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A BILL TO BE ENTITLED
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AN ACT
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relating to the notice and petition for the creation of a municipal |
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utility district in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 54.001(4) and (5), Water Code, are |
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amended to read as follows: |
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(4) "Commission" means the Texas [Natural Resource |
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Conservation] Commission on Environmental Quality. |
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(5) "Executive director" means the executive director |
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of the commission [Texas Natural Resource Conservation |
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Commission]. |
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SECTION 2. Subchapter B, Chapter 54, Water Code, is amended |
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by adding Section 54.0135 to read as follows: |
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Sec. 54.0135. PRE-PETITION NOTICE TO CERTAIN COUNTIES. (a) |
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This section applies only to a proposed district described by |
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Section 54.0161(a). |
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(b) Before a petition requesting creation of a proposed |
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district is filed with the commission under Section 54.014, notice |
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must be sent by certified mail to the commissioners court of each |
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county in which the proposed district is to be located. The notice |
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must: |
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(1) generally describe the boundaries of the land to |
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be included in the proposed district, including, if possible, by |
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metes and bounds or by lot and block number if there is a recorded |
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map or plat and survey of the area to be included in the district; |
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and |
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(2) inform the commissioners court of the right to: |
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(A) respond to the notice provided under this |
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section; |
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(B) review the petition requesting creation of |
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the proposed district; and |
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(C) submit a written opinion on the creation of |
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the proposed district under Section 54.0161. |
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(c) Notice under this section must be sent by certified mail |
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at least 30 days before the date a petition requesting creation of |
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the proposed district is filed with the commission under Section |
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54.014. |
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SECTION 3. Section 54.015, Water Code, is amended to read as |
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follows: |
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Sec. 54.015. CONTENTS OF PETITION. The petition shall: |
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(1) describe the boundaries of the proposed district |
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by metes and bounds or by lot and block number, if there is a |
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recorded map or plat and survey of the area; |
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(2) state the general nature of the work proposed to be |
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done, the necessity for the work, and the cost of the project as |
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then estimated by those filing the petition; [and] |
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(3) include a name of the district which shall be |
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generally descriptive of the locale of the district followed by the |
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words Municipal Utility District, or if a district is located |
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within one county, it may be designated "__________ County |
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Municipal Utility District No. ______." (Insert the name of the |
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county and proper consecutive number.) The proposed district shall |
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not have the same name as any other district in the same county; and |
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(4) for a district described by Section 54.0161, |
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include a copy of the notice described by Section 54.0135. |
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SECTION 4. Section 54.0135, Water Code, as added by this |
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Act, and Section 54.015, Water Code, as amended by this Act, apply |
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only to a petition requesting creation of a municipal utility |
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district filed with the Texas Commission on Environmental Quality |
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on or after the effective date of this Act. A petition requesting |
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creation of a municipal utility district pending before the Texas |
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Commission on Environmental Quality on the effective date of this |
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Act is governed by the law in effect on the date the petition was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect on the 91st day after the |
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last day of the legislative session. |