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Texas Senate Bill SR936

Texas 2017 - 85th Regular

Texas Senate Bill SR936 Compare Versions

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12 By: Creighton S.R. No. 936
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4- SENATE RESOLUTION
5+ R E S O L U T I O N
56 BE IT RESOLVED by the Senate of the State of Texas, 85th
67 Legislature, Regular Session, 2017, That Senate Rule 12.03 be
78 suspended in part as provided by Senate Rule 12.08 to enable the
8- conference committee appointed to resolve the differences on
9- Senate Bill 2014 (the administration of certain water districts)
10- to consider and take action on the following matter:
9+ conference committee appointed to resolve the differences on Senate
10+ Bill 2014 (the administration of certain water districts) to
11+ consider and take action on the following matter:
1112 (1) Senate Rule 12.03(1) is suspended to permit the
12- committee to amend text not in disagreement in proposed SECTION 5
13- of the bill, in amended Section 54.016(a), Water Code, to read as
13+ committee to amend text not in disagreement in proposed SECTION 5 of
14+ the bill, in amended Section 54.016(a), Water Code, to read as
1415 follows:
15- (a) No land within the corporate limits of a city or
16- within the extraterritorial jurisdiction of a city, shall be
17- included in a district unless the city grants its written
18- consent, by resolution or ordinance, to the inclusion of the land
19- within the district in accordance with Section 42.042, Local
20- Government Code, and this section. The request to a city for its
21- written consent to the creation of a district, shall be signed by
22- a majority in value of the holders of title of the land within the
23- proposed district as indicated by the county tax rolls [or, if
24- there are more than 50 persons holding title to the land in the
25- proposed district as indicated by the county tax rolls, the
26- request to the city will be sufficient if it is signed by 50
27- holders of title to the land in the district]. A petition for the
28- written consent of a city to the inclusion of land within a
29- district shall describe the boundaries of the land to be included
30- in the district by metes and bounds or by lot and block number, if
31- there is a recorded map or plat and survey of the area, and state
32- the general nature of the work proposed to be done, the necessity
33- for the work, and the cost of the project as then estimated by
34- those filing the petition. If, at the time a petition is filed
35- with a city for creation of a district, the district proposes to
36- connect to a city's water or sewer system or proposes to contract
37- with a regional water and wastewater provider which has been
38- designated as such by the commission as of the date such petition
39- is filed, to which the city has made a capital contribution for
40- the water and wastewater facilities serving the area, the
41- proposed district shall be designated as a "city service
42- district." If such proposed district does not meet the criteria
43- for a city service district at the time the petition seeking
44- creation is filed, such district shall be designated as a
45- "noncity service district." The city's consent shall not place
46- any restrictions or conditions on the creation of a noncity
47- service district as defined by this chapter [Chapter 54 of the
48- Texas Water Code] other than those expressly provided in
49- Subsection (e) of this section and shall specifically not limit
50- the amounts of the district's bonds. A city may not require
51- annexation as a consent to creation of any district. A city shall
52- not refuse to approve a district bond issue for any reason except
53- that the district is not in compliance with valid consent
54- requirements applicable to the district. If a city grants its
55- written consent without the concurrence of the applicant to the
56- creation of a noncity service district containing conditions or
57- restrictions that the petitioning land owner or owners
16+ (a) No land within the corporate limits of a city or within
17+ the extraterritorial jurisdiction of a city, shall be included in a
18+ district unless the city grants its written consent, by resolution
19+ or ordinance, to the inclusion of the land within the district in
20+ accordance with Section 42.042, Local Government Code, and this
21+ section. The request to a city for its written consent to the
22+ creation of a district, shall be signed by a majority in value of
23+ the holders of title of the land within the proposed district as
24+ indicated by the county tax rolls [or, if there are more than 50
25+ persons holding title to the land in the proposed district as
26+ indicated by the county tax rolls, the request to the city will be
27+ sufficient if it is signed by 50 holders of title to the land in the
28+ district]. A petition for the written consent of a city to the
29+ inclusion of land within a district shall describe the boundaries
30+ of the land to be included in the district by metes and bounds or by
31+ lot and block number, if there is a recorded map or plat and survey
32+ of the area, and state the general nature of the work proposed to be
33+ done, the necessity for the work, and the cost of the project as
34+ then estimated by those filing the petition. If, at the time a
35+ petition is filed with a city for creation of a district, the
36+ district proposes to connect to a city's water or sewer system or
37+ proposes to contract with a regional water and wastewater provider
38+ which has been designated as such by the commission as of the date
39+ such petition is filed, to which the city has made a capital
40+ contribution for the water and wastewater facilities serving the
41+ area, the proposed district shall be designated as a "city service
42+ district." If such proposed district does not meet the criteria for
43+ a city service district at the time the petition seeking creation is
44+ filed, such district shall be designated as a "noncity service
45+ district." The city's consent shall not place any restrictions or
46+ conditions on the creation of a noncity service district as defined
47+ by this chapter [Chapter 54 of the Texas Water Code] other than
48+ those expressly provided in Subsection (e) of this section and
49+ shall specifically not limit the amounts of the district's bonds. A
50+ city may not require annexation as a consent to creation of any
51+ district. A city shall not refuse to approve a district bond issue
52+ for any reason except that the district is not in compliance with
53+ valid consent requirements applicable to the district. If a city
54+ grants its written consent without the concurrence of the applicant
55+ to the creation of a noncity service district containing conditions
56+ or restrictions that the petitioning land owner or owners
5857 reasonably believe exceed the city's powers, such land owner or
5958 owners may petition the commission to create the district and to
60- modify the conditions and restrictions of the city's consent.
61- The commission may declare any provision of the consent to be
62- null and void. The commission may approve the creation of a
63- district that includes any portion of the land covered by the
64- city's consent to creation of the district. The legislature may
65- create and may validate the creation of a district that includes
66- any portion of the land covered by the city's consent to the
67- creation of the district.
59+ modify the conditions and restrictions of the city's consent. The
60+ commission may declare any provision of the consent to be null and
61+ void. The commission may approve the creation of a district that
62+ includes any portion of the land covered by the city's consent to
63+ creation of the district. The legislature may create and may
64+ validate the creation of a district that includes any portion of the
65+ land covered by the city's consent to the creation of the district.
6866 Explanation: The change is necessary to clarify that a
6967 request to a city for its written consent to the inclusion of land
7068 within a district in accordance with Section 42.042, Local
7169 Government Code, shall be signed by a majority in value of the
7270 holders of title of the land within the proposed district as
7371 indicated by the county tax rolls.
7472 (2) Senate Rule 12.03(4) is suspended to permit the
7573 committee to add text on a matter not included in either the house
76- or senate version of the bill by adding proposed SECTIONS 3 and 4
77- to the bill to read as follows:
74+ or senate version of the bill by adding proposed SECTIONS 3 and 4 to
75+ the bill to read as follows:
7876 SECTION 3. Section 49.302(b), Water Code, is amended to
7977 read as follows:
80- (b) A petition requesting the annexation of a defined
81- area signed by a majority in value of the owners of land in the
82- defined area, as shown by the tax rolls of the central appraisal
83- district of the county or counties in which such area is located,
84- [or signed by 50 landowners if the number of landowners is more
85- than 50,] shall describe the land by metes and bounds or by lot
86- and block number if there is a recorded plat of the area and shall
87- be filed with the secretary of the board.
88- SECTION 4. Section 54.014, Water Code, is amended to read
89- as follows:
78+ (b) A petition requesting the annexation of a defined area
79+ signed by a majority in value of the owners of land in the defined
80+ area, as shown by the tax rolls of the central appraisal district of
81+ the county or counties in which such area is located, [or signed by
82+ 50 landowners if the number of landowners is more than 50,] shall
83+ describe the land by metes and bounds or by lot and block number if
84+ there is a recorded plat of the area and shall be filed with the
85+ secretary of the board.
86+ SECTION 4. Section 54.014, Water Code, is amended to read as
87+ follows:
9088 Sec. 54.014. PETITION. When it is proposed to create a
9189 district, a petition requesting creation shall be filed with the
92- commission. The petition shall be signed by a majority in value
93- of the holders of title of the land within the proposed district,
94- as indicated by the tax rolls of the central appraisal district.
95- [If there are more than 50 persons holding title to the land in
96- the proposed district, as indicated by the tax rolls of the
97- central appraisal district, the petition is sufficient if it is
98- signed by 50 holders of title to the land.]
99- Explanation: The change is necessary to change the
100- petition requirements for creation of or annexation of land to
101- certain special purpose districts.
102- _______________________________
103- President of the Senate
104- I hereby certify that the
105- above Resolution was adopted by
106- the Senate on May 28, 2017, by the
107- following vote: Yeas 31, Nays 0.
108- _______________________________
109- Secretary of the Senate
90+ commission. The petition shall be signed by a majority in value of
91+ the holders of title of the land within the proposed district, as
92+ indicated by the tax rolls of the central appraisal district. [If
93+ there are more than 50 persons holding title to the land in the
94+ proposed district, as indicated by the tax rolls of the central
95+ appraisal district, the petition is sufficient if it is signed by 50
96+ holders of title to the land.]
97+ Explanation: The change is necessary to change the petition
98+ requirements for creation of or annexation of land to certain
99+ special purpose districts.