| 1 | 1 | | By: Alvarado H.B. No. 3607 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to notifying a state senator and state representative |
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| 7 | 7 | | about the creation of a district and acquiring road powers for a |
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| 8 | 8 | | district. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 49.011, Water Code, is amended to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | Sec. 49.011. NOTICE APPLICABLE TO CREATION OF A DISTRICT BY |
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| 13 | 13 | | THE COMMISSION. (a) On receipt by the commission of all required |
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| 14 | 14 | | documentation associated with an application for creation of a |
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| 15 | 15 | | district by the commission under Chapter 36, 50, 51, 54, 55, 58, 65, |
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| 16 | 16 | | or 66, the commission shall issue a notice indicating that the |
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| 17 | 17 | | application is administratively complete. |
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| 18 | 18 | | (b) On receiving an application for creation of a district |
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| 19 | 19 | | by the commission under Chapter 36, 50, 51, 54, 55, 58, 65, or 66, |
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| 20 | 20 | | the commission shall send notice of the application to the state |
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| 21 | 21 | | senator and state representative who represent the area in which |
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| 22 | 22 | | the district is or will be located. |
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| 23 | 23 | | (b) (c) The commission by rule shall establish a procedure |
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| 24 | 24 | | for public notice and hearing of applications. The rules must |
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| 25 | 25 | | require an applicant to publish the notice issued by the commission |
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| 26 | 26 | | under Subsection (a) once a week for two consecutive weeks in a |
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| 27 | 27 | | newspaper regularly published or circulated in the county where the |
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| 28 | 28 | | district is proposed to be located not later than the 30th day |
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| 29 | 29 | | before the date on which the commission may act on the application. |
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| 30 | 30 | | (c) (d) The commission may act on an application without |
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| 31 | 31 | | holding a public hearing if a public hearing is not requested by the |
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| 32 | 32 | | commission, the executive director, or an affected person in the |
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| 33 | 33 | | manner prescribed by commission rule during the 30 days following |
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| 34 | 34 | | the final publication of notice under Subsection (b) (c). |
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| 35 | 35 | | (d) (e) If the commission determines that a public hearing |
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| 36 | 36 | | is necessary, the commission shall advise all parties of the time |
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| 37 | 37 | | and place of the hearing. The commission is not required to provide |
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| 38 | 38 | | public notice of a hearing under this section. |
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| 39 | 39 | | SECTION 2. Section 54.234, Water Code, is amended to read as |
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| 40 | 40 | | follows: |
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| 41 | 41 | | Sec. 54.234. ACQUIRING ROAD POWERS. (a) |
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| 42 | 42 | | Any district or |
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| 43 | 43 | | any petitioner seeking the creation of a district may petition the |
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| 44 | 44 | | commission to acquire the power under the authority of Article III, |
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| 45 | 45 | | Section 52, Texas Constitution, to design, acquire, construct, |
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| 46 | 46 | | finance, issue bonds for, and convey to this state, a county, or a |
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| 47 | 47 | | municipality for operation and maintenance, a road described by |
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| 48 | 48 | | Subsection (b) or any improvement in aid of the road. |
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| 49 | 49 | | (b) The road must meet the criteria for a thoroughfare, |
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| 50 | 50 | | arterial, or collector road of: |
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| 51 | 51 | | (1) a county in whose jurisdiction the proposed road |
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| 52 | 52 | | project is located; or |
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| 53 | 53 | | (2) a municipality in whose corporate limits or |
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| 54 | 54 | | extraterritorial jurisdiction the proposed road project is |
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| 55 | 55 | | located. |
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| 56 | 56 | | (c) As soon as practicable after such petition has been |
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| 57 | 57 | | filed with the commission, the commission shall issue an order |
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| 58 | 58 | | either approving or denying such petition. |
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| 59 | 59 | | (d) If the commission approves the petition, the commission |
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| 60 | 60 | | shall notify the state senator and state representative who |
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| 61 | 61 | | represent the area in which he district is located. |
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| 62 | 62 | | (d)e) If the commission issues an order approving the |
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| 63 | 63 | | petition, the district may undertake a road project if: |
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| 64 | 64 | | (1) the municipality or county that will operate and |
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| 65 | 65 | | maintain the road has approved the plans and specifications of the |
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| 66 | 66 | | road project; or |
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| 67 | 67 | | (2) the Texas Transportation Commission has approved |
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| 68 | 68 | | the plans and specifications of the road project, if the state is to |
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| 69 | 69 | | operate and maintain the road. |
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| 70 | 70 | | (e)(f) Except as provided by Subsection (d)(e), a district |
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| 71 | 71 | | is not required to obtain approval from the Texas Transportation |
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| 72 | 72 | | Commission to acquire, construct, convey, or finance the road |
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| 73 | 73 | | project. |
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| 74 | 74 | | SECTION 3. This Act takes effect September 1, 2015. |
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