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| 3 | 4 | | |
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| 4 | 5 | | R E S O L U T I O N |
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| 5 | 6 | | BE IT RESOLVED by the House of Representatives of the State of |
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| 6 | 7 | | Texas, 85th Legislature, Regular Session, 2017, That House Rule 13, |
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| 7 | 8 | | Section 9(a), be suspended in part as provided by House Rule 13, |
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| 8 | 9 | | Section 9(f), to enable the conference committee appointed to |
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| 9 | 10 | | resolve the differences on Senate Bill 2014 (the administration of |
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| 10 | 11 | | certain water districts) to consider and take action on the |
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| 11 | 12 | | following matter: |
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| 12 | 13 | | (1) House Rule 13, Section 9(a)(1), is suspended to permit |
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| 13 | 14 | | the committee to amend text not in disagreement in proposed SECTION |
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| 14 | 15 | | 5 of the bill, in amended Section 54.016(a), Water Code, to read as |
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| 15 | 16 | | follows: |
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| 16 | 17 | | (a) No land within the corporate limits of a city or within |
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| 17 | 18 | | the extraterritorial jurisdiction of a city, shall be included in a |
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| 18 | 19 | | district unless the city grants its written consent, by resolution |
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| 19 | 20 | | or ordinance, to the inclusion of the land within the district in |
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| 20 | 21 | | accordance with Section 42.042, Local Government Code, and this |
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| 21 | 22 | | section. The request to a city for its written consent to the |
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| 22 | 23 | | creation of a district, shall be signed by a majority in value of |
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| 23 | 24 | | the holders of title of the land within the proposed district as |
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| 24 | 25 | | indicated by the county tax rolls [or, if there are more than 50 |
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| 25 | 26 | | persons holding title to the land in the proposed district as |
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| 26 | 27 | | indicated by the county tax rolls, the request to the city will be |
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| 27 | 28 | | sufficient if it is signed by 50 holders of title to the land in the |
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| 28 | 29 | | district]˙. A petition for the written consent of a city to the |
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| 29 | 30 | | inclusion of land within a district shall describe the boundaries |
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| 30 | 31 | | of the land to be included in the district by metes and bounds or by |
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| 31 | 32 | | lot and block number, if there is a recorded map or plat and survey |
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| 32 | 33 | | of the area, and state the general nature of the work proposed to be |
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| 33 | 34 | | done, the necessity for the work, and the cost of the project as |
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| 34 | 35 | | then estimated by those filing the petition. If, at the time a |
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| 35 | 36 | | petition is filed with a city for creation of a district, the |
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| 36 | 37 | | district proposes to connect to a city's water or sewer system or |
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| 37 | 38 | | proposes to contract with a regional water and wastewater provider |
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| 38 | 39 | | which has been designated as such by the commission as of the date |
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| 39 | 40 | | such petition is filed, to which the city has made a capital |
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| 40 | 41 | | contribution for the water and wastewater facilities serving the |
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| 41 | 42 | | area, the proposed district shall be designated as a "city service |
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| 42 | 43 | | district." If such proposed district does not meet the criteria for |
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| 43 | 44 | | a city service district at the time the petition seeking creation is |
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| 44 | 45 | | filed, such district shall be designated as a "noncity service |
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| 45 | 46 | | district." The city's consent shall not place any restrictions or |
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| 46 | 47 | | conditions on the creation of a noncity service district as defined |
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| 47 | 48 | | by this chapter [Chapter 54 of the Texas Water Code] other than |
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| 48 | 49 | | those expressly provided in Subsection (e) of this section and |
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| 49 | 50 | | shall specifically not limit the amounts of the district's bonds. A |
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| 50 | 51 | | city may not require annexation as a consent to creation of any |
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| 51 | 52 | | district. A city shall not refuse to approve a district bond issue |
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| 52 | 53 | | for any reason except that the district is not in compliance with |
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| 53 | 54 | | valid consent requirements applicable to the district. If a city |
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| 54 | 55 | | grants its written consent without the concurrence of the applicant |
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| 55 | 56 | | to the creation of a noncity service district containing conditions |
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| 56 | 57 | | or restrictions that the petitioning land owner or owners |
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| 57 | 58 | | reasonably believe exceed the city's powers, such land owner or |
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| 58 | 59 | | owners may petition the commission to create the district and to |
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| 59 | 60 | | modify the conditions and restrictions of the city's consent. The |
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| 60 | 61 | | commission may declare any provision of the consent to be null and |
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| 61 | 62 | | void. The commission may approve the creation of a district that |
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| 62 | 63 | | includes any portion of the land covered by the city's consent to |
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| 63 | 64 | | creation of the district. The legislature may create and may |
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| 64 | 65 | | validate the creation of a district that includes any portion of the |
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| 65 | 66 | | land covered by the city's consent to the creation of the district. |
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| 66 | 67 | | Explanation: The change is necessary to clarify that a |
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| 67 | 68 | | request to a city for its written consent to the inclusion of land |
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| 68 | 69 | | within a district in accordance with Section 42.042, Local |
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| 69 | 70 | | Government Code, shall be signed by a majority in value of the |
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| 70 | 71 | | holders of title of the land within the proposed district as |
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| 71 | 72 | | indicated by the county tax rolls. |
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| 72 | 73 | | (2) House Rule 13, Section 9(a)(4), is suspended to permit |
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| 73 | 74 | | the committee to add text on a matter not included in either the |
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| 74 | 75 | | house or senate version of the bill by adding proposed SECTIONS 3 |
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| 75 | 76 | | and 4 to the bill to read as follows: |
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| 76 | 77 | | SECTION 3. Section 49.302(b), Water Code, is amended to |
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| 77 | 78 | | read as follows: |
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| 78 | 79 | | (b) A petition requesting the annexation of a defined area |
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| 79 | 80 | | signed by a majority in value of the owners of land in the defined |
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| 80 | 81 | | area, as shown by the tax rolls of the central appraisal district of |
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| 81 | 82 | | the county or counties in which such area is located, [or signed by |
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| 82 | 83 | | 50 landowners if the number of landowners is more than 50,] shall |
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| 83 | 84 | | describe the land by metes and bounds or by lot and block number if |
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| 84 | 85 | | there is a recorded plat of the area and shall be filed with the |
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| 85 | 86 | | secretary of the board. |
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| 86 | 87 | | SECTION 4. Section 54.014, Water Code, is amended to read as |
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| 87 | 88 | | follows: |
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| 88 | 89 | | Sec. 54.014. PETITION. When it is proposed to create a |
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| 89 | 90 | | district, a petition requesting creation shall be filed with the |
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| 90 | 91 | | commission. The petition shall be signed by a majority in value of |
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| 91 | 92 | | the holders of title of the land within the proposed district, as |
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| 92 | 93 | | indicated by the tax rolls of the central appraisal district. [If |
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| 93 | 94 | | there are more than 50 persons holding title to the land in the |
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| 94 | 95 | | proposed district, as indicated by the tax rolls of the central |
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| 95 | 96 | | appraisal district, the petition is sufficient if it is signed by 50 |
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| 96 | 97 | | holders of title to the land.] |
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| 97 | 98 | | Explanation: The change is necessary to change the petition |
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| 98 | 99 | | requirements for creation of or annexation of land to certain |
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| 99 | 100 | | special purpose districts. |
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