86R12989 SLB-F
By: Lucio S.B. No. 1810
A BILL TO BE ENTITLED
AN ACT
relating to the conversion or dissolution of certain conservation
and reclamation districts.
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 or executive director 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 or the
executive director may enter an order dissolving the district [at
the conclusion of the hearing] if the commission or executive
director [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 49.326(a), Water Code, is amended to
read as follows:
(a) Appeals from an [a commission] order dissolving a
district shall be filed and heard in the district court of any of
the counties in which the land is located.
SECTION 4. 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 5. 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 6. Section 54.033, Water Code, is amended to read as
follows:
Sec. 54.033. CONVERSION OF DISTRICT; FINDINGS. (a) If
[After a hearing, if] the commission or the executive director
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, the
commission or executive director [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.
(b) If the commission or the executive director finds that
the conversion of the district would not serve the best interest of
the district and would not be a benefit to the land and property
included in the district, the commission or executive director [it]
shall enter an order against conversion of the district into one
operating under this chapter.
(c) The findings of the commission or the executive director
entered under this section shall be subject to appeal or review
within 30 days after entry of the order [of the commission] granting
or denying the conversion.
(d) A copy of the [commission] order converting a district
shall be filed in the deed records of the county or counties in
which the district is located.
SECTION 7. Sections 49.322 and 54.031, Water Code, are
repealed.
SECTION 8. This Act takes effect September 1, 2019.