| 1 | 1 | | By: Crownover (Senate Sponsor - Nelson) H.B. No. 738 |
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| 2 | 2 | | (In the Senate - Received from the House May 9, 2013; |
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| 3 | 3 | | May 10, 2013, read first time and referred to Committee on Natural |
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| 4 | 4 | | Resources; May 17, 2013, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 8, Nays 0; May 17, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the review of the creation of certain proposed |
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| 11 | 11 | | municipal utility districts by county commissioners courts. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 54.0161, Water Code, is amended to read |
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| 14 | 14 | | as follows: |
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| 15 | 15 | | Sec. 54.0161. REVIEW OF CREATION BY COUNTY. (a) This |
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| 16 | 16 | | section applies only to a proposed district all of which is to be |
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| 17 | 17 | | located outside the corporate limits of a municipality. |
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| 18 | 18 | | (a-1) Promptly after a petition is filed with the commission |
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| 19 | 19 | | to create a district to which this section applies, the commission |
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| 20 | 20 | | shall notify the commissioners court of any county in which the |
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| 21 | 21 | | proposed district is to be located. |
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| 22 | 22 | | (a-2) The [If all or part of a proposed district is to be |
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| 23 | 23 | | located outside the extraterritorial jurisdiction of a city, the] |
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| 24 | 24 | | commissioners court of a [the] county in which the district is to be |
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| 25 | 25 | | located may review the petition for creation and other evidence and |
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| 26 | 26 | | information relating to the proposed district that the |
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| 27 | 27 | | commissioners consider necessary. Petitioners for the creation of a |
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| 28 | 28 | | district shall submit to the county commissioners court any |
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| 29 | 29 | | relevant information requested by the commissioners court [in the |
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| 30 | 30 | | event a review is done]. |
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| 31 | 31 | | (b) In the event the county commissioners court votes to |
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| 32 | 32 | | submit information to the commission or to make a recommendation |
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| 33 | 33 | | regarding the creation of the proposed district [of a review], the |
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| 34 | 34 | | commissioners court shall submit to the commission, at least 10 |
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| 35 | 35 | | days before the date set for action [the hearing] on the petition, a |
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| 36 | 36 | | written opinion stating: |
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| 37 | 37 | | (1) whether [or not] the commissioners court |
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| 38 | 38 | | recommends [county would recommend] the creation of the proposed |
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| 39 | 39 | | district; and |
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| 40 | 40 | | (2) [stating] any findings, conclusions, and other |
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| 41 | 41 | | information that the commissioners court thinks [think] would |
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| 42 | 42 | | assist the commission in making a final determination on the |
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| 43 | 43 | | petition. |
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| 44 | 44 | | (c) In passing on a petition subject to [under] this section |
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| 45 | 45 | | [subchapter], the commission shall consider the written opinion |
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| 46 | 46 | | submitted by the county commissioners court. |
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| 47 | 47 | | SECTION 2. The changes in law made by this Act apply only to |
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| 48 | 48 | | a petition for the creation of a municipal utility district that is |
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| 49 | 49 | | filed with the Texas Commission on Environmental Quality on or |
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| 50 | 50 | | after the effective date of this Act. A petition pending before the |
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| 51 | 51 | | Texas Commission on Environmental Quality on the effective date of |
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| 52 | 52 | | this Act is governed by the law in effect at the time the petition |
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| 53 | 53 | | was filed, and that law is continued in effect for that purpose. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2013. |
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| 55 | 55 | | * * * * * |
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