By: Lucio S.B. No. 1987
(In the Senate - Filed March 10, 2017; March 27, 2017, read
first time and referred to Committee on Intergovernmental
Relations; April 5, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0,
1 present not voting; April 5, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1987 By: Lucio
A BILL TO BE ENTITLED
AN ACT
relating to the notice requirements for bills proposing the
creation of or annexation of land to certain special purpose
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 313.006, Government Code,
is amended to read as follows:
Sec. 313.006. NOTICE FOR LAWS ESTABLISHING OR ADDING
TERRITORY TO MUNICIPAL MANAGEMENT DISTRICTS.
SECTION 2. Section 313.006, Government Code, is amended by
amending Subsections (a), (b), and (d) and adding Subsections (e)
and (f) to read as follows:
(a) In addition to the other requirements of this chapter, a
person, other than a member of the legislature, who intends to apply
for the passage of a law establishing or adding territory to a
special district that incorporates a power from Chapter 375, Local
Government Code, must provide notice as provided by this section.
(b) The person shall notify by mail each person who owns
real property [in the] proposed to be included in a new district or
to be added to an existing district, according to the most recent
certified tax appraisal roll for the county in which the real
property is owned. The notice, properly addressed with postage
paid, must be deposited with the United States Postal Service not
later than the 30th day before the date on which the intended law is
introduced in the legislature.
(d) The person is not required to mail notice under
Subsection (b) or (e) to a person who owns real property in the
proposed district or in the area proposed to be added to a district
if the property cannot be subject to an assessment by the district.
(e) After the introduction of a law in the legislature
establishing or adding territory to a special district that
incorporates a power from Chapter 375, Local Government Code, the
person shall mail to each person who owns real property proposed to
be included in a new district or to be added to an existing district
a notice that the legislation has been introduced, including the
applicable bill number. The notice, properly addressed with
postage paid, must be deposited with the United States Postal
Service not later than the 30th day after the date on which the
intended law is introduced in the legislature. If the person has
not mailed the notice required under this subsection on the 31st day
after the date on which the intended law is introduced in the
legislature, the person may cure the deficiency by immediately
mailing the notice, but the person shall in no event mail the notice
later than the date on which the intended law is reported out of
committee in the chamber other than the chamber in which the
intended law was introduced. If similar bills are filed in both
chambers of the legislature, a person is only required to provide a
single notice under this subsection not later than the 30th day
after the date the first of the bills is filed.
(f) A landowner may waive any notice required under this
section at any time.
SECTION 3. Section 375.022(b), Local Government Code, is
amended to read as follows:
(b) The petition must be signed by[:
[(1)] the owners of a majority of the assessed value of
the real property in the proposed district, according to the most
recent certified county property tax rolls[; or
[(2) 50 persons who own real property in the proposed
district if, according to the most recent certified county property
tax rolls, more than 50 persons own real property in the proposed
district].
SECTION 4. Section 49.302(b), Water Code, is amended to
read as follows:
(b) A petition requesting the annexation of a defined area
signed by a majority in value of the owners of land in the defined
area, as shown by the tax rolls of the central appraisal district of
the county or counties in which such area is located, [or signed by
50 landowners if the number of landowners is more than 50,] shall
describe the land by metes and bounds or by lot and block number if
there is a recorded plat of the area and shall be filed with the
secretary of the board.
SECTION 5. Section 54.014, Water Code, is amended to read as
follows:
Sec. 54.014. PETITION. When it is proposed to create a
district, a petition requesting creation shall be filed with the
commission. The petition shall be signed by a majority in value of
the holders of title of the land within the proposed district, as
indicated by the tax rolls of the central appraisal district. [If
there are more than 50 persons holding title to the land in the
proposed district, as indicated by the tax rolls of the central
appraisal district, the petition is sufficient if it is signed by 50
holders of title to the land.]
SECTION 6. Section 54.016(a), Water Code, is amended to
read as follows:
(a) No land within the corporate limits of a city or within
the extraterritorial jurisdiction of a city, shall be included in a
district unless the city grants its written consent, by resolution
or ordinance, to the inclusion of the land within the district in
accordance with Section 42.042, Local Government Code, and this
section. The request to a city for its written consent to the
creation of a district, shall be signed by a majority in value of
the holders of title of the land within the proposed district as
indicated by the county tax rolls [or, if there are more than 50
persons holding title to the land in the proposed district as
indicated by the county tax rolls, the request to the city will be
sufficient if it is signed by 50 holders of title to the land in the
district]. A petition for the written consent of a city to the
inclusion of land within a district shall describe the boundaries
of the land to be included in the district by metes and bounds or by
lot and block number, if there is a recorded map or plat and survey
of the area, and state the general nature of the work proposed to be
done, the necessity for the work, and the cost of the project as
then estimated by those filing the petition. If, at the time a
petition is filed with a city for creation of a district, the
district proposes to connect to a city's water or sewer system or
proposes to contract with a regional water and wastewater provider
which has been designated as such by the commission as of the date
such petition is filed, to which the city has made a capital
contribution for the water and wastewater facilities serving the
area, the proposed district shall be designated as a "city service
district." If such proposed district does not meet the criteria for
a city service district at the time the petition seeking creation is
filed, such district shall be designated as a "noncity service
district." The city's consent shall not place any restrictions or
conditions on the creation of a noncity service district as defined
by Chapter 54 of the Texas Water Code other than those expressly
provided in Subsection (e) of this section and shall specifically
not limit the amounts of the district's bonds. A city may not
require annexation as a consent to creation of any district. A city
shall not refuse to approve a district bond issue for any reason
except that the district is not in compliance with valid consent
requirements applicable to the district. If a city grants its
written consent without the concurrence of the applicant to the
creation of a noncity service district containing conditions or
restrictions that the petitioning land owner or owners reasonably
believe exceed the city's powers, such land owner or owners may
petition the commission to create the district and to modify the
conditions and restrictions of the city's consent. The commission
may declare any provision of the consent to be null and void.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
* * * * *