By: Creighton S.R. No. 936
SENATE RESOLUTION
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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 28, 2017, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate