Bill Text: TX HB2914 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the necessity of hearings regarding the dissolution or conversion of certain conservation and reclamation districts.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB2914 Detail]
Download: Texas-2019-HB2914-Enrolled.html
H.B. No. 2914 |
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relating to the necessity of hearings regarding the dissolution or | ||
conversion of certain conservation and reclamation districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter K, Chapter 49, Water Code, is amended | ||
by adding Section 49.3225 to read as follows: | ||
Sec. 49.3225. ORDER WITHOUT HEARING. (a) The commission | ||
may adopt an order under Section 49.324 without conducting a | ||
hearing if it receives a petition under this section from: | ||
(1) the owners of the majority in value of the land in | ||
the district, as shown by the most recent certified tax roll of the | ||
central appraisal district of the county or counties in which the | ||
district is located; or | ||
(2) the board of directors of the district. | ||
(b) Not later than the 10th day after the date a petition is | ||
submitted under Subsection (a), the petitioners shall: | ||
(1) provide notice of the petition by certified mail: | ||
(A) to all the landowners in the district, as | ||
shown by the most recent certified tax roll of the central appraisal | ||
district of the county or counties in which the district is located, | ||
who did not sign the petition; and | ||
(B) if the petition was submitted by persons | ||
described by Subsection (a)(1), to the board of directors; and | ||
(2) certify in writing to the commission that the | ||
requirements of Subdivision (1) have been met. | ||
(c) A notice provided under Subsection (b)(1) must state | ||
that the landowner may file a written objection to the dissolution | ||
of the district not later than the 30th day after the date the | ||
notice was received. | ||
(d) If a landowner files a written objection to the | ||
dissolution of the district with the commission within the period | ||
specified in the notice, the commission shall hold a hearing on the | ||
dissolution of the district. The commission shall mail notice of | ||
the hearing by first class mail to: | ||
(1) the petitioners, and the board of directors if the | ||
board of directors did not submit the petition; and | ||
(2) each landowner who timely filed a written | ||
objection to the dissolution. | ||
(e) A district may not be dissolved under this section or | ||
any other provision of law if the district: | ||
(1) has any outstanding bonded indebtedness unless the | ||
bonded indebtedness is assumed by a third party, or repaid or | ||
defeased in accordance with the order or resolution authorizing the | ||
issuance of the bonds; | ||
(2) has a contractual obligation to pay money unless | ||
the obligation is assumed by a third party, fully paid in accordance | ||
with the contract, or waived by the obligee; or | ||
(3) owns, operates, or maintains public works, | ||
facilities, or improvements, unless the ownership, operation, or | ||
maintenance is assumed by a third party. | ||
SECTION 2. Section 54.030(b), Water Code, is amended to | ||
read as follows: | ||
(b) The governing body of a district which desires to | ||
convert into a district operating under this chapter shall adopt | ||
and enter in the minutes of the governing body a resolution | ||
declaring that in its judgment, conversion into a municipal utility | ||
district operating under this chapter and under Article XVI, | ||
Section 59, of the Texas Constitution, would serve the best | ||
interest of the district and would be a benefit to the land and | ||
property included in the district. The resolution shall also | ||
request that the commission approve [ |
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SECTION 3. Section 54.032, Water Code, is amended to read as | ||
follows: | ||
Sec. 54.032. CONVERSION OF DISTRICT: NOTICE. (a) Notice | ||
of the conversion [ |
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newspaper with general circulation in the county or counties in | ||
which the district is located. | ||
(b) The notice shall be published once a week for two | ||
consecutive weeks [ |
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(c) The notice shall: | ||
(1) [ |
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[ |
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in full; and | ||
(2) [ |
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offer comments [ |
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proposal contained in the resolution. | ||
SECTION 4. Section 54.033(a), Water Code, is amended to | ||
read as follows: | ||
(a) If [ |
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conversion of the district into one operating under this chapter | ||
would serve the best interest of the district and would be a benefit | ||
to the land and property included in the district, it shall enter an | ||
order making this finding and the district shall become a district | ||
operating under this chapter and no confirmation election shall be | ||
required. | ||
SECTION 5. Section 54.031, Water Code, is repealed. | ||
SECTION 6. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2914 was passed by the House on April | ||
25, 2019, by the following vote: Yeas 136, Nays 1, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2914 was passed by the Senate on May | ||
21, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |