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AN ACT
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relating to the necessity of hearings regarding the dissolution or |
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conversion of certain conservation and reclamation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter K, Chapter 49, Water Code, is amended |
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by adding Section 49.3225 to read as follows: |
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Sec. 49.3225. ORDER WITHOUT HEARING. (a) The commission |
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may adopt an order under Section 49.324 without conducting a |
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hearing if it receives a petition under this section from: |
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(1) the owners of the majority in value of the land in |
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the district, as shown by the most recent certified tax roll of the |
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central appraisal district of the county or counties in which the |
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district is located; or |
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(2) the board of directors of the district. |
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(b) Not later than the 10th day after the date a petition is |
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submitted under Subsection (a), the petitioners shall: |
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(1) provide notice of the petition by certified mail: |
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(A) to all the landowners in the district, as |
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shown by the most recent certified tax roll of the central appraisal |
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district of the county or counties in which the district is located, |
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who did not sign the petition; and |
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(B) if the petition was submitted by persons |
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described by Subsection (a)(1), to the board of directors; and |
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(2) certify in writing to the commission that the |
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requirements of Subdivision (1) have been met. |
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(c) A notice provided under Subsection (b)(1) must state |
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that the landowner may file a written objection to the dissolution |
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of the district not later than the 30th day after the date the |
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notice was received. |
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(d) If a landowner files a written objection to the |
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dissolution of the district with the commission within the period |
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specified in the notice, the commission shall hold a hearing on the |
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dissolution of the district. The commission shall mail notice of |
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the hearing by first class mail to: |
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(1) the petitioners, and the board of directors if the |
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board of directors did not submit the petition; and |
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(2) each landowner who timely filed a written |
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objection to the dissolution. |
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(e) A district may not be dissolved under this section or |
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any other provision of law if the district: |
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(1) has any outstanding bonded indebtedness unless the |
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bonded indebtedness is assumed by a third party, or repaid or |
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defeased in accordance with the order or resolution authorizing the |
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issuance of the bonds; |
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(2) has a contractual obligation to pay money unless |
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the obligation is assumed by a third party, fully paid in accordance |
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with the contract, or waived by the obligee; or |
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(3) owns, operates, or maintains public works, |
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facilities, or improvements, unless the ownership, operation, or |
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maintenance is assumed by a third party. |
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SECTION 2. Section 54.030(b), Water Code, is amended to |
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read as follows: |
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(b) The governing body of a district which desires to |
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convert into a district operating under this chapter shall adopt |
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and enter in the minutes of the governing body a resolution |
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declaring that in its judgment, conversion into a municipal utility |
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district operating under this chapter and under Article XVI, |
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Section 59, of the Texas Constitution, would serve the best |
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interest of the district and would be a benefit to the land and |
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property included in the district. The resolution shall also |
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request that the commission approve [to hold a hearing on the
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question of] the conversion of the district. |
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SECTION 3. Section 54.032, Water Code, is amended to read as |
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follows: |
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Sec. 54.032. CONVERSION OF DISTRICT: NOTICE. (a) Notice |
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of the conversion [hearing] shall be given by publishing notice in a |
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newspaper with general circulation in the county or counties in |
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which the district is located. |
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(b) The notice shall be published once a week for two |
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consecutive weeks [with the first publication to be made not less
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than 14 full days before the time set for the hearing]. |
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(c) The notice shall: |
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(1) [state the time and place of the hearing;
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[(2)] set out the resolution adopted by the district |
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in full; and |
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(2) [(3)] notify all interested persons how they may |
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offer comments [to appear and offer testimony] for or against the |
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proposal contained in the resolution. |
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SECTION 4. Section 54.033(a), Water Code, is amended to |
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read as follows: |
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(a) If [After a hearing, if] the commission finds that |
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conversion of the district into one operating under this chapter |
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would serve the best interest of the district and would be a benefit |
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to the land and property included in the district, it shall enter an |
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order making this finding and the district shall become a district |
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operating under this chapter and no confirmation election shall be |
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required. |
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SECTION 5. Section 54.031, Water Code, is repealed. |
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SECTION 6. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2914 was passed by the House on April |
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25, 2019, by the following vote: Yeas 136, Nays 1, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2914 was passed by the Senate on May |
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21, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |