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.