Texas 2023 - 88th 3rd C.S.

Texas Senate Bill SB60 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88S30550 SCP-D
2	2	By: Hall S.B. No. 60
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the notice and petition for the creation of a municipal
8	8	utility district in certain counties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 54.001(4) and (5), Water Code, are
11	11	amended to read as follows:
12	12	(4) "Commission" means the Texas [Natural Resource
13	13	Conservation] Commission on Environmental Quality.
14	14	(5) "Executive director" means the executive director
15	15	of the commission [Texas Natural Resource Conservation
16	16	Commission].
17	17	SECTION 2. Subchapter B, Chapter 54, Water Code, is amended
18	18	by adding Section 54.0135 to read as follows:
19	19	Sec. 54.0135. PRE-PETITION NOTICE TO CERTAIN COUNTIES. (a)
20	20	This section applies only to a proposed district described by
21	21	Section 54.0161(a).
22	22	(b) Before a petition requesting creation of a proposed
23	23	district is filed with the commission under Section 54.014, notice
24	24	must be sent by certified mail to the commissioners court of each
25	25	county in which the proposed district is to be located. The notice
26	26	must:
27	27	(1) generally describe the boundaries of the land to
28	28	be included in the proposed district, including, if possible, by
29	29	metes and bounds or by lot and block number if there is a recorded
30	30	map or plat and survey of the area to be included in the district;
31	31	and
32	32	(2) inform the commissioners court of the right to:
33	33	(A) respond to the notice provided under this
34	34	section;
35	35	(B) review the petition requesting creation of
36	36	the proposed district; and
37	37	(C) submit a written opinion on the creation of
38	38	the proposed district under Section 54.0161.
39	39	(c) Notice under this section must be sent by certified mail
40	40	at least 30 days before the date a petition requesting creation of
41	41	the proposed district is filed with the commission under Section
42	42	54.014.
43	43	SECTION 3. Section 54.015, Water Code, is amended to read as
44	44	follows:
45	45	Sec. 54.015. CONTENTS OF PETITION. The petition shall:
46	46	(1) describe the boundaries of the proposed district
47	47	by metes and bounds or by lot and block number, if there is a
48	48	recorded map or plat and survey of the area;
49	49	(2) state the general nature of the work proposed to be
50	50	done, the necessity for the work, and the cost of the project as
51	51	then estimated by those filing the petition; [and]
52	52	(3) include a name of the district which shall be
53	53	generally descriptive of the locale of the district followed by the
54	54	words Municipal Utility District, or if a district is located
55	55	within one county, it may be designated "__________ County
56	56	Municipal Utility District No. ______." (Insert the name of the
57	57	county and proper consecutive number.) The proposed district shall
58	58	not have the same name as any other district in the same county; and
59	59	(4) for a district described by Section 54.0161,
60	60	include a copy of the notice described by Section 54.0135.
61	61	SECTION 4. Section 54.0135, Water Code, as added by this
62	62	Act, and Section 54.015, Water Code, as amended by this Act, apply
63	63	only to a petition requesting creation of a municipal utility
64	64	district filed with the Texas Commission on Environmental Quality
65	65	on or after the effective date of this Act. A petition requesting
66	66	creation of a municipal utility district pending before the Texas
67	67	Commission on Environmental Quality on the effective date of this
68	68	Act is governed by the law in effect on the date the petition was
69	69	filed, and the former law is continued in effect for that purpose.
70	70	SECTION 5. This Act takes effect on the 91st day after the
71	71	last day of the legislative session.