By Lewis H.B. No. 1937 Substitute the following for H.B. No. 1937: By Yost C.S.H.B. No. 1937 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the appeal of a decision of the board of a municipal 1-3 utility district regarding facilities constructed for the district. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 54, Water Code, is amended 1-6 by adding Sections 54.238-54.241 to read as follows: 1-7 Sec. 54.238. DEFINITIONS. In this subchapter: 1-8 (1) "Developer" means a person who owns a tract of 1-9 land within a district and who has divided or proposes to divide 1-10 the tract into two or more parts to lay out a subdivision of the 1-11 tract, including an addition to a municipality, or to lay out 1-12 suburban, building, or other lots, and to lay out streets, alleys, 1-13 squares, parks, or other parts of the tract intended to be 1-14 dedicated to public use or for the use of purchasers or owners of 1-15 lots fronting on or adjacent to the streets, alleys, squares, 1-16 parks, or other parts. 1-17 (2) "Facilities" means improvements constructed by a 1-18 developer for a district. 1-19 Sec. 54.239. APPEAL TO THE COMMISSION OF DECISION OF BOARD 1-20 REGARDING FACILITIES. A person aggrieved by a decision of a board 1-21 involving the cost, purchase, or use of facilities may appeal the 1-22 decision to the commission by filing a petition with the commission 1-23 seeking appropriate relief within 30 days after the date of the 2-1 decision. A filing fee of $100.00 shall accompany the petition. 2-2 Sec. 54.240. NOTICE. The commission shall give notice of 2-3 the petition to persons who the commission determines may be 2-4 affected by the petition, including: 2-5 (1) the board; 2-6 (2) the owners of land within the district; and 2-7 (3) the ratepayers of the district who have served by 2-8 the facilities that are the subject of the petition. 2-9 Sec. 54.241. ACTION ON THE PETITION. (a) After notice and 2-10 hearing, the commission shall render a written decision granting or 2-11 denying the petition, in whole or in part. 2-12 (b) In rendering its decision, the commission shall 2-13 consider: 2-14 (1) the suitability of and necessity for the 2-15 facilities; 2-16 (2) the reasonableness of the cost of the facilities; 2-17 and 2-18 (3) the economic viability of the district. 2-19 SECTION 2. This Act takes effect September 1, 1993, and 2-20 applies to a decision rendered by a board before, on, or after the 2-21 effective date of this Act. 2-22 SECTION 3. The importance of this legislation and the 2-23 crowded condition of the calendars in both houses create an 2-24 emergency and an imperative public necessity that the 2-25 constitutional rule requiring bills to be read on three several 3-1 days in each house be suspended, and this rule is hereby suspended.