85R34387 DMS-D
By: Creighton S.R. No. 936
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 85th
Legislature, Regular Session, 2017, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on Senate
Bill 2014 (the administration of certain water districts) to
consider and take action on the following matter:
(1) Senate Rule 12.03(1) is suspended to permit the
committee to amend text not in disagreement in proposed SECTION 5 of
the bill, in amended Section 54.016(a), Water Code, 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 this chapter [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. The commission may approve the creation of a district that
includes any portion of the land covered by the city's consent to
creation of the district. The legislature may create and may
validate the creation of a district that includes any portion of the
land covered by the city's consent to the creation of the district.
Explanation: The change is necessary to clarify that a
request to a city for its written consent to the inclusion of land
within a district in accordance with Section 42.042, Local
Government Code, 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.
(2) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill by adding proposed SECTIONS 3 and 4 to
the bill to read as follows:
SECTION 3. 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 4. 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.]
Explanation: The change is necessary to change the petition
requirements for creation of or annexation of land to certain
special purpose districts.