Texas 2017 - 85th Regular

Texas Senate Bill SB2014 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2014
	1	+	85R31822 DMS-D
	2	+	By: Creighton S.B. No. 2014
	3	+	(Schubert)
	4	+	Substitute the following for S.B. No. 2014: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the administration of certain water districts.
6	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	11		SECTION 1. Section 49.181, Water Code, is amended by
8	12		amending Subsection (f) and adding Subsections (i), (j), (k), and
9	13		(l) to read as follows:
10	14		(f) The commission shall determine whether the project to be
11	15		financed by the bonds is feasible and issue an order either
12	16		approving or disapproving, as appropriate, the issuance of the
13	17		bonds. If the commission determines that an application for the
14	18		approval of bonds complies with the requirements for financial
15	19		feasibility and the district submitting the application is not
16	20		required to comply with rules regarding project completion, the
17	21		commission may not disapprove the issuance of bonds for all or a
18	22		portion of a project or require that the funding for all or a
19	23		portion of a project be escrowed solely on the basis that the
20	24		construction of the project is not complete at the time of the
21	25		commission's determination. The commission shall retain a copy of
22	26		the order and send a copy of the order to the district.
23	27		(i) An application for the approval of bonds under this
24	28		section may include financing for payment of creation and
25	29		organization expenses. Expenses are creation and organization
26	30		expenses if the expenses were incurred through the date of the
27	31		canvassing of the confirmation election. A commission rule
28	32		regarding continuous construction periods or the length of time for
29	33		the payment of expenses during construction periods does not apply
30	34		to expenses described by this section.
31	35		(j) The commission shall approve an application to issue
32	36		bonds to finance the costs of spreading and compacting fill to
33	37		remove property from the 100-year floodplain made by a levee
34	38		improvement district if the application otherwise meets all
35	39		applicable requirements for bond applications.
36	40		(k) The commission shall approve an application to issue
37	41		bonds to finance the costs of spreading and compacting fill to
38	42		provide drainage that is made by a municipal utility district or a
39	43		district with the powers of a municipal utility district if the
40	44		costs are less than the cost of constructing or improving drainage
41	45		facilities.
42	46		(l) If a district is approved for the issuance of bonds by
43	47		the commission to use a certain return flow of wastewater, the
44	48		approval applies to subsequent bond authorizations unless the
45	49		district seeks approval to use a different return flow of
46	50		wastewater.
47	51		SECTION 2. Section 49.273(i), Water Code, is amended to
48	52		read as follows:
49	53		(i) If changes in plans, [or] specifications, or scope of
50	54		work are necessary or beneficial to the district, as determined by
51	55		the board, after the performance of the contract is begun, or if it
52	56		is necessary or beneficial to the district, as determined by the
53	57		board, to decrease or increase the quantity of the work to be
54	58		performed or of the materials, equipment, or supplies to be
55	59		furnished, the board may approve change orders making the changes.
56	60		The board may grant authority to an official or employee
57	61		responsible for purchasing or for administering a contract to
58	62		approve a change order that involves an increase or decrease of
59	63		$50,000 or less. The aggregate of the change orders that [may not]
60	64		increase the original contract price by more than 25 percent[.
61	65		Additional change orders] may be issued only as a result of
62	66		unanticipated conditions encountered during construction, repair,
63	67		or renovation or changes in regulatory criteria or to facilitate
64	68		project coordination with other political entities. A change order
65	69		is not subject to the requirements of Subsection (d) or (e).
66		-	SECTION 3. Section 49.302(b), Water Code, is amended to
67		-	read as follows:
68		-	(b) A petition requesting the annexation of a defined area
69		-	signed by a majority in value of the owners of land in the defined
70		-	area, as shown by the tax rolls of the central appraisal district of
71		-	the county or counties in which such area is located, [or signed by
72		-	50 landowners if the number of landowners is more than 50,] shall
73		-	describe the land by metes and bounds or by lot and block number if
74		-	there is a recorded plat of the area and shall be filed with the
75		-	secretary of the board.
76		-	SECTION 4. Section 54.014, Water Code, is amended to read as
77		-	follows:
78		-	Sec. 54.014. PETITION. When it is proposed to create a
79		-	district, a petition requesting creation shall be filed with the
80		-	commission. The petition shall be signed by a majority in value of
81		-	the holders of title of the land within the proposed district, as
82		-	indicated by the tax rolls of the central appraisal district. [If
83		-	there are more than 50 persons holding title to the land in the
84		-	proposed district, as indicated by the tax rolls of the central
85		-	appraisal district, the petition is sufficient if it is signed by 50
86		-	holders of title to the land.]
87		-	SECTION 5. Sections 54.016(a), (b), and (f), Water Code,
	70	+	SECTION 3. Sections 54.016(a), (b), and (f), Water Code,
88	71		are amended to read as follows:
89	72		(a) No land within the corporate limits of a city or within
90	73		the extraterritorial jurisdiction of a city, shall be included in a
91	74		district unless the city grants its written consent, by resolution
92	75		or ordinance, to the inclusion of the land within the district in
93	76		accordance with Section 42.042, Local Government Code, and this
94	77		section. The request to a city for its written consent to the
95	78		creation of a district, shall be signed by a majority in value of
96	79		the holders of title of the land within the proposed district as
97		-	indicated by the county tax rolls [or, if there are more than 50
	80	+	indicated by the county tax rolls or, if there are more than 50
98	81		persons holding title to the land in the proposed district as
99	82		indicated by the county tax rolls, the request to the city will be
100	83		sufficient if it is signed by 50 holders of title to the land in the
101		-	district]. A petition for the written consent of a city to the
	84	+	district. A petition for the written consent of a city to the
102	85		inclusion of land within a district shall describe the boundaries
103	86		of the land to be included in the district by metes and bounds or by
104	87		lot and block number, if there is a recorded map or plat and survey
105	88		of the area, and state the general nature of the work proposed to be
106	89		done, the necessity for the work, and the cost of the project as
107	90		then estimated by those filing the petition. If, at the time a
108	91		petition is filed with a city for creation of a district, the
109	92		district proposes to connect to a city's water or sewer system or
110	93		proposes to contract with a regional water and wastewater provider
111	94		which has been designated as such by the commission as of the date
112	95		such petition is filed, to which the city has made a capital
113	96		contribution for the water and wastewater facilities serving the
114	97		area, the proposed district shall be designated as a "city service
115	98		district." If such proposed district does not meet the criteria for
116	99		a city service district at the time the petition seeking creation is
117	100		filed, such district shall be designated as a "noncity service
118	101		district." The city's consent shall not place any restrictions or
119	102		conditions on the creation of a noncity service district as defined
120	103		by this chapter [Chapter 54 of the Texas Water Code] other than
121	104		those expressly provided in Subsection (e) of this section and
122	105		shall specifically not limit the amounts of the district's bonds. A
123	106		city may not require annexation as a consent to creation of any
124	107		district. A city shall not refuse to approve a district bond issue
125	108		for any reason except that the district is not in compliance with
126	109		valid consent requirements applicable to the district. If a city
127	110		grants its written consent without the concurrence of the applicant
128	111		to the creation of a noncity service district containing conditions
129	112		or restrictions that the petitioning land owner or owners
130	113		reasonably believe exceed the city's powers, such land owner or
131	114		owners may petition the commission to create the district and to
132	115		modify the conditions and restrictions of the city's consent. The
133	116		commission may declare any provision of the consent to be null and
134	117		void. The commission may approve the creation of a district that
135	118		includes any portion of the land covered by the city's consent to
136	119		creation of the district. The legislature may create and may
137	120		validate the creation of a district that includes any portion of the
138	121		land covered by the city's consent to the creation of the district.
139	122		(b) If the governing body of a city fails or refuses to grant
140	123		permission for the inclusion of land within its extraterritorial
141	124		jurisdiction in a district, including a district created by a
142	125		special act of the legislature, within 90 days after receipt of a
143	126		written request, a majority of the electors in the area proposed to
144	127		be included in the district or the owner or owners of 50 percent or
145	128		more of the land to be included may petition the governing body of
146	129		the city and request the city to make available to the land the
147	130		water or sanitary sewer service contemplated to be provided by the
148	131		district.
149	132		(f) A city may provide in its written consent for the
150	133		inclusion of land in a district that is initially located wholly or
151	134		partly outside the corporate limits of the city that a contract
152	135		("allocation agreement") between the district and the city be
153	136		entered into prior to the first issue of bonds, notes, warrants, or
154	137		other obligations of the district. The allocation agreement shall
155	138		contain the following provisions:
156	139		(1) a method by which the district shall continue to
157	140		exist following the annexation of all territory within the district
158	141		by the city, if the district is [initially] located outside the
159	142		corporate limits of the city at the time the creation of the
160	143		district is approved by the district's voters;
161	144		(2) an allocation of the taxes or revenues of the
162	145		district or the city which will assure that, following the date of
163	146		the inclusion of all the district's territory within the corporate
164	147		limits of the city, the total annual ad valorem taxes collected by
165	148		the city and the district from taxable property within the district
166	149		does not exceed an amount greater than the city's ad valorem tax
167	150		upon such property;
168	151		(3) an allocation of governmental services to be
169	152		provided by the city or the district following the date of the
170	153		inclusion of all of the district's territory within the corporate
171	154		limits of the city; and
172	155		(4) such other terms and conditions as may be deemed
173	156		appropriate by the city.
174		-	SECTION 6. The change in law made to Section 54.016(f),
	157	+	SECTION 4. The change in law made to Section 54.016(f),
175	158		Water Code, as amended by this Act, applies only to an agreement
176	159		entered into on or after the effective date of this Act. An
177	160		agreement entered into before the effective date of this Act is
178	161		governed by the law in effect on the date the agreement was entered
179	162		into, and the former law is continued in effect for that purpose.
180		-	SECTION 7. This Act takes effect September 1, 2017.
181		-	______________________________ ______________________________
182		-	President of the Senate Speaker of the House
183		-	I hereby certify that S.B. No. 2014 passed the Senate on
184		-	May 11, 2017, by the following vote: Yeas 31, Nays 0;
185		-	May 26, 2017, Senate refused to concur in House amendments and
186		-	requested appointment of Conference Committee; May 27, 2017, House
187		-	granted request of the Senate; May 28, 2017, Senate adopted
188		-	Conference Committee Report by the following vote: Yeas 31,
189		-	Nays 0.
190		-	______________________________
191		-	Secretary of the Senate
192		-	I hereby certify that S.B. No. 2014 passed the House, with
193		-	amendments, on May 24, 2017, by the following vote: Yeas 146,
194		-	Nays 0, two present not voting; May 27, 2017, House granted request
195		-	of the Senate for appointment of Conference Committee;
196		-	May 28, 2017, House adopted Conference Committee Report by the
197		-	following vote: Yeas 144, Nays 2, two present not voting.
198		-	______________________________
199		-	Chief Clerk of the House
200		-	Approved:
201		-	______________________________
202		-	Date
203		-	______________________________
204		-	Governor
	163	+	SECTION 5. This Act takes effect September 1, 2017.