Texas 2025 - 89th Regular

Texas Senate Bill SB1914 Compare Versions

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

Old	New	Differences
1	1	89R9360 SCR-D
2	2	By: Eckhardt S.B. No. 1914
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to consent by a county commissioners court for the
10	10	creation of certain conservation and reclamation districts in the
11	11	unincorporated area of the county.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 49.316(k), Water Code, is amended to
14	14	read as follows:
15	15	(k) Municipal or county consent to the creation of the
16	16	district and to the inclusion of land in the district acts as
17	17	municipal or county consent to the creation of any new district
18	18	created by the division of the district and to the inclusion of land
19	19	in the new district.
20	20	SECTION 2. Section 54.0161, Water Code, is amended to read
21	21	as follows:
22	22	Sec. 54.0161. CONSENT [REVIEW] OF [CREATION BY] COUNTY.
23	23	(a) This section applies only to a proposed district any territory
24	24	[all] of which is to be located outside the corporate limits of a
25	25	municipality.
26	26	(a-1) Promptly after a petition is filed with the commission
27	27	to create a district to which this section applies, the commission
28	28	shall notify the commissioners court of each [any] county in which
29	29	the proposed district is to be located.
30	30	(a-2) The commissioners court of each [a] county in which
31	31	the district is to be located may review the petition for creation
32	32	and other evidence and information relating to the proposed
33	33	district that the commissioners consider necessary. Petitioners
34	34	for the creation of a district shall submit to the county
35	35	commissioners court any relevant information requested by the
36	36	commissioners court.
37	37	(b) A [In the event the county commissioners court votes to
38	38	submit information to the commission or to make a recommendation
39	39	regarding the creation of the proposed district, the] commissioners
40	40	court may [shall] submit to the commission[, at least 10 days before
41	41	the date set for action on the petition,] a written notice that
42	42	includes [opinion stating]:
43	43	(1) a statement of whether the commissioners court
44	44	consents, consents with modifications, or objects to [recommends]
45	45	the creation of the proposed district; and
46	46	(2) an explanation of the commissioners court's
47	47	modifications or objections, as applicable, with any other
48	48	findings, conclusions, and [other] information that the
49	49	commissioners court thinks would assist the commission in making a
50	50	final determination on the petition.
51	51	(b-1) A county commissioners court that does not submit to
52	52	the commission a written notice under Subsection (b) before the
53	53	121st day after receiving a notice of the petition under Subsection
54	54	(a-1) is considered to have consented to the creation of the
55	55	district.
56	56	(c) The commission may not grant [In passing on] a petition
57	57	unless [subject to this section, the commission shall consider the
58	58	written opinion submitted by] the county commissioners court of
59	59	each county in which the proposed district is to be located consents
60	60	to the creation of the district under this section.
61	61	SECTION 3. Subchapter A, Chapter 59, Water Code, is amended
62	62	by adding Section 59.0061 to read as follows:
63	63	Sec. 59.0061. CONSENT OF COUNTY. (a) This section applies
64	64	only to a proposed district:
65	65	(1) any territory of which is to be located outside the
66	66	corporate limits of a municipality; and
67	67	(2) which is to be created by a petition other than a
68	68	petition submitted under Section 59.003(a)(3).
69	69	(b) Promptly after a petition is filed with the commission
70	70	to create a district to which this section applies, the commission
71	71	shall notify the commissioners court of each county in which the
72	72	proposed district is to be located.
73	73	(c) The commissioners court of each county in which the
74	74	district is to be located may review the petition for creation and
75	75	other evidence and information relating to the proposed district
76	76	that the commissioners consider necessary. Petitioners for the
77	77	creation of a district shall submit to the county commissioners
78	78	court any relevant information requested by the commissioners
79	79	court.
80	80	(d) A commissioners court may submit to the commission a
81	81	written notice that includes:
82	82	(1) a statement of whether the commissioners court
83	83	consents, consents with modifications, or objects to the creation
84	84	of the proposed district; and
85	85	(2) an explanation of the commissioners court's
86	86	modifications or objections, as applicable, with any other
87	87	findings, conclusions, and information that the commissioners
88	88	court thinks would assist the commission in making a final
89	89	determination on the petition.
90	90	(e) A county commissioners court that does not submit to the
91	91	commission a written notice under Subsection (d) before the 121st
92	92	day after receiving a notice of the petition under Subsection (b) is
93	93	considered to have consented to the creation of the district.
94	94	(f) The commission may not grant a petition subject to this
95	95	section unless the commission receives the written notice submitted
96	96	by the county commissioners court consenting to the creation of the
97	97	district.
98	98	SECTION 4. Subchapter B, Chapter 65, Water Code, is amended
99	99	by adding Section 65.0161 to read as follows:
100	100	Sec. 65.0161. CONSENT OF COUNTY. (a) This section applies
101	101	only to a proposed district any territory of which is to be located
102	102	outside the corporate limits of a municipality.
103	103	(b) Promptly after a resolution is filed with the commission
104	104	under Section 65.014, the commission shall notify the commissioners
105	105	court of each county in which the proposed district is to be
106	106	located.
107	107	(c) The commissioners court of each county in which the
108	108	district is to be located may review the resolution and other
109	109	evidence and information relating to the proposed district that the
110	110	commissioners court considers necessary. The water supply or sewer
111	111	service corporation that proposes to create the district shall
112	112	submit to the county commissioners court any relevant information
113	113	requested by the commissioners court.
114	114	(d) A commissioners court may submit to the commission a
115	115	written notice that includes:
116	116	(1) a statement of whether the commissioners court
117	117	consents, consents with modifications, or objects to the creation
118	118	of the proposed district; and
119	119	(2) an explanation of the commissioners court's
120	120	modifications or objections, as applicable, with any other
121	121	findings, conclusions, and information that the commissioners
122	122	court thinks would assist the commission in making a final
123	123	determination on the petition.
124	124	(e) A county commissioners court that does not submit to the
125	125	commission a written notice under Subsection (d) before the 121st
126	126	day after receiving notice of the resolution under Subsection (b)
127	127	is considered to have consented to the creation of the district.
128	128	(f) The commission may not authorize the creation of the
129	129	district unless the county commissioners court of each county in
130	130	which the proposed district is to be located consents to the
131	131	creation of the district under this section.
132	132	SECTION 5. The changes in law made by this Act apply only to
133	133	a petition or resolution for the creation of a district filed with
134	134	the Texas Commission on Environmental Quality on or after the
135	135	effective date of this Act. A petition or resolution pending before
136	136	the Texas Commission on Environmental Quality on the effective date
137	137	of this Act is governed by the law in effect at the time the petition
138	138	or resolution was filed, and the former law is continued in effect
139	139	for that purpose.
140	140	SECTION 6. This Act takes effect September 1, 2025.