By: Alvarado H.B. No. 3607
A BILL TO BE ENTITLED
AN ACT
relating to notifying a state senator and state representative
about the creation of a district and acquiring road powers for a
district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49.011, Water Code, is amended to read as
follows:
Sec. 49.011. NOTICE APPLICABLE TO CREATION OF A DISTRICT BY
THE COMMISSION. (a) On receipt by the commission of all required
documentation associated with an application for creation of a
district by the commission under Chapter 36, 50, 51, 54, 55, 58, 65,
or 66, the commission shall issue a notice indicating that the
application is administratively complete.
(b) On receiving an application for creation of a district
by the commission under Chapter 36, 50, 51, 54, 55, 58, 65, or 66,
the commission shall send notice of the application to the state
senator and state representative who represent the area in which
the district is or will be located.
(b) (c) The commission by rule shall establish a procedure
for public notice and hearing of applications. The rules must
require an applicant to publish the notice issued by the commission
under Subsection (a) once a week for two consecutive weeks in a
newspaper regularly published or circulated in the county where the
district is proposed to be located not later than the 30th day
before the date on which the commission may act on the application.
(c) (d) The commission may act on an application without
holding a public hearing if a public hearing is not requested by the
commission, the executive director, or an affected person in the
manner prescribed by commission rule during the 30 days following
the final publication of notice under Subsection (b) (c).
(d) (e) If the commission determines that a public hearing
is necessary, the commission shall advise all parties of the time
and place of the hearing. The commission is not required to provide
public notice of a hearing under this section.
SECTION 2. Section 54.234, Water Code, is amended to read as
follows:
Sec. 54.234. ACQUIRING ROAD POWERS. (a)
Any district or
any petitioner seeking the creation of a district may petition the
commission to acquire the power under the authority of Article III,
Section 52, Texas Constitution, to design, acquire, construct,
finance, issue bonds for, and convey to this state, a county, or a
municipality for operation and maintenance, a road described by
Subsection (b) or any improvement in aid of the road.
(b) The road must meet the criteria for a thoroughfare,
arterial, or collector road of:
(1) a county in whose jurisdiction the proposed road
project is located; or
(2) a municipality in whose corporate limits or
extraterritorial jurisdiction the proposed road project is
located.
(c) As soon as practicable after such petition has been
filed with the commission, the commission shall issue an order
either approving or denying such petition.
(d) If the commission approves the petition, the commission
shall notify the state senator and state representative who
represent the area in which he district is located.
(d)e) If the commission issues an order approving the
petition, the district may undertake a road project if:
(1) the municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state is to
operate and maintain the road.
(e)(f) Except as provided by Subsection (d)(e), a district
is not required to obtain approval from the Texas Transportation
Commission to acquire, construct, convey, or finance the road
project.
SECTION 3. This Act takes effect September 1, 2015.