By: King of Uvalde H.B. No. 2215
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Texas Commission on
Environmental Quality regarding the approval of conservation and
reclamation district petitions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49.321, Water Code, is amended to read as
follows:
Sec. 49.321. DISSOLUTION AUTHORITY. After notice [and
hearing], the commission may dissolve any district that is inactive
for a period of five consecutive years and has no outstanding bonded
indebtedness.
SECTION 2. Section 49.324, Water Code, is amended to read as
follows:
Sec. 49.324. ORDER OF DISSOLUTION. The commission may
enter an order dissolving the district [at the conclusion of the
hearing] if it finds that the district has performed none of the
functions for which it was created for a period of five consecutive
years [before the day of the proceeding] and that the district has
no outstanding bonded indebtedness.
SECTION 3. Section 54.030(b), Water Code, is amended to
read as follows:
(b) The governing body of a district which desires to
convert into a district operating under this chapter shall adopt
and enter in the minutes of the governing body a resolution
declaring that in its judgment, conversion into a municipal utility
district operating under this chapter and under Article XVI,
Section 59, of the Texas Constitution, would serve the best
interest of the district and would be a benefit to the land and
property included in the district. The resolution shall also
request [the commission to hold a hearing on the question] approval
of the conversion of the district.
SECTION 4. Section 54.032, Water Code, is amended to read as
follows:
Sec. 54.032. CONVERSION OF DISTRICT: NOTICE. (a) Notice of
the conversion [hearing] shall be given by publishing notice in a
newspaper with general circulation in the county or counties in
which the district is located.
(b) The notice shall be published once a week for two
consecutive weeks [with the first publication to be made not less
than 14 full days before the time set for the hearing].
(c) The notice shall:
(1) [state the time and place of the hearing;]
[(2)] set out the resolution adopted by the district
in full; and
(2) [(3)] notify all interested persons how they may
offer comments [to appear and offer testimony] for or against the
proposal contained in the resolution.
SECTION 5. Section 54.033(a), Water Code, is amended to
read as follows:
Sec. 54.033. CONVERSION OF DISTRICT; FINDINGS. (a) If
[After a hearing, if] the commission finds that conversion of the
district into one operating under this chapter would serve the best
interest of the district and would be a benefit to the land and
property included in the district, it shall enter an order making
this finding and the district shall become a district operating
under this chapter and no confirmation election shall be required.
SECTION 6. Water Code Sections 49.322 and 54.031 are
repealed.
SECTION 7. This Act takes effect September 1, 2019.