§ 8813.101 — GENERAL POWERS AND DUTIES.

Sec. 8813.101. 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 Fort Bend Subsidence District or Harris-Galveston Subsidence District, as applicable, 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;
(5) provide wholesale and retail water services to any users or customers within the authority's boundaries without being required to execute contracts with those users or customers;
(6) adopt policies establishing whether, when, and the manner in which the authority uses requests for proposals in obtaining services, including professional services;
(7) determine whether to adopt administrative policies in addition to those required by Section 49.199 , Water Code; and
(8) administer and enforce this chapter.
(b) Sections 49.451-49.455, Water Code, do not apply to the authority.
(c) Notwithstanding Subsection (a)(5), the authority may not provide retail water service to a retail user within the authority's boundaries that is located within the boundaries of a district or municipality on the date the authority awards a contract for the construction or executes a contract for the acquisition of water facilities to serve that retail user, unless:
(1) the district or municipality consents in writing to the authority's provision of retail water service; or
(2) the retail user owns or operates a well.
(d) If a retail user that does not own or operate a well is added to the boundaries of a district or municipality after the date the authority awards a contract for the construction or executes a contract for the acquisition of water facilities to serve that retail user, the authority may provide retail service to that retail user without the written consent of the district or municipality.
(e) The authority is not a special water authority for purposes of Chapter 49 , Water Code.

Legislative History

Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798 ), Sec. 1, eff. June 17, 2005. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093 ), Sec. 18.009, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 621 (S.B. 1051 ), Sec. 2, eff. June 16, 2015.