the county that the commissioners court finds necessary to 
obtain a surface water supply or to transport and deliver surface 
water.
	(b)  If the property being acquired is located outside the 
county, the commissioners court of the county or counties where the 
property is located shall hold a public hearing and acquisition 
must be approved by the commissioners court at a regular meeting of 
the court.
	(c)  The commissioners court may contract with any political 
subdivision of the state for the management and operation of all or 
part of the property or interests in property and for the beneficial 
use of the surface water.  A contract may be made on terms the 
commissioners court considers appropriate but may not be for a term 
of more than 40 years.

Added by Acts 1989, 71st Leg., ch. 1, § 84(a), eff. Aug. 28, 
1989.       


	§ 412.015. COUNTY WATER AND SEWER UTILITY.  An affected 
county, as defined by Section 16.341, Water Code, may own, operate, 
or maintain a water or sewer utility in the same manner as a 
municipality under Chapter 402.

Added by Acts 1995, 74th Leg., ch. 979, § 5, eff. June 16, 1995.           


	§ 412.016. COUNTY WATER AND SEWER SYSTEM.  (a) A county 
may acquire, own, operate, or contract for the operation of, a water 
or sewer utility system to serve an unincorporated area of the 
county in the same manner and under the same regulations as a 
municipality under Chapter 402.  The county must comply with all 
provisions of Chapter 13, Water Code, that apply to a municipality.  
However, a county with a population of 2.8 million or more and any 
adjoining county may, with the municipality's approval, serve an 
area within a municipality.
	(b)  To finance the water or sewer utility system, a county 
may issue bonds payable solely from the revenue generated by the 
water or sewer utility system.  A bond issued under this section is 
not a debt of the county but is only a charge on the revenues pledged 
and is not considered in determining the ability of the county to 
issue bonds for any other purpose authorized by law.  This 
subsection does not authorize the issuance of general obligation 
bonds payable from ad valorem taxes to finance a water or sewer 
utility system.  However, a county with a population of 2.8 million 
or more and any adjoining county may issue general obligation bonds 
with the approval of qualified voters.
	(c)  A county may acquire any interest in property necessary 
to operate a system authorized by this section through any means 
available to the county, including eminent domain.  A county may not 
use eminent domain under this subsection to acquire property in a 
municipality.  Provided, however, a county with a population of 2.8 
million or more and any adjoining county may, with the 
municipality's approval, use the power of eminent domain under this 
subsection to acquire property within a municipality.

Added by Acts 1999, 76th Leg., ch. 191, § 1, eff. May 24, 1999.