Bill Text: TX SB1987 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the notice and procedural requirements for bills proposing the creation of or annexation of land to certain special purpose districts.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-12 - Effective immediately [SB1987 Detail]
Download: Texas-2017-SB1987-Enrolled.html
S.B. No. 1987 |
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relating to the notice and procedural requirements for bills | ||
proposing the creation of or annexation of land to certain special | ||
purpose districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 313.006, Government Code, | ||
is amended to read as follows: | ||
Sec. 313.006. NOTICE FOR LAWS ESTABLISHING OR ADDING | ||
TERRITORY TO MUNICIPAL MANAGEMENT DISTRICTS. | ||
SECTION 2. Section 313.006, Government Code, is amended by | ||
amending Subsections (a), (b), and (d) and adding Subsections (e) | ||
and (f) to read as follows: | ||
(a) In addition to the other requirements of this chapter, a | ||
person, other than a member of the legislature, who intends to apply | ||
for the passage of a law establishing or adding territory to a | ||
special district that incorporates a power from Chapter 375, Local | ||
Government Code, must provide notice as provided by this section. | ||
(b) The person shall notify by mail each person who owns | ||
real property [ |
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to be added to an existing district, according to the most recent | ||
certified tax appraisal roll for the county in which the real | ||
property is owned. The notice, properly addressed with postage | ||
paid, must be deposited with the United States Postal Service not | ||
later than the 30th day before the date on which the intended law is | ||
introduced in the legislature. | ||
(d) The person is not required to mail notice under | ||
Subsection (b) or (e) to a person who owns real property in the | ||
proposed district or in the area proposed to be added to a district | ||
if the property cannot be subject to an assessment by the district. | ||
(e) After the introduction of a law in the legislature | ||
establishing or adding territory to a special district that | ||
incorporates a power from Chapter 375, Local Government Code, the | ||
person shall mail to each person who owns real property proposed to | ||
be included in a new district or to be added to an existing district | ||
a notice that the legislation has been introduced, including the | ||
applicable bill number. The notice, properly addressed with | ||
postage paid, must be deposited with the United States Postal | ||
Service not later than the 30th day after the date on which the | ||
intended law is introduced in the legislature. If the person has | ||
not mailed the notice required under this subsection on the 31st day | ||
after the date on which the intended law is introduced in the | ||
legislature, the person may cure the deficiency by immediately | ||
mailing the notice, but the person shall in no event mail the notice | ||
later than the date on which the intended law is reported out of | ||
committee in the chamber other than the chamber in which the | ||
intended law was introduced. If similar bills are filed in both | ||
chambers of the legislature, a person is only required to provide a | ||
single notice under this subsection not later than the 30th day | ||
after the date the first of the bills is filed. | ||
(f) A landowner may waive any notice required under this | ||
section at any time. | ||
SECTION 3. Section 375.022(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) The petition must be signed by[ |
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the real property in the proposed district, according to the most | ||
recent certified county property tax rolls[ |
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SECTION 4. Section 49.302(b), Water Code, is amended to | ||
read as follows: | ||
(b) A petition requesting the annexation of a defined area | ||
signed by a majority in value of the owners of land in the defined | ||
area, as shown by the tax rolls of the central appraisal district of | ||
the county or counties in which such area is located, [ |
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describe the land by metes and bounds or by lot and block number if | ||
there is a recorded plat of the area and shall be filed with the | ||
secretary of the board. | ||
SECTION 5. Section 54.014, Water Code, is amended to read as | ||
follows: | ||
Sec. 54.014. PETITION. When it is proposed to create a | ||
district, a petition requesting creation shall be filed with the | ||
commission. The petition shall be signed by a majority in value of | ||
the holders of title of the land within the proposed district, as | ||
indicated by the tax rolls of the central appraisal district. [ |
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SECTION 6. Section 54.016(a), Water Code, is amended to | ||
read as follows: | ||
(a) No land within the corporate limits of a city or within | ||
the extraterritorial jurisdiction of a city, shall be included in a | ||
district unless the city grants its written consent, by resolution | ||
or ordinance, to the inclusion of the land within the district in | ||
accordance with Section 42.042, Local Government Code, and this | ||
section. The request to a city for its written consent to the | ||
creation of a district, shall be signed by a majority in value of | ||
the holders of title of the land within the proposed district as | ||
indicated by the county tax rolls [ |
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inclusion of land within a district shall describe the boundaries | ||
of the land to be included in the district by metes and bounds or by | ||
lot and block number, if there is a recorded map or plat and survey | ||
of the area, and state the general nature of the work proposed to be | ||
done, the necessity for the work, and the cost of the project as | ||
then estimated by those filing the petition. If, at the time a | ||
petition is filed with a city for creation of a district, the | ||
district proposes to connect to a city's water or sewer system or | ||
proposes to contract with a regional water and wastewater provider | ||
which has been designated as such by the commission as of the date | ||
such petition is filed, to which the city has made a capital | ||
contribution for the water and wastewater facilities serving the | ||
area, the proposed district shall be designated as a "city service | ||
district." If such proposed district does not meet the criteria for | ||
a city service district at the time the petition seeking creation is | ||
filed, such district shall be designated as a "noncity service | ||
district." The city's consent shall not place any restrictions or | ||
conditions on the creation of a noncity service district as defined | ||
by Chapter 54 of the Texas Water Code other than those expressly | ||
provided in Subsection (e) of this section and shall specifically | ||
not limit the amounts of the district's bonds. A city may not | ||
require annexation as a consent to creation of any district. A city | ||
shall not refuse to approve a district bond issue for any reason | ||
except that the district is not in compliance with valid consent | ||
requirements applicable to the district. If a city grants its | ||
written consent without the concurrence of the applicant to the | ||
creation of a noncity service district containing conditions or | ||
restrictions that the petitioning land owner or owners reasonably | ||
believe exceed the city's powers, such land owner or owners may | ||
petition the commission to create the district and to modify the | ||
conditions and restrictions of the city's consent. The commission | ||
may declare any provision of the consent to be null and void. | ||
SECTION 7. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1987 passed the Senate on | ||
April 11, 2017, by the following vote: Yeas 31, Nays 0; | ||
May 25, 2017, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 26, 2017, House | ||
granted request of the Senate; May 28, 2017, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 30, | ||
Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1987 passed the House, with | ||
amendments, on May 24, 2017, by the following vote: Yeas 146, | ||
Nays 0, two present not voting; May 26, 2017, House granted request | ||
of the Senate for appointment of Conference Committee; | ||
May 28, 2017, House adopted Conference Committee Report by the | ||
following vote: Yeas 147, Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |