By Lewis H.B. No. 1937
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to municipal utility district board and landowner dispute
1-3 resolution.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. New sections 54.238-54.241 of the Texas Water
1-6 Code are added to read as follows:
1-7 Section 54.238. Definitions.
1-8 As used in this subchapter:
1-9 (1) "District" means any district created by authority
1-10 of Article XVI, Section 59 of the Texas Constitution.
1-11 (2) "Commission" means the Texas Water Commission.
1-12 (3) "Board" means the governing board of a district.
1-13 (4) "Executive director" means the Executive Director
1-14 of the Commission.
1-15 (5) "Developer" means any person who owns land within
1-16 a district covered by this subchapter and who has divided or
1-17 proposes to divide the land into two or more parts for the purpose
1-18 of laying out suburban lots or building lots or lots for any lawful
1-19 purpose and streets, alleys or parks or other portions intended for
1-20 public or private use and who has constructed or owns facilities as
1-21 defined by this subchapter.
1-22 (6) "Facilities" shall mean improvements constructed
1-23 by a developer in accordance with applicable regulatory standards
2-1 or good engineering practices for subsequent sale to and use by a
2-2 District to accomplish a District purpose authorized by law.
2-3 Section 54.239. District Use of Facilities; Referral to the
2-4 Commission of Disputed Board Decisions.
2-5 (a) When a District is using or intends to use facilities in
2-6 furtherance of one or more District purposes authorized by law, any
2-7 disputed decision of the Board involving cost, purchase or use of
2-8 such facilities may be referred to the Commission for final
2-9 resolution by the District or any other person aggrieved by said
2-10 decision.
2-11 (b) Referral of such disputed decisions to the Commission
2-12 for resolution shall be accomplished by the filing of a petition
2-13 with the Commission seeking appropriate relief within 30 days of
2-14 the date of the decision.
2-15 Section 54.240. Notice.
2-16 (a) Notice of the petition shall be given to those persons
2-17 who, in the judgment of the Commission, may be affected by the
2-18 petition including, but not limited to:
2-19 (1) all members of the Board of Directors of the
2-20 District;
2-21 (2) all owners of land within the District; and
2-22 (3) all rate payers of the District who are served by
2-23 the facilities which are the subject of the Petition.
2-24 Section 54.241. Action on the Petition.
2-25 (a) After notice and hearing, the Commission shall make a
3-1 written decision granting or denying the petition, in whole or in
3-2 part, based upon Commission application of its regulations relevant
3-3 to the issue or issues raised by the petition.
3-4 (b) In considering the petition, the Commission shall
3-5 consider:
3-6 (1) the suitability of and necessity for all
3-7 facilities for which compensation is sought;
3-8 (2) the reasonableness of all facility costs; and
3-9 (3) the economic viability of the District.
3-10 SECTION 2. This Act takes effect September 1, 1993.
3-11 SECTION 3. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity such that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.