Texas 2019 - 86th Regular

Texas House Bill HB2215 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: King of Uvalde H.B. No. 2215
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the powers and duties of the Texas Commission on
7	7	Environmental Quality regarding the approval of conservation and
8	8	reclamation district petitions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 49.321, Water Code, is amended to read as
11	11	follows:
12	12	Sec. 49.321. DISSOLUTION AUTHORITY. After notice [and
13	13	hearing], the commission may dissolve any district that is inactive
14	14	for a period of five consecutive years and has no outstanding bonded
15	15	indebtedness.
16	16	SECTION 2. Section 49.324, Water Code, is amended to read as
17	17	follows:
18	18	Sec. 49.324. ORDER OF DISSOLUTION. The commission may
19	19	enter an order dissolving the district [at the conclusion of the
20	20	hearing] if it finds that the district has performed none of the
21	21	functions for which it was created for a period of five consecutive
22	22	years [before the day of the proceeding] and that the district has
23	23	no outstanding bonded indebtedness.
24	24	SECTION 3. Section 54.030(b), Water Code, is amended to
25	25	read as follows:
26	26	(b) The governing body of a district which desires to
27	27	convert into a district operating under this chapter shall adopt
28	28	and enter in the minutes of the governing body a resolution
29	29	declaring that in its judgment, conversion into a municipal utility
30	30	district operating under this chapter and under Article XVI,
31	31	Section 59, of the Texas Constitution, would serve the best
32	32	interest of the district and would be a benefit to the land and
33	33	property included in the district. The resolution shall also
34	34	request [the commission to hold a hearing on the question] approval
35	35	of the conversion of the district.
36	36	SECTION 4. Section 54.032, Water Code, is amended to read as
37	37	follows:
38	38	Sec. 54.032. CONVERSION OF DISTRICT: NOTICE. (a) Notice of
39	39	the conversion [hearing] shall be given by publishing notice in a
40	40	newspaper with general circulation in the county or counties in
41	41	which the district is located.
42	42	(b) The notice shall be published once a week for two
43	43	consecutive weeks [with the first publication to be made not less
44	44	than 14 full days before the time set for the hearing].
45	45	(c) The notice shall:
46	46	(1) [state the time and place of the hearing;]
47	47	[(2)] set out the resolution adopted by the district
48	48	in full; and
49	49	(2) [(3)] notify all interested persons how they may
50	50	offer comments [to appear and offer testimony] for or against the
51	51	proposal contained in the resolution.
52	52	SECTION 5. Section 54.033(a), Water Code, is amended to
53	53	read as follows:
54	54	Sec. 54.033. CONVERSION OF DISTRICT; FINDINGS. (a) If
55	55	[After a hearing, if] the commission finds that conversion of the
56	56	district into one operating under this chapter would serve the best
57	57	interest of the district and would be a benefit to the land and
58	58	property included in the district, it shall enter an order making
59	59	this finding and the district shall become a district operating
60	60	under this chapter and no confirmation election shall be required.
61	61	SECTION 6. Water Code Sections 49.322 and 54.031 are
62	62	repealed.
63	63	SECTION 7. This Act takes effect September 1, 2019.