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.