89R9360 SCR-D
By: Eckhardt S.B. No. 1914
A BILL TO BE ENTITLED
AN ACT
relating to consent by a county commissioners court for the
creation of certain conservation and reclamation districts in the
unincorporated area of the county.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49.316(k), Water Code, is amended to
read as follows:
(k) Municipal or county consent to the creation of the
district and to the inclusion of land in the district acts as
municipal or county consent to the creation of any new district
created by the division of the district and to the inclusion of land
in the new district.
SECTION 2. Section 54.0161, Water Code, is amended to read
as follows:
Sec. 54.0161. CONSENT [REVIEW] OF [CREATION BY] COUNTY.
(a) This section applies only to a proposed district any territory
[all] of which is to be located outside the corporate limits of a
municipality.
(a-1) Promptly after a petition is filed with the commission
to create a district to which this section applies, the commission
shall notify the commissioners court of each [any] county in which
the proposed district is to be located.
(a-2) The commissioners court of each [a] county in which
the district is to be located may review the petition for creation
and other evidence and information relating to the proposed
district that the commissioners consider necessary. Petitioners
for the creation of a district shall submit to the county
commissioners court any relevant information requested by the
commissioners court.
(b) A [In the event the county commissioners court votes to
submit information to the commission or to make a recommendation
regarding the creation of the proposed district, the] commissioners
court may [shall] submit to the commission[, at least 10 days before
the date set for action on the petition,] a written notice that
includes [opinion stating]:
(1) a statement of whether the commissioners court
consents, consents with modifications, or objects to [recommends]
the creation of the proposed district; and
(2) an explanation of the commissioners court's
modifications or objections, as applicable, with any other
findings, conclusions, and [other] information that the
commissioners court thinks would assist the commission in making a
final determination on the petition.
(b-1) A county commissioners court that does not submit to
the commission a written notice under Subsection (b) before the
121st day after receiving a notice of the petition under Subsection
(a-1) is considered to have consented to the creation of the
district.
(c) The commission may not grant [In passing on] a petition
unless [subject to this section, the commission shall consider the
written opinion submitted by] the county commissioners court of
each county in which the proposed district is to be located consents
to the creation of the district under this section.
SECTION 3. Subchapter A, Chapter 59, Water Code, is amended
by adding Section 59.0061 to read as follows:
Sec. 59.0061. CONSENT OF COUNTY. (a) This section applies
only to a proposed district:
(1) any territory of which is to be located outside the
corporate limits of a municipality; and
(2) which is to be created by a petition other than a
petition submitted under Section 59.003(a)(3).
(b) Promptly after a petition is filed with the commission
to create a district to which this section applies, the commission
shall notify the commissioners court of each county in which the
proposed district is to be located.
(c) The commissioners court of each county in which the
district is to be located may review the petition for creation and
other evidence and information relating to the proposed district
that the commissioners consider necessary. Petitioners for the
creation of a district shall submit to the county commissioners
court any relevant information requested by the commissioners
court.
(d) A commissioners court may submit to the commission a
written notice that includes:
(1) a statement of whether the commissioners court
consents, consents with modifications, or objects to the creation
of the proposed district; and
(2) an explanation of the commissioners court's
modifications or objections, as applicable, with any other
findings, conclusions, and information that the commissioners
court thinks would assist the commission in making a final
determination on the petition.
(e) A county commissioners court that does not submit to the
commission a written notice under Subsection (d) before the 121st
day after receiving a notice of the petition under Subsection (b) is
considered to have consented to the creation of the district.
(f) The commission may not grant a petition subject to this
section unless the commission receives the written notice submitted
by the county commissioners court consenting to the creation of the
district.
SECTION 4. Subchapter B, Chapter 65, Water Code, is amended
by adding Section 65.0161 to read as follows:
Sec. 65.0161. CONSENT OF COUNTY. (a) This section applies
only to a proposed district any territory of which is to be located
outside the corporate limits of a municipality.
(b) Promptly after a resolution is filed with the commission
under Section 65.014, the commission shall notify the commissioners
court of each county in which the proposed district is to be
located.
(c) The commissioners court of each county in which the
district is to be located may review the resolution and other
evidence and information relating to the proposed district that the
commissioners court considers necessary. The water supply or sewer
service corporation that proposes to create the district shall
submit to the county commissioners court any relevant information
requested by the commissioners court.
(d) A commissioners court may submit to the commission a
written notice that includes:
(1) a statement of whether the commissioners court
consents, consents with modifications, or objects to the creation
of the proposed district; and
(2) an explanation of the commissioners court's
modifications or objections, as applicable, with any other
findings, conclusions, and information that the commissioners
court thinks would assist the commission in making a final
determination on the petition.
(e) A county commissioners court that does not submit to the
commission a written notice under Subsection (d) before the 121st
day after receiving notice of the resolution under Subsection (b)
is considered to have consented to the creation of the district.
(f) The commission may not authorize the creation of the
district unless the county commissioners court of each county in
which the proposed district is to be located consents to the
creation of the district under this section.
SECTION 5. The changes in law made by this Act apply only to
a petition or resolution for the creation of a district filed with
the Texas Commission on Environmental Quality on or after the
effective date of this Act. A petition or resolution pending before
the Texas Commission on Environmental Quality on the effective date
of this Act is governed by the law in effect at the time the petition
or resolution was filed, and the former law is continued in effect
for that purpose.
SECTION 6. This Act takes effect September 1, 2025.