| 1 | 1 | | 85R25372 AAF-F |
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| 2 | 2 | | By: Herrero H.B. No. 2593 |
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| 3 | 3 | | Substitute the following for H.B. No. 2593: |
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| 4 | 4 | | By: Morrison C.S.H.B. No. 2593 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to franchises granted by navigation districts. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 61.164(b) and (d), Water Code, are |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (b) No franchise shall be granted for longer than 50 [30] |
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| 14 | 14 | | years nor shall a franchise be granted except on the affirmative |
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| 15 | 15 | | vote of a majority of the commissioners at three separate meetings |
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| 16 | 16 | | of the commission which meetings may not be closer together than one |
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| 17 | 17 | | week. The third meeting at which the commission votes to grant a |
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| 18 | 18 | | franchise may not take place before the date the notice required by |
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| 19 | 19 | | Subsection (c) is published for the third time. |
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| 20 | 20 | | (d) The franchise shall require the grantee to file a [his |
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| 21 | 21 | | or their] written acceptance within 30 days after the franchise is |
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| 22 | 22 | | finally approved by the commission. Unless the district and the |
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| 23 | 23 | | grantee agree on a later date, the effective date of the franchise |
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| 24 | 24 | | is the date the grantee files the written acceptance with the |
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| 25 | 25 | | commission. |
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| 26 | 26 | | SECTION 2. Section 63.178, Water Code, is amended by |
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| 27 | 27 | | amending Subsections (b), (c), and (d) and adding Subsection (c-1) |
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| 28 | 28 | | to read as follows: |
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| 29 | 29 | | (b) A franchise may be granted for a period of not more than |
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| 30 | 30 | | 50 [30] years. |
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| 31 | 31 | | (c) Before the franchise is granted, the commission must |
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| 32 | 32 | | approve the franchise by a majority vote at three separate meetings |
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| 33 | 33 | | held at least one week apart and must publish notice. The third |
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| 34 | 34 | | meeting at which the commission votes to grant a franchise may not |
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| 35 | 35 | | take place before the date the notice required by this subsection is |
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| 36 | 36 | | published for the third time. |
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| 37 | 37 | | (c-1) For the purposes of Subsection (c) [this subsection], |
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| 38 | 38 | | notice must be published at the expense of the applicant, once a |
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| 39 | 39 | | week for three consecutive weeks in a newspaper published in the |
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| 40 | 40 | | district. The notice must consist of: |
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| 41 | 41 | | (1) the text of the franchise in full; or |
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| 42 | 42 | | (2) a descriptive caption stating the purpose of the |
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| 43 | 43 | | franchise and the location at which a complete copy of the franchise |
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| 44 | 44 | | may be obtained. |
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| 45 | 45 | | (d) The franchise shall require the grantee to file a [his] |
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| 46 | 46 | | written acceptance within 30 days from the day the franchise is |
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| 47 | 47 | | finally approved by the commission. Unless the district and the |
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| 48 | 48 | | grantee agree on a later date, the effective date of the franchise |
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| 49 | 49 | | is the date the grantee files the written acceptance with the |
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| 50 | 50 | | commission. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2017. |
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