Texas 2025 - 89th Regular

Texas House Bill HB4404 Compare Versions

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

Old	New	Differences
1	1	89R13122 MP-D
2	2	By: Pierson H.B. No. 4404
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the consideration of the provision of law enforcement,
10	10	fire protection, and emergency services by a commissioners court or
11	11	the Texas Commission on Environmental Quality when determining
12	12	whether to grant or deny a petition for the creation of certain
13	13	conservation and reclamation districts.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 51.014, Water Code, is amended to read as
16	16	follows:
17	17	Sec. 51.014. CONTENTS OF PETITION. The petition shall
18	18	include:
19	19	(1) the name of the district;
20	20	(2) the area and boundaries of the district;
21	21	(3) the provision of the Texas Constitution under
22	22	which the district is to be organized;
23	23	(4) the purpose or purposes of the district;
24	24	(5) a statement of the general nature of the work to be
25	25	done and the necessity and feasibility of the project, with
26	26	reasonable detail and definiteness to assist the court or
27	27	commission passing on the petition in understanding the purpose,
28	28	utility, feasibility, and need; [and]
29	29	(6) if the district will be located outside the
30	30	boundaries of a municipality, a plan for:
31	31	(A) the provision of law enforcement, fire
32	32	protection, and emergency services in the district; and
33	33	(B) roads constructed in the district to allow
34	34	for a fire truck to turn around on the roads; and
35	35	(7) a statement of the estimated cost of the project
36	36	based on the information available to the person filing the
37	37	petition at the time of filing.
38	38	SECTION 2. Section 51.021(a), Water Code, is amended to
39	39	read as follows:
40	40	(a) The commissioners court or the commission shall grant
41	41	the petition requesting the creation of a district if it appears at
42	42	the hearing that:
43	43	(1) organization of the district as requested is
44	44	feasible and practicable;
45	45	(2) the land to be included and the residents of the
46	46	proposed district will be benefited by the creation of the
47	47	district;
48	48	(3) there is a public necessity or need for the
49	49	district; [and]
50	50	(4) law enforcement, fire protection, and emergency
51	51	services will be provided in the district;
52	52	(5) roads constructed in the district will allow for a
53	53	fire truck to turn around on the roads; and
54	54	(6) the creation of the district would further the
55	55	public welfare.
56	56	SECTION 3. Section 51.027, Water Code, is amended by adding
57	57	Subsection (a-1) to read as follows:
58	58	(a-1) The commission may grant a petition requesting the
59	59	creation of a district only if it appears at the hearing that:
60	60	(1) law enforcement, fire protection, and emergency
61	61	services will be provided in the district; and
62	62	(2) roads constructed in the district will allow for a
63	63	fire truck to turn around on the roads.
64	64	SECTION 4. Section 53.014, Water Code, is amended to read as
65	65	follows:
66	66	Sec. 53.014. REQUISITES OF PETITION. To be sufficient, the
67	67	petition must:
68	68	(1) be signed by a majority of the persons who hold
69	69	title to land in the proposed district that represents a total value
70	70	of more than 50 percent of the value of all the land in the proposed
71	71	district as indicated by the appraisal roll of the appraisal
72	72	district in which the proposed district is located. If there are
73	73	more than 50 persons holding title to land in the proposed district,
74	74	the petition is sufficient if signed by 50 of those persons; [and]
75	75	(2) if the district will be located outside the
76	76	boundaries of a municipality, include a plan for:
77	77	(A) the provision of law enforcement, fire
78	78	protection, and emergency services in the proposed district; and
79	79	(B) roads constructed in the district to allow
80	80	for a fire truck to turn around on the roads; and
81	81	(3) state:
82	82	(A) the boundaries of the proposed district;
83	83	(B) the general nature of the projects proposed
84	84	to be done;
85	85	(C) the necessity for the proposed district;
86	86	(D) the feasibility of the proposed district; and
87	87	(E) the proposed name for the district, which
88	88	must include the name of the county in which it is situated.
89	89	SECTION 5. Section 53.019, Water Code, is amended by adding
90	90	Subsection (d) to read as follows:
91	91	(d) The commissioners court may grant a petition requesting
92	92	the creation of a district only if it appears at the hearing that:
93	93	(1) law enforcement, fire protection, and emergency
94	94	services will be provided in the district; and
95	95	(2) roads constructed in the district will allow for a
96	96	fire truck to turn around on the roads.
97	97	SECTION 6. Section 54.015, Water Code, is amended to read as
98	98	follows:
99	99	Sec. 54.015. CONTENTS OF PETITION. The petition shall:
100	100	(1) describe the boundaries of the proposed district
101	101	by metes and bounds or by lot and block number, if there is a
102	102	recorded map or plat and survey of the area;
103	103	(2) state the general nature of the work proposed to be
104	104	done, the necessity for the work, and the cost of the project as
105	105	then estimated by those filing the petition; [and]
106	106	(3) if the district will be located outside the
107	107	boundaries of a municipality, include a plan for:
108	108	(A) the provision of law enforcement, fire
109	109	protection, and emergency services in the proposed district; and
110	110	(B) roads constructed in the district to allow
111	111	for a fire truck to turn around on the roads; and
112	112	(4) include a name of the district which shall be
113	113	generally descriptive of the locale of the district followed by the
114	114	words Municipal Utility District, or if a district is located
115	115	within one county, it may be designated "__________ County
116	116	Municipal Utility District No. ______." (Insert the name of the
117	117	county and proper consecutive number.) The proposed district shall
118	118	not have the same name as any other district in the same county.
119	119	SECTION 7. Section 54.021(b), Water Code, is amended to
120	120	read as follows:
121	121	(b) In determining if the project is feasible and
122	122	practicable and if it is necessary and would be a benefit to the
123	123	land included in the district, the commission shall consider:
124	124	(1) the availability of comparable service from other
125	125	systems, including but not limited to water districts,
126	126	municipalities, and regional authorities;
127	127	(2) the reasonableness of projected construction
128	128	costs, tax rates, and water and sewer rates; [and]
129	129	(3) if the district will be located outside the
130	130	boundaries of a municipality, whether:
131	131	(A) law enforcement, fire protection, and
132	132	emergency services will be provided in the district; and
133	133	(B) roads constructed in the district will allow
134	134	for a fire truck to turn around on the roads; and
135	135	(4) whether or not the district and its system and
136	136	subsequent development within the district will have an
137	137	unreasonable effect on the following:
138	138	(A) land elevation;
139	139	(B) subsidence;
140	140	(C) groundwater level within the region;
141	141	(D) recharge capability of a groundwater source;
142	142	(E) natural run-off rates and drainage;
143	143	(F) water quality; and
144	144	(G) total tax assessments on all land located
145	145	within a district.
146	146	SECTION 8. The change in law made by this Act applies only
147	147	to the creation of a water control and improvement district,
148	148	freshwater supply district, or a municipal utility district for
149	149	which a petition for the district's creation was filed on or after
150	150	the effective date of this Act. A petition for the creation of such
151	151	a district that was filed before the effective date of this Act and
152	152	is pending before a commissioners court or the Texas Commission on
153	153	Environmental Quality on the effective date of this Act is governed
154	154	by the law in effect on the date the petition was filed, and the
155	155	former law is continued in effect for that purpose.
156	156	SECTION 9. This Act takes effect immediately if it receives
157	157	a vote of two-thirds of all the members elected to each house, as
158	158	provided by Section 39, Article III, Texas Constitution. If this
159	159	Act does not receive the vote necessary for immediate effect, this
160	160	Act takes effect September 1, 2025.