89R13122 MP-D
By: Pierson H.B. No. 4404
A BILL TO BE ENTITLED
AN ACT
relating to the consideration of the provision of law enforcement,
fire protection, and emergency services by a commissioners court or
the Texas Commission on Environmental Quality when determining
whether to grant or deny a petition for the creation of certain
conservation and reclamation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.014, Water Code, is amended to read as
follows:
Sec. 51.014. CONTENTS OF PETITION. The petition shall
include:
(1) the name of the district;
(2) the area and boundaries of the district;
(3) the provision of the Texas Constitution under
which the district is to be organized;
(4) the purpose or purposes of the district;
(5) a statement of the general nature of the work to be
done and the necessity and feasibility of the project, with
reasonable detail and definiteness to assist the court or
commission passing on the petition in understanding the purpose,
utility, feasibility, and need; [and]
(6) if the district will be located outside the
boundaries of a municipality, a plan for:
(A) the provision of law enforcement, fire
protection, and emergency services in the district; and
(B) roads constructed in the district to allow
for a fire truck to turn around on the roads; and
(7) a statement of the estimated cost of the project
based on the information available to the person filing the
petition at the time of filing.
SECTION 2. Section 51.021(a), Water Code, is amended to
read as follows:
(a) The commissioners court or the commission shall grant
the petition requesting the creation of a district if it appears at
the hearing that:
(1) organization of the district as requested is
feasible and practicable;
(2) the land to be included and the residents of the
proposed district will be benefited by the creation of the
district;
(3) there is a public necessity or need for the
district; [and]
(4) law enforcement, fire protection, and emergency
services will be provided in the district;
(5) roads constructed in the district will allow for a
fire truck to turn around on the roads; and
(6) the creation of the district would further the
public welfare.
SECTION 3. Section 51.027, Water Code, is amended by adding
Subsection (a-1) to read as follows:
(a-1) The commission may grant a petition requesting the
creation of a district only if it appears at the hearing that:
(1) law enforcement, fire protection, and emergency
services will be provided in the district; and
(2) roads constructed in the district will allow for a
fire truck to turn around on the roads.
SECTION 4. Section 53.014, Water Code, is amended to read as
follows:
Sec. 53.014. REQUISITES OF PETITION. To be sufficient, the
petition must:
(1) be signed by a majority of the persons who hold
title to land in the proposed district that represents a total value
of more than 50 percent of the value of all the land in the proposed
district as indicated by the appraisal roll of the appraisal
district in which the proposed district is located. If there are
more than 50 persons holding title to land in the proposed district,
the petition is sufficient if signed by 50 of those persons; [and]
(2) if the district will be located outside the
boundaries of a municipality, include a plan for:
(A) the provision of law enforcement, fire
protection, and emergency services in the proposed district; and
(B) roads constructed in the district to allow
for a fire truck to turn around on the roads; and
(3) state:
(A) the boundaries of the proposed district;
(B) the general nature of the projects proposed
to be done;
(C) the necessity for the proposed district;
(D) the feasibility of the proposed district; and
(E) the proposed name for the district, which
must include the name of the county in which it is situated.
SECTION 5. Section 53.019, Water Code, is amended by adding
Subsection (d) to read as follows:
(d) The commissioners court may grant a petition requesting
the creation of a district only if it appears at the hearing that:
(1) law enforcement, fire protection, and emergency
services will be provided in the district; and
(2) roads constructed in the district will allow for a
fire truck to turn around on the roads.
SECTION 6. Section 54.015, Water Code, is amended to read as
follows:
Sec. 54.015. CONTENTS OF PETITION. The petition shall:
(1) describe the boundaries of the proposed district
by metes and bounds or by lot and block number, if there is a
recorded map or plat and survey of the area;
(2) state the general nature of the work proposed to be
done, the necessity for the work, and the cost of the project as
then estimated by those filing the petition; [and]
(3) if the district will be located outside the
boundaries of a municipality, include a plan for:
(A) the provision of law enforcement, fire
protection, and emergency services in the proposed district; and
(B) roads constructed in the district to allow
for a fire truck to turn around on the roads; and
(4) include a name of the district which shall be
generally descriptive of the locale of the district followed by the
words Municipal Utility District, or if a district is located
within one county, it may be designated "__________ County
Municipal Utility District No. ______." (Insert the name of the
county and proper consecutive number.) The proposed district shall
not have the same name as any other district in the same county.
SECTION 7. Section 54.021(b), Water Code, is amended to
read as follows:
(b) In determining if the project is feasible and
practicable and if it is necessary and would be a benefit to the
land included in the district, the commission shall consider:
(1) the availability of comparable service from other
systems, including but not limited to water districts,
municipalities, and regional authorities;
(2) the reasonableness of projected construction
costs, tax rates, and water and sewer rates; [and]
(3) if the district will be located outside the
boundaries of a municipality, whether:
(A) law enforcement, fire protection, and
emergency services will be provided in the district; and
(B) roads constructed in the district will allow
for a fire truck to turn around on the roads; and
(4) whether or not the district and its system and
subsequent development within the district will have an
unreasonable effect on the following:
(A) land elevation;
(B) subsidence;
(C) groundwater level within the region;
(D) recharge capability of a groundwater source;
(E) natural run-off rates and drainage;
(F) water quality; and
(G) total tax assessments on all land located
within a district.
SECTION 8. The change in law made by this Act applies only
to the creation of a water control and improvement district,
freshwater supply district, or a municipal utility district for
which a petition for the district's creation was filed on or after
the effective date of this Act. A petition for the creation of such
a district that was filed before the effective date of this Act and
is pending before a commissioners court or the Texas Commission on
Environmental Quality on the effective date of this Act is governed
by the law in effect on the date the petition was filed, and the
former law is continued in effect for that purpose.
SECTION 9. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.