By: Bell of Montgomery H.B. No. 2914
A BILL TO BE ENTITLED
AN ACT
relating to the necessity of hearings regarding the dissolution or
conversion of certain conservation and reclamation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter K, Chapter 49, Water Code, is amended
by adding Section 49.3225 to read as follows:
Sec. 49.3225. ORDER WITHOUT HEARING. (a) The commission
may adopt an order under Section 49.324 without conducting a
hearing if it receives a petition under this section from:
(1) the owners of the majority in value of the land in
the district, as shown by the most recent certified tax roll of the
central appraisal district of the county or counties in which the
district is located; or
(2) the board of directors of the district.
(b) Within 10 days of submitting a petition under this
section, the petitioner shall:
(i) provide notice of the petition by
certified mail to all landowners in the district, as shown by the
most recent certified tax roll of the central appraisal district of
the county or counties in which the district is located, who did not
sign the petiti
on, and the board of directors if the petition was
submitted pursuant to subsection (b)(i) of this section, which
notice shall provide at least 30 days to file written objections
with the commission; and
(ii) certify in writing to the commission
that the notice requirements of subsection (c)(i) of this section
have been satisfied.
(c) If an owner of land within the district or a board member
files a written objection to the dissolution with the commission
within the time specified in the notice, the commission shall hold a
hearing on the dissolution petition. Notice of the hearing shall be
provided by first class mail to the petitioner, the board of
directors if the petition was submitted pursuant to subsection
(b)(i) of this section, and any landowner who timely filed a written
objection to the dissolution petition.
SECTION 2. 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 that the commission approve [to hold a hearing on the
question of] the conversion of the district.
SECTION 3. 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 4. Section 54.033(a), Water Code, is amended to
read as follows:
(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 5. Section 54.031, Water Code, is repealed.
SECTION 6. This Act takes effect September 1, 2019.