1-1 By: Barrientos S.B. No. 1154
1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 27, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 27, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 1154 By: Barrientos
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the resolution of certain disputes between a municipal
1-24 utility district board of directors and certain persons affected by
1-25 a board decision.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Chapter 54, Water Code, is amended by adding
1-28 Subchapter K to read as follows:
1-29 SUBCHAPTER K. RESOLUTION OF DISPUTES
1-30 CONCERNING CERTAIN BOARD ACTIONS
1-31 Sec. 54.831. PETITION FOR COMMISSION RESOLUTION OF DISPUTES
1-32 REGARDING USE OF CERTAIN IMPROVEMENTS. (a) A developer aggrieved
1-33 by a decision of a district's board of directors to use an
1-34 improvement constructed by the developer for sale to or use by the
1-35 district may petition the commission to resolve any dispute between
1-36 the developer and the board on a matter concerning the purchase,
1-37 cost, or use of the improvement.
1-38 (b) The board may petition the commission to resolve a
1-39 dispute between the board and a developer on a matter concerning
1-40 the board's decision to use an improvement constructed by the
1-41 developer for sale to or use by the district and the purchase,
1-42 cost, or use of the improvement.
1-43 (c) A petition under this section must be filed not later
1-44 than the 30th day after the date the decision to use the
1-45 improvement was made.
1-46 (d) The commission shall set a hearing on the dispute to be
1-47 held not later than the 30th day after the date the commission
1-48 receives the petition.
1-49 (e) In this section, "developer" means a person who:
1-50 (1) owns a tract of land within a district; and
1-51 (2) has divided or proposes to divide the tract into
1-52 two or more parts to lay out:
1-53 (A) a subdivision of the tract, including an
1-54 addition to a municipality, or suburban, building, or other lots;
1-55 and
1-56 (B) streets, alleys, squares, parks, or other
1-57 parts of the tract intended to be dedicated to public use or for
1-58 the use of purchasers or owners of lots fronting on or adjacent to
1-59 the streets, alleys, squares, parks, or parts.
1-60 Sec. 54.832. NOTICE OF HEARING. (a) The commission shall
1-61 notify the board members of the time, place, and date of the
1-62 hearing by certified mail, return receipt requested, not later than
1-63 the 14th day before the date of the hearing.
1-64 (b) The commission shall publish notice of the hearing in a
1-65 newspaper of general circulation in the county in which the
1-66 district is located at least once each week for two consecutive
1-67 weeks before the date of the hearing. The commission shall publish
1-68 the first notice not later than the 20th day before the date of the
2-1 hearing.
2-2 Sec. 54.833. ACTION ON PETITION. (a) After notice and
2-3 hearing, the commission shall render a written decision granting or
2-4 denying the petition, in whole or in part.
2-5 (b) In rendering its decision, the commission shall
2-6 consider:
2-7 (1) the suitability of and necessity for the
2-8 facilities;
2-9 (2) the reasonableness of the cost of the facilities;
2-10 and
2-11 (3) the economic viability of the district.
2-12 Sec. 54.834. ASSESSMENT OF AND DEPOSIT FOR COSTS. (a) The
2-13 commission may require a petitioner to include with a petition
2-14 under this subchapter a deposit in an amount estimated to be
2-15 sufficient to pay the costs of notice under Section 54.832 of this
2-16 code and to hold the hearing on the dispute.
2-17 (b) The commission may assess the costs of the notice and
2-18 proceedings under this subchapter against any party. In making an
2-19 assessment of costs, the commission shall consider:
2-20 (1) the costs that are attributable to an action of
2-21 the party; and
2-22 (2) whether the party prevails on the merits in whole
2-23 or in part.
2-24 SECTION 2. This Act takes effect September 1, 1993, and
2-25 applies to a decision rendered by a board before, on, or after the
2-26 effective date of this Act.
2-27 SECTION 3. The importance of this legislation and the
2-28 crowded condition of the calendars in both houses create an
2-29 emergency and an imperative public necessity that the
2-30 constitutional rule requiring bills to be read on three several
2-31 days in each house be suspended, and this rule is hereby suspended.
2-32 * * * * *
2-33 Austin,
2-34 Texas
2-35 April 27, 1993
2-36 Hon. Bob Bullock
2-37 President of the Senate
2-38 Sir:
2-39 We, your Committee on Natural Resources to which was referred S.B.
2-40 No. 1154, have had the same under consideration, and I am
2-41 instructed to report it back to the Senate with the recommendation
2-42 that it do not pass, but that the Committee Substitute adopted in
2-43 lieu thereof do pass and be printed.
2-44 Sims,
2-45 Chairman
2-46 * * * * *
2-47 WITNESSES
2-48 FOR AGAINST ON
2-49 ___________________________________________________________________
2-50 Name: Joe Anthony DeQuinzio x
2-51 Representing: Bill Milburn Co
2-52 City: Austin
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2-54 Name: Don Walden x x
2-55 Representing: Self
2-56 City: Austin
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