By Brimer, Crabb H.B. No. 546
74R1296 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the exclusion of unserved property from certain water
1-3 conservation and reclamation districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 50, Water Code, is amended by adding
1-6 Subchapter N to read as follows:
1-7 SUBCHAPTER N. EXCLUSION OF CERTAIN UNSERVED PROPERTY
1-8 Sec. 50.501. APPLICABILITY. This subchapter applies only to
1-9 a district that:
1-10 (1) provides water supply or wastewater services; and
1-11 (2) imposes a tax on property in the district.
1-12 Sec. 50.502. PETITION FOR EXCLUSION OF UNSERVED PROPERTY.
1-13 (a) The owner of property in a district on which the district has
1-14 imposed a tax but to which the district does not provide services
1-15 may petition the board to exclude the property from the district
1-16 if:
1-17 (1) the owner or the owner's predecessor in interest
1-18 has requested the district to provide services to the property and
1-19 the district has declined to provide services; and
1-20 (2) all taxes the district has levied and assessed
1-21 against the property and all fees and assessments the district has
1-22 imposed against the property or the owner that are due and payable
1-23 on or before the date of the petition are fully paid.
1-24 (b) The owner must send the petition to the district's main
2-1 office by certified mail.
2-2 Sec. 50.503. CONTENT OF PETITION. The petition for
2-3 exclusion must:
2-4 (1) state that the property owner desires the
2-5 district's services and that the district has declined to provide
2-6 the services to the property;
2-7 (2) accurately describe real property to be excluded
2-8 by its metes and bounds or by lot and block if there is a recorded
2-9 map or plat and survey of the property;
2-10 (3) describe for identification other property to be
2-11 excluded; and
2-12 (4) include any other information the district
2-13 requires.
2-14 Sec. 50.504. ACTION ON PETITION; ENFORCEMENT. (a) The
2-15 board shall consider a petition for exclusion of property as an
2-16 application for services. Not later than the 30th day after the
2-17 date of receipt of the petition the board shall decide whether to
2-18 provide the services to the petitioner's property or grant the
2-19 petition for exclusion.
2-20 (b) If the board decides to provide the services, it shall
2-21 provide the services not later than the 90th day after the date of
2-22 receipt of the petition.
2-23 (c) If the board decides not to provide the services, not
2-24 later than the 30th day after the date of receipt of the petition
2-25 the board shall grant the petition for exclusion and issue an order
2-26 excluding the property. The order takes effect immediately.
2-27 (d) The order shall:
3-1 (1) identify the property that is the subject of the
3-2 petition;
3-3 (2) redefine the boundaries of the district; and
3-4 (3) exclude the identified property.
3-5 (e) A property owner who has filed a petition for exclusion
3-6 under this subchapter may bring suit in district court to order the
3-7 board to provide services or issue an order of exclusion in
3-8 accordance with the periods provided by this section if it appears
3-9 that the board is not complying with this section.
3-10 Sec. 50.505. EFFECT OF ORDER. (a) An order of exclusion
3-11 issued under this subchapter removes the identified property from
3-12 the jurisdiction of the district. The exclusion of the property
3-13 does not diminish or impair the rights of holders of any
3-14 outstanding and unpaid bonds, warrants, or other obligations of the
3-15 district.
3-16 (b) Property excluded under this subchapter is not released
3-17 from the payment of its pro rata share of the district's debt
3-18 existing on the date of the order of exclusion. The district shall
3-19 continue to levy taxes each year on the excluded property equal to
3-20 the property's share of the debt and the taxes collected shall be
3-21 applied exclusively to the payment of that debt. The owner of the
3-22 excluded property may at any time pay the debt in full without
3-23 penalty.
3-24 (c) The excluded property is not subject to any debt of the
3-25 district incurred after the date of the exclusion order.
3-26 SECTION 2. This Act takes effect September 1, 1995.
3-27 SECTION 3. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.