Texas 2019 - 86th Regular

Texas House Bill HB2914 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2914
	1	+	By: Bell of Montgomery (Senate Sponsor - Alvarado) H.B. No. 2914
	2	+	(In the Senate - Received from the House April 26, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on Water &
	4	+	Rural Affairs; May 13, 2019, reported favorably by the following
	5	+	vote: Yeas 6, Nays 0; May 13, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the necessity of hearings regarding the dissolution or
6	12		conversion of certain conservation and reclamation districts.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Subchapter K, Chapter 49, Water Code, is amended
9	15		by adding Section 49.3225 to read as follows:
10	16		Sec. 49.3225. ORDER WITHOUT HEARING. (a) The commission
11	17		may adopt an order under Section 49.324 without conducting a
12	18		hearing if it receives a petition under this section from:
13	19		(1) the owners of the majority in value of the land in
14	20		the district, as shown by the most recent certified tax roll of the
15	21		central appraisal district of the county or counties in which the
16	22		district is located; or
17	23		(2) the board of directors of the district.
18	24		(b) Not later than the 10th day after the date a petition is
19	25		submitted under Subsection (a), the petitioners shall:
20	26		(1) provide notice of the petition by certified mail:
21	27		(A) to all the landowners in the district, as
22	28		shown by the most recent certified tax roll of the central appraisal
23	29		district of the county or counties in which the district is located,
24	30		who did not sign the petition; and
25	31		(B) if the petition was submitted by persons
26	32		described by Subsection (a)(1), to the board of directors; and
27	33		(2) certify in writing to the commission that the
28	34		requirements of Subdivision (1) have been met.
29	35		(c) A notice provided under Subsection (b)(1) must state
30	36		that the landowner may file a written objection to the dissolution
31	37		of the district not later than the 30th day after the date the
32	38		notice was received.
33	39		(d) If a landowner files a written objection to the
34	40		dissolution of the district with the commission within the period
35	41		specified in the notice, the commission shall hold a hearing on the
36	42		dissolution of the district. The commission shall mail notice of
37	43		the hearing by first class mail to:
38	44		(1) the petitioners, and the board of directors if the
39	45		board of directors did not submit the petition; and
40	46		(2) each landowner who timely filed a written
41	47		objection to the dissolution.
42	48		(e) A district may not be dissolved under this section or
43	49		any other provision of law if the district:
44	50		(1) has any outstanding bonded indebtedness unless the
45	51		bonded indebtedness is assumed by a third party, or repaid or
46	52		defeased in accordance with the order or resolution authorizing the
47	53		issuance of the bonds;
48	54		(2) has a contractual obligation to pay money unless
49	55		the obligation is assumed by a third party, fully paid in accordance
50	56		with the contract, or waived by the obligee; or
51	57		(3) owns, operates, or maintains public works,
52	58		facilities, or improvements, unless the ownership, operation, or
53	59		maintenance is assumed by a third party.
54	60		SECTION 2. Section 54.030(b), Water Code, is amended to
55	61		read as follows:
56	62		(b) The governing body of a district which desires to
57	63		convert into a district operating under this chapter shall adopt
58	64		and enter in the minutes of the governing body a resolution
59	65		declaring that in its judgment, conversion into a municipal utility
60	66		district operating under this chapter and under Article XVI,
61	67		Section 59, of the Texas Constitution, would serve the best
62	68		interest of the district and would be a benefit to the land and
63	69		property included in the district. The resolution shall also
64	70		request that the commission approve [to hold a hearing on the
65	71		question of] the conversion of the district.
66	72		SECTION 3. Section 54.032, Water Code, is amended to read as
67	73		follows:
68	74		Sec. 54.032. CONVERSION OF DISTRICT: NOTICE. (a) Notice
69	75		of the conversion [hearing] shall be given by publishing notice in a
70	76		newspaper with general circulation in the county or counties in
71	77		which the district is located.
72	78		(b) The notice shall be published once a week for two
73	79		consecutive weeks [with the first publication to be made not less
74	80		than 14 full days before the time set for the hearing].
75	81		(c) The notice shall:
76	82		(1) [state the time and place of the hearing;
77	83		[(2)] set out the resolution adopted by the district
78	84		in full; and
79	85		(2) [(3)] notify all interested persons how they may
80	86		offer comments [to appear and offer testimony] for or against the
81	87		proposal contained in the resolution.
82	88		SECTION 4. Section 54.033(a), Water Code, is amended to
83	89		read as follows:
84	90		(a) If [After a hearing, if] the commission finds that
85	91		conversion of the district into one operating under this chapter
86	92		would serve the best interest of the district and would be a benefit
87	93		to the land and property included in the district, it shall enter an
88	94		order making this finding and the district shall become a district
89	95		operating under this chapter and no confirmation election shall be
90	96		required.
91	97		SECTION 5. Section 54.031, Water Code, is repealed.
92	98		SECTION 6. This Act takes effect September 1, 2019.
93		-	______________________________ ______________________________
94		-	President of the Senate Speaker of the House
95		-	I certify that H.B. No. 2914 was passed by the House on April
96		-	25, 2019, by the following vote: Yeas 136, Nays 1, 1 present, not
97		-	voting.
98		-	______________________________
99		-	Chief Clerk of the House
100		-	I certify that H.B. No. 2914 was passed by the Senate on May
101		-	21, 2019, by the following vote: Yeas 31, Nays 0.
102		-	______________________________
103		-	Secretary of the Senate
104		-	APPROVED: _____________________
105		-	Date
106		-	_____________________
107		-	Governor
	99	+	* * * * *