1 | 1 | | 89R3055 MP-D |
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2 | 2 | | By: Zwiener H.B. No. 2015 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the consideration of water conservation by the Texas |
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10 | 10 | | Commission on Environmental Quality when determining whether to |
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11 | 11 | | grant or deny a petition for the creation of a municipal utility |
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12 | 12 | | district. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Section 54.015, Water Code, is amended to read as |
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15 | 15 | | follows: |
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16 | 16 | | Sec. 54.015. CONTENTS OF PETITION. The petition shall: |
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17 | 17 | | (1) describe the boundaries of the proposed district |
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18 | 18 | | by metes and bounds or by lot and block number, if there is a |
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19 | 19 | | recorded map or plat and survey of the area; |
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20 | 20 | | (2) state the general nature of the work proposed to be |
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21 | 21 | | done, the necessity for the work, and the cost of the project as |
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22 | 22 | | then estimated by those filing the petition; [and] |
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23 | 23 | | (3) include a water conservation plan that meets the |
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24 | 24 | | requirements of Section 13.146, regardless of whether that section |
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25 | 25 | | applies to the district; and |
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26 | 26 | | (4) include a name of the district which shall be |
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27 | 27 | | generally descriptive of the locale of the district followed by the |
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28 | 28 | | words Municipal Utility District, or if a district is located |
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29 | 29 | | within one county, it may be designated "__________ County |
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30 | 30 | | Municipal Utility District No. ______." (Insert the name of the |
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31 | 31 | | county and proper consecutive number.) The proposed district shall |
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32 | 32 | | not have the same name as any other district in the same county. |
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33 | 33 | | SECTION 2. Section 54.021(b), Water Code, is amended to |
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34 | 34 | | read as follows: |
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35 | 35 | | (b) In determining if the project is feasible and |
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36 | 36 | | practicable and if it is necessary and would be a benefit to the |
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37 | 37 | | land included in the district, the commission shall consider: |
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38 | 38 | | (1) the availability of comparable service from other |
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39 | 39 | | systems, including but not limited to water districts, |
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40 | 40 | | municipalities, and regional authorities; |
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41 | 41 | | (2) the reasonableness of projected construction |
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42 | 42 | | costs, tax rates, and water and sewer rates; and |
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43 | 43 | | (3) whether or not the district and its system and |
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44 | 44 | | subsequent development within the district will have an |
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45 | 45 | | unreasonable effect on the following: |
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46 | 46 | | (A) land elevation; |
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47 | 47 | | (B) subsidence; |
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48 | 48 | | (C) groundwater level within the region; |
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49 | 49 | | (D) recharge capability of a groundwater source; |
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50 | 50 | | (E) natural run-off rates and drainage; |
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51 | 51 | | (F) water quality; [and] |
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52 | 52 | | (G) water conservation; and |
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53 | 53 | | (H) total tax assessments on all land located |
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54 | 54 | | within a district. |
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55 | 55 | | SECTION 3. This Act applies only to a petition requesting |
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56 | 56 | | the creation of a municipal utility district that is filed with the |
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57 | 57 | | Texas Commission on Environmental Quality on or after the effective |
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58 | 58 | | date of this Act. A petition requesting the creation of a municipal |
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59 | 59 | | utility district that was filed with the commission before the |
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60 | 60 | | effective date of this Act is governed by the law in effect on the |
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61 | 61 | | date the petition was filed, and the former law is continued in |
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62 | 62 | | effect for that purpose. |
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63 | 63 | | SECTION 4. This Act takes effect September 1, 2025. |
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