| 1 | 1 | | 89R1010 SCP-F |
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| 2 | 2 | | By: Hall S.B. No. 102 |
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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 notice and petition for the creation of a municipal |
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| 10 | 10 | | utility district in certain counties. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Sections 54.001(4) and (5), Water Code, are |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (4) "Commission" means the Texas [Natural Resource |
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| 15 | 15 | | Conservation] Commission on Environmental Quality. |
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| 16 | 16 | | (5) "Executive director" means the executive director |
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| 17 | 17 | | of the commission [Texas Natural Resource Conservation |
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| 18 | 18 | | Commission]. |
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| 19 | 19 | | SECTION 2. Subchapter B, Chapter 54, Water Code, is amended |
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| 20 | 20 | | by adding Section 54.0135 to read as follows: |
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| 21 | 21 | | Sec. 54.0135. PRE-PETITION NOTICE TO CERTAIN COUNTIES. (a) |
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| 22 | 22 | | This section applies only to a proposed district described by |
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| 23 | 23 | | Section 54.0161(a). |
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| 24 | 24 | | (b) Before a petition requesting creation of a proposed |
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| 25 | 25 | | district is filed with the commission under Section 54.014, notice |
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| 26 | 26 | | must be sent by certified mail to the commissioners court of each |
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| 27 | 27 | | county in which the proposed district is to be located. The notice |
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| 28 | 28 | | must: |
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| 29 | 29 | | (1) generally describe the boundaries of the land to |
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| 30 | 30 | | be included in the proposed district, including, if possible, by |
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| 31 | 31 | | metes and bounds or by lot and block number if there is a recorded |
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| 32 | 32 | | map or plat and survey of the area to be included in the district; |
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| 33 | 33 | | and |
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| 34 | 34 | | (2) inform the commissioners court of the right to: |
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| 35 | 35 | | (A) respond to the notice provided under this |
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| 36 | 36 | | section; |
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| 37 | 37 | | (B) review the petition requesting creation of |
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| 38 | 38 | | the proposed district; and |
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| 39 | 39 | | (C) submit a written opinion on the creation of |
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| 40 | 40 | | the proposed district under Section 54.0161. |
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| 41 | 41 | | (c) Notice under this section must be sent by certified mail |
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| 42 | 42 | | at least 30 days before the date a petition requesting creation of |
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| 43 | 43 | | the proposed district is filed with the commission under Section |
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| 44 | 44 | | 54.014. |
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| 45 | 45 | | SECTION 3. Section 54.015, Water Code, is amended to read as |
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| 46 | 46 | | follows: |
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| 47 | 47 | | Sec. 54.015. CONTENTS OF PETITION. The petition shall: |
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| 48 | 48 | | (1) describe the boundaries of the proposed district |
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| 49 | 49 | | by metes and bounds or by lot and block number, if there is a |
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| 50 | 50 | | recorded map or plat and survey of the area; |
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| 51 | 51 | | (2) state the general nature of the work proposed to be |
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| 52 | 52 | | done, the necessity for the work, and the cost of the project as |
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| 53 | 53 | | then estimated by those filing the petition; [and] |
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| 54 | 54 | | (3) include a name of the district which shall be |
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| 55 | 55 | | generally descriptive of the locale of the district followed by the |
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| 56 | 56 | | words Municipal Utility District, or if a district is located |
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| 57 | 57 | | within one county, it may be designated "__________ County |
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| 58 | 58 | | Municipal Utility District No. ______." (Insert the name of the |
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| 59 | 59 | | county and proper consecutive number.) The proposed district shall |
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| 60 | 60 | | not have the same name as any other district in the same county; and |
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| 61 | 61 | | (4) for a district described by Section 54.0161(a), |
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| 62 | 62 | | include a copy of the notice described by Section 54.0135. |
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| 63 | 63 | | SECTION 4. Section 54.0135, Water Code, as added by this |
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| 64 | 64 | | Act, and Section 54.015, Water Code, as amended by this Act, apply |
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| 65 | 65 | | only to a petition requesting creation of a municipal utility |
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| 66 | 66 | | district that is filed with the Texas Commission on Environmental |
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| 67 | 67 | | Quality on or after the effective date of this Act. A petition |
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| 68 | 68 | | requesting creation of a municipal utility district that was filed |
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| 69 | 69 | | with the commission before the effective date of this Act is |
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| 70 | 70 | | governed by the law in effect on the date the petition was filed, |
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| 71 | 71 | | and the former law is continued in effect for that purpose. |
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| 72 | 72 | | SECTION 5. This Act takes effect September 1, 2025. |
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