1-1 By: Lewis (Senate Sponsor - Barrientos) H.B. No. 1937 1-2 (In the Senate - Received from the House May 3, 1993; 1-3 May 4, 1993, read first time and referred to Committee on Natural 1-4 Resources; May 25, 1993, reported favorably by the following vote: 1-5 Yeas 8, Nays 0; May 25, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Sims x 1-9 Truan x 1-10 Armbrister x 1-11 Barrientos x 1-12 Bivins x 1-13 Brown x 1-14 Carriker x 1-15 Lucio x 1-16 Montford x 1-17 Ratliff x 1-18 Shelley x 1-19 A BILL TO BE ENTITLED 1-20 AN ACT 1-21 relating to the appeal of a decision of the board of a municipal 1-22 utility district regarding facilities constructed for the district. 1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-24 SECTION 1. Subchapter D, Chapter 54, Water Code, is amended 1-25 by adding Sections 54.238-54.241 to read as follows: 1-26 Sec. 54.238. DEFINITIONS. In this subchapter: 1-27 (1) "Developer" means a person who owns a tract of 1-28 land within a district and who has divided or proposes to divide 1-29 the tract into two or more parts to lay out a subdivision of the 1-30 tract, including an addition to a municipality, or to lay out 1-31 suburban, building, or other lots, and to lay out streets, alleys, 1-32 squares, parks, or other parts of the tract intended to be 1-33 dedicated to public use or for the use of purchasers or owners of 1-34 lots fronting on or adjacent to the streets, alleys, squares, 1-35 parks, or other parts. 1-36 (2) "Facilities" means improvements constructed by a 1-37 developer for a district. 1-38 Sec. 54.239. APPEAL TO THE COMMISSION OF DECISION OF BOARD 1-39 REGARDING FACILITIES. A person aggrieved by a decision of a board 1-40 involving the cost, purchase, or use of facilities may appeal the 1-41 decision to the commission by filing a petition with the commission 1-42 seeking appropriate relief within 30 days after the date of the 1-43 decision. The commission may require a petitioner to include with 1-44 a petition under this subchapter a deposit in an amount estimated 1-45 to be sufficient to pay the costs of notice under Section 54.240 of 1-46 this code and to hold the hearing on the dispute. 1-47 Sec. 54.240. NOTICE. The commission shall give notice of 1-48 the petition to persons who the commission determines may be 1-49 affected by the petition, including: 1-50 (1) the board; 1-51 (2) the owners of land within the district; and 1-52 (3) the ratepayers of the district who are served by 1-53 the facilities that are the subject of the petition. 1-54 Sec. 54.241. ACTION ON THE PETITION. (a) After notice and 1-55 hearing, the commission shall render a written decision granting or 1-56 denying the petition, in whole or in part. 1-57 (b) In rendering its decision, the commission shall 1-58 consider: 1-59 (1) the suitability of and necessity for the 1-60 facilities; 1-61 (2) the reasonableness of the cost of the facilities; 1-62 (3) the economic viability of the district; and 1-63 (4) any other relevant evidence. 1-64 SECTION 2. This Act takes effect September 1, 1993, and 1-65 applies to a decision rendered by a board before, on, or after the 1-66 effective date of this Act. 1-67 SECTION 3. The importance of this legislation and the 1-68 crowded condition of the calendars in both houses create an 2-1 emergency and an imperative public necessity that the 2-2 constitutional rule requiring bills to be read on three several 2-3 days in each house be suspended, and this rule is hereby suspended. 2-4 * * * * * 2-5 Austin, 2-6 Texas 2-7 May 25, 1993 2-8 Hon. Bob Bullock 2-9 President of the Senate 2-10 Sir: 2-11 We, your Committee on Natural Resources to which was referred H.B. 2-12 No. 1937, have had the same under consideration, and I am 2-13 instructed to report it back to the Senate with the recommendation 2-14 that it do pass and be printed. 2-15 Sims, 2-16 Chairman 2-17 * * * * * 2-18 WITNESSES 2-19 No witnesses appeared on H.B. No. 1937.