Texas 2025 - 89th Regular

Texas House Bill HB3139 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R9940 JBD-F
2	2	By: Zwiener H.B. No. 3139
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of a county overlying the Edwards Aquifer
10	10	to approve the creation of and issuance of bonds by a municipal
11	11	utility district.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 54.001, Water Code, is amended by adding
14	14	Subdivision (10) to read as follows:
15	15	(10) "Edwards Aquifer" has the meaning assigned by
16	16	Section 26.046.
17	17	SECTION 2. Section 54.0161(a), Water Code, is amended to
18	18	read as follows:
19	19	(a) This section applies only to a proposed district:
20	20	(1) all of which is to be located outside the corporate
21	21	limits of a municipality; and
22	22	(2) no part of which is to be located in a county that
23	23	contains a portion of the Edwards Aquifer.
24	24	SECTION 3. Subchapter B, Chapter 54, Water Code, is amended
25	25	by adding Section 54.0166 to read as follows:
26	26	Sec. 54.0166. NOTICE AND CONSENT OF COUNTY FOR DISTRICT
27	27	OVERLYING EDWARDS AQUIFER. (a) This section applies only to a
28	28	proposed district:
29	29	(1) all of which is to be located outside the corporate
30	30	limits of a municipality; and
31	31	(2) any part of which is to be located in a county that
32	32	contains a portion of the Edwards Aquifer.
33	33	(b) Promptly after a petition is filed with the commission
34	34	to create a district to which this section applies, the commission
35	35	shall notify the commissioners court of any county in which the
36	36	proposed district is to be located.
37	37	(c) The commissioners court of a county in which the
38	38	proposed district is to be located may review the petition for
39	39	creation and other evidence and information relating to the
40	40	proposed district that the commissioners consider necessary.
41	41	Petitioners for the creation of a district shall submit to the
42	42	county commissioners court any relevant information requested by
43	43	the commissioners court.
44	44	(d) A proposed district may not be created and include land
45	45	in a county to which this section applies unless the commissioners
46	46	court of the county adopts a measure by majority vote stating that
47	47	the county does not object to the inclusion of the land in the
48	48	district. The commission by rule may adopt a deadline for the
49	49	commissioners court of a county to object to the creation of a
50	50	district for the purposes of this section. The commission may not
51	51	approve a petition to create a district to which this section
52	52	applies if the commissioners court of the county objects under this
53	53	subsection.
54	54	(e) The commissioners court of a county may request from the
55	55	commission any information necessary for the purposes of this
56	56	section.
57	57	SECTION 4. Section 54.5161, Water Code, is amended by
58	58	amending Subsection (a) and adding Subsection (c) to read as
59	59	follows:
60	60	(a) Except as provided by Subsection (c), before [Before]
61	61	the commission gives final approval on any bond issue for the
62	62	purpose of financing a project of a district located wholly or
63	63	partly outside the extraterritorial jurisdiction of a city, the
64	64	commission shall notify the county commissioners of the county in
65	65	which the district is located that an application has been filed and
66	66	give the county an opportunity within 30 days after notification to
67	67	examine all information on file and submit a written opinion from
68	68	the commissioners court stating any findings, conclusions, or other
69	69	information that the commissioners court considers important to the
70	70	commission's final determination.
71	71	(c) Before the commission gives final approval on any bond
72	72	issue for the purpose of financing a project of a district to which
73	73	Section 54.0166 applies, in addition to the requirements of
74	74	Subsections (a) and (b), the commission shall provide the
75	75	commissioners court of the county an opportunity to reject the bond
76	76	issue through a measure adopted by a majority vote of the
77	77	commissioners court. The commissioners court of a county may
78	78	request from the commission any information necessary for the
79	79	purposes of this section. The commission may not give final
80	80	approval to a bond issue rejected by the commissioners court of a
81	81	county under this subsection.
82	82	SECTION 5. (a) Section 54.0166, Water Code, as added by
83	83	this Act, applies only to a petition for the creation of a municipal
84	84	utility district filed with the Texas Commission on Environmental
85	85	Quality on or after the effective date of this Act. A petition for
86	86	the creation of a municipal utility district filed with the Texas
87	87	Commission on Environmental Quality before the effective date of
88	88	this Act is governed by the law in effect on the date the petition
89	89	was filed, and the former law is continued in effect for that
90	90	purpose.
91	91	(b) Section 54.0166, Water Code, as added by this Act, does
92	92	not affect the validity of a municipal utility district created by
93	93	the Texas Commission on Environmental Quality before the effective
94	94	date of this Act.
95	95	(c) Section 54.5161, Water Code, as amended by this Act,
96	96	applies only to an application submitted to the Texas Commission on
97	97	Environmental Quality under that section on or after the effective
98	98	date of this Act. An application submitted to the Texas Commission
99	99	on Environmental Quality under Section 54.5161, Water Code, before
100	100	the effective date of this Act is governed by the law in effect on
101	101	that date, and the former law is continued in effect for that
102	102	purpose.
103	103	SECTION 6. This Act takes effect September 1, 2025.