1-1 By: Nieto (Senate Sponsor - Zaffirini) H.B. No. 2460
1-2 (In the Senate - Received from the House April 26, 1993;
1-3 April 27, 1993, read first time and referred to Committee on
1-4 Natural Resources; May 11, 1993, reported favorably by the
1-5 following vote: Yeas 9, Nays 0; May 11, 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 exclusion of nonirrigated or nonirrigable property
1-22 located within the Bexar-Medina-Atascosa Counties Water Control and
1-23 Improvement District No. 1.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. DEFINITIONS. In this Act:
1-26 (1) "Board" means the Board of Directors of the
1-27 Bexar-Medina-Atascosa Counties Water Control and Improvement
1-28 District No. 1.
1-29 (2) "District" means the Bexar-Medina-Atascosa
1-30 Counties Water Control and Improvement District No. 1.
1-31 SECTION 2. AUTHORITY TO EXCLUDE PROPERTY. The district may
1-32 exclude property from the district if the board finds after notice
1-33 and hearing that exclusion of the property is in the best interest
1-34 of the district and that:
1-35 (1) the property is not irrigable with water purchased
1-36 from the district because:
1-37 (A) the district cannot deliver water by gravity
1-38 flow to a high point on the property to irrigate the property;
1-39 (B) the property is subdivided into tracts of
1-40 less than 10 acres; or
1-41 (C) the property is subdivided into town lots,
1-42 town lots and blocks, or similar small parcels of any size that
1-43 will not be used for agricultural purposes or are suitable for a
1-44 residential, a commercial, or another nonagricultural purpose; or
1-45 (2) the property has not been irrigated with water
1-46 purchased from the district for a period of not less than three
1-47 years before the date the notice for the hearing was mailed.
1-48 SECTION 3. HEARING ON PROPOSAL TO EXCLUDE PROPERTY; NOTICE.
1-49 (a) If the board has information that property in the district is
1-50 not irrigated or irrigable, the board may call and hold a hearing
1-51 to determine whether to exclude the property.
1-52 (b) The board by certified mail, return receipt requested,
1-53 not earlier than the 21st day or later than the 16th day before the
1-54 date of the hearing shall issue written notice of the hearing to
1-55 each owner of property in the area proposed to be excluded as shown
1-56 on the current tax rolls of the district. The notice must:
1-57 (1) describe the property proposed to be excluded;
1-58 (2) describe the basis for the proposed exclusion;
1-59 (3) state the time, date, and location of the hearing;
1-60 and
1-61 (4) advise that an interested property owner has the
1-62 right to appear at the hearing to offer evidence to contest the
1-63 exclusion.
1-64 (c) The board shall publish notice of the hearing at least
1-65 once a week for two consecutive weeks in a newspaper of general
1-66 circulation in each county in which the property proposed to be
1-67 excluded is located. The first notice must appear not earlier than
1-68 the 40th day before or later than the 16th day before the date of
2-1 the hearing. The notice must:
2-2 (1) describe the property proposed to be excluded;
2-3 (2) state the time, date, and location of the hearing;
2-4 and
2-5 (3) advise that an interested property owner has the
2-6 right to appear at the hearing and to offer evidence to contest the
2-7 exclusion.
2-8 SECTION 4. SUIT TO REVIEW; APPEAL. An interested person may
2-9 bring a suit to review an order of the board excluding property
2-10 under this Act in the manner provided by Sections 51.698-51.700,
2-11 Water Code, and may appeal as provided by Section 51.701, Water
2-12 Code, and their subsequent amendments.
2-13 SECTION 5. NOTICE TO COMMISSION. The board shall furnish to
2-14 the Texas Natural Resource Conservation Commission a copy of the
2-15 order excluding the property not later than the 30th day after the
2-16 date the board issues the order.
2-17 SECTION 6. CONSENT FROM HOLDERS OF INDEBTEDNESS. If the
2-18 district has outstanding bonded indebtedness, or indebtedness under
2-19 a loan from a governmental agency, a written consent from an
2-20 authorized representative of the holder or holders of the
2-21 indebtedness consenting to the exclusion shall be obtained and
2-22 filed with the district before the hearing.
2-23 SECTION 7. RESULTS OF EXCLUSION ORDER. (a) Property
2-24 excluded under this Act is not within the district and is not
2-25 entitled to purchase water from or to receive any other service
2-26 from the district.
2-27 (b) Taxes, assessments, or other charges on the excluded
2-28 property that are owed to the district at the time the order of
2-29 exclusion takes effect remain the obligation of the owner of the
2-30 excluded property and continue to be secured by statutory liens on
2-31 the property, if any.
2-32 (c) After property is excluded, the owner of the property
2-33 has no further liability to the district for future taxes,
2-34 assessments, or other charges of the district based on that
2-35 property.
2-36 SECTION 8. RECORDATION. The district shall record, in the
2-37 real property records of the county in which the excluded property
2-38 is located, a copy of the order excluding the property from the
2-39 district. The copy must be certified and acknowledged by the
2-40 secretary of the board.
2-41 SECTION 9. DISTRICT FACILITIES AND EASEMENTS ON EXCLUDED
2-42 PROPERTY. The order to exclude property does not affect or
2-43 interfere with any rights that the district has to maintain and
2-44 continue operation of any easements, canals, ditches, pipelines,
2-45 pumps, or other facilities of the district that are located on
2-46 excluded property for the purpose of servicing property remaining
2-47 in the district.
2-48 SECTION 10. SUBSTITUTION FOR EXCLUDED PROPERTY. (a) At the
2-49 sole discretion of the board, after the exclusion order is issued
2-50 by the board, property may be added to the district if the property
2-51 is:
2-52 (1) practically irrigable with water purchased from
2-53 the district; and
2-54 (2) in the aggregate less than or equal to the acreage
2-55 of property being excluded.
2-56 (b) Property may be added to the district under this Act
2-57 only if the owner of the property files a petition requesting
2-58 inclusion. If the owner already has acreage within the district,
2-59 all taxes and other assessments owed to the district by the owner
2-60 must be current before the petition may be considered by the board.
2-61 SECTION 11. CUMULATIVE EFFECT. The rights, remedies, and
2-62 powers conferred by this Act on the district are cumulative of all
2-63 other rights, remedies, and powers otherwise available to the
2-64 district under general law. This Act prevails over any conflict
2-65 with the general law that applies to the district.
2-66 SECTION 12. TRANSITION PROVISION. The reference in Section
2-67 5 of this Act to the Texas Natural Resource Conservation Commission
2-68 means the Texas Water Commission until the name of the Texas Water
2-69 Commission is changed to the Texas Natural Resource Conservation
2-70 Commission as provided by Section 1.085, Chapter 3, Acts of the
3-1 72nd Legislature, 1st Called Session, 1991.
3-2 SECTION 13. EMERGENCY. The importance of this legislation
3-3 and the crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended,
3-7 and that this Act take effect and be in force from and after its
3-8 passage, and it is so enacted.
3-9 * * * * *
3-10 Austin,
3-11 Texas
3-12 May 11, 1993
3-13 Hon. Bob Bullock
3-14 President of the Senate
3-15 Sir:
3-16 We, your Committee on Natural Resources to which was referred H.B.
3-17 No. 2460, have had the same under consideration, and I am
3-18 instructed to report it back to the Senate with the recommendation
3-19 that it do pass and be printed.
3-20 Sims,
3-21 Chairman
3-22 * * * * *
3-23 WITNESSES
3-24 FOR AGAINST ON
3-25 ___________________________________________________________________
3-26 Name: John Ward x
3-27 Representing: Bexar Medina Atascosa Water Di
3-28 City: Natalia
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3-30 Name: David Davenport x
3-31 Representing: Canyon Regional Water Auth.
3-32 City: New Braunfels
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