| 1 | 1 | | 86R12989 SLB-F |
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| 2 | 2 | | By: Lucio S.B. No. 1810 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the conversion or dissolution of certain conservation |
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| 8 | 8 | | and reclamation districts. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 49.321, Water Code, is amended to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | Sec. 49.321. DISSOLUTION AUTHORITY. After notice [and |
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| 13 | 13 | | hearing], the commission or executive director may dissolve any |
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| 14 | 14 | | district that is inactive for a period of five consecutive years and |
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| 15 | 15 | | has no outstanding bonded indebtedness. |
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| 16 | 16 | | SECTION 2. Section 49.324, Water Code, is amended to read as |
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| 17 | 17 | | follows: |
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| 18 | 18 | | Sec. 49.324. ORDER OF DISSOLUTION. The commission or the |
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| 19 | 19 | | executive director may enter an order dissolving the district [at |
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| 20 | 20 | | the conclusion of the hearing] if the commission or executive |
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| 21 | 21 | | director [it] finds that the district has performed none of the |
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| 22 | 22 | | functions for which it was created for a period of five consecutive |
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| 23 | 23 | | years [before the day of the proceeding] and that the district has |
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| 24 | 24 | | no outstanding bonded indebtedness. |
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| 25 | 25 | | SECTION 3. Section 49.326(a), Water Code, is amended to |
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| 26 | 26 | | read as follows: |
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| 27 | 27 | | (a) Appeals from an [a commission] order dissolving a |
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| 28 | 28 | | district shall be filed and heard in the district court of any of |
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| 29 | 29 | | the counties in which the land is located. |
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| 30 | 30 | | SECTION 4. Section 54.030(b), Water Code, is amended to |
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| 31 | 31 | | read as follows: |
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| 32 | 32 | | (b) The governing body of a district which desires to |
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| 33 | 33 | | convert into a district operating under this chapter shall adopt |
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| 34 | 34 | | and enter in the minutes of the governing body a resolution |
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| 35 | 35 | | declaring that in its judgment, conversion into a municipal utility |
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| 36 | 36 | | district operating under this chapter and under Article XVI, |
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| 37 | 37 | | Section 59, of the Texas Constitution, would serve the best |
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| 38 | 38 | | interest of the district and would be a benefit to the land and |
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| 39 | 39 | | property included in the district. The resolution shall also |
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| 40 | 40 | | request that the commission approve [to hold a hearing on the |
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| 41 | 41 | | question of] the conversion of the district. |
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| 42 | 42 | | SECTION 5. Section 54.032, Water Code, is amended to read as |
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| 43 | 43 | | follows: |
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| 44 | 44 | | Sec. 54.032. CONVERSION OF DISTRICT: NOTICE. (a) Notice |
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| 45 | 45 | | of the conversion [hearing] shall be given by publishing notice in a |
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| 46 | 46 | | newspaper with general circulation in the county or counties in |
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| 47 | 47 | | which the district is located. |
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| 48 | 48 | | (b) The notice shall be published once a week for two |
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| 49 | 49 | | consecutive weeks [with the first publication to be made not less |
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| 50 | 50 | | than 14 full days before the time set for the hearing]. |
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| 51 | 51 | | (c) The notice shall: |
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| 52 | 52 | | (1) [state the time and place of the hearing; |
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| 53 | 53 | | [(2)] set out the resolution adopted by the district |
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| 54 | 54 | | in full; and |
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| 55 | 55 | | (2) [(3)] notify all interested persons how they may |
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| 56 | 56 | | offer comments [to appear and offer testimony] for or against the |
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| 57 | 57 | | proposal contained in the resolution. |
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| 58 | 58 | | SECTION 6. Section 54.033, Water Code, is amended to read as |
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| 59 | 59 | | follows: |
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| 60 | 60 | | Sec. 54.033. CONVERSION OF DISTRICT; FINDINGS. (a) If |
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| 61 | 61 | | [After a hearing, if] the commission or the executive director |
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| 62 | 62 | | finds that conversion of the district into one operating under this |
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| 63 | 63 | | chapter would serve the best interest of the district and would be a |
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| 64 | 64 | | benefit to the land and property included in the district, the |
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| 65 | 65 | | commission or executive director [it] shall enter an order making |
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| 66 | 66 | | this finding and the district shall become a district operating |
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| 67 | 67 | | under this chapter and no confirmation election shall be required. |
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| 68 | 68 | | (b) If the commission or the executive director finds that |
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| 69 | 69 | | the conversion of the district would not serve the best interest of |
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| 70 | 70 | | the district and would not be a benefit to the land and property |
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| 71 | 71 | | included in the district, the commission or executive director [it] |
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| 72 | 72 | | shall enter an order against conversion of the district into one |
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| 73 | 73 | | operating under this chapter. |
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| 74 | 74 | | (c) The findings of the commission or the executive director |
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| 75 | 75 | | entered under this section shall be subject to appeal or review |
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| 76 | 76 | | within 30 days after entry of the order [of the commission] granting |
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| 77 | 77 | | or denying the conversion. |
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| 78 | 78 | | (d) A copy of the [commission] order converting a district |
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| 79 | 79 | | shall be filed in the deed records of the county or counties in |
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| 80 | 80 | | which the district is located. |
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| 81 | 81 | | SECTION 7. Sections 49.322 and 54.031, Water Code, are |
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| 82 | 82 | | repealed. |
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| 83 | 83 | | SECTION 8. This Act takes effect September 1, 2019. |
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