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.