By Lewis of Orange                                    H.B. No. 2655
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the powers of water control and improvement districts.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter D, Chapter 51, Section 51.149, Water
    1-5  Code, is amended by adding Subsections (d), (e) and (f) to read as
    1-6  follows:
    1-7        (d)  A contract may provide that the district will make
    1-8  payments under the contract from proceeds from the sale of notes or
    1-9  bonds, from taxes, or from any other income of the district, or any
   1-10  combination of these.
   1-11        (e)  A district may make payments under a contract from
   1-12  taxes, other than maintenance taxes, after the provisions of the
   1-13  contract have been approved by a majority of the electors voting at
   1-14  an election held for that purpose.
   1-15        (f)  Any contract election may be held at the same time and
   1-16  in conjunction with an election to issue bonds, and the procedure
   1-17  for calling the election, giving notice, conducting the election,
   1-18  and canvassing the returns shall be the same as the procedure for a
   1-19  bond election.
   1-20        SECTION 2.  Subchapter O, Chapter 51, Section 51.714, Water
   1-21  Code is amended to read as follows:
   1-22        Sec. 51.714.  Adding Land by Petition of Landowner.  The
   1-23  owner of land may file with the board a petition requesting that
    2-1  land described by metes and bounds in the petition be included in
    2-2  the district.  Notwithstanding any municipal ordinance, resolution,
    2-3  or any other statute to the contrary, a municipality may not
    2-4  require the annexing district or the landowner who is requesting
    2-5  annexation to obtain the municipality's consent to the district's
    2-6  annexation of the additional land if, at the time the petition is
    2-7  filed, the land to be annexed is contiguous to the district and at
    2-8  any time within the preceding 12 months was not located within an
    2-9  area designated by ordinance or resolution of the municipality's
   2-10  governing body as the municipality's water and sewer service area
   2-11  or corporate limits, and <if the land to be annexed by the district
   2-12  is within this extraterritorial jurisdiction of a city, then the
   2-13  annexation shall not become effective until:  (1) the city is given
   2-14  written notice of the proposed annexation; (2) a period of 120 days
   2-15  has expired since the notice was received; and (3) within such
   2-16  120-day period, the city does not extend its service area
   2-17  boundaries along with its impact fee boundaries to include the land
   2-18  subject to annexation by the district along with a plan to serve
   2-19  the land with utilities in a manner substantially similar to that
   2-20  plan contemplated by this district> the district has not previously
   2-21  issued any bonded indebtedness.  The land shall be deemed to be
   2-22  contiguous to the district if it is separated from the district by
   2-23  public land or right-of-way.  A district may not increase its total
   2-24  land area by more than 100 percent in any one calendar year.  A
   2-25  municipality's consent shall not be required for the inclusion or
    3-1  annexation of irrigable land within the boundaries of a district
    3-2  primarily engaged in providing irrigation services to lands within
    3-3  its boundaries.
    3-4        SECTION 3.  Subchapter O, Chapter 51, Section 51.752(c),
    3-5  Water Code, is amended to read as follows:
    3-6        (c)  Each of the resulting districts shall assume the
    3-7  obligations of the original district under any agreements or
    3-8  resolutions consenting to the creation of the original district
    3-9  imposed by any municipality having jurisdiction over such creation
   3-10  to the extent that the agreements and resolutions (i) are
   3-11  applicable; (ii) are not contrary to any other law or the
   3-12  provisions of this chapter; and (iii) do not impose obligations
   3-13  that limit the district's powers and authority to issue bonds for
   3-14  any purpose authorized under this chapter.  Any such obligations
   3-15  that so limit the district's powers and authority to issue bonds
   3-16  for any purposes authorized under this chapter are void.
   3-17        SECTION 4.  EMERGENCY.  The importance of this legislation
   3-18  and the crowded condition of the calendars in both houses create an
   3-19  emergency and an imperative public necessity that the
   3-20  constitutional rule requiring bills to be read on three several
   3-21  days in each house be suspended, and this rule is hereby suspended,
   3-22  and that this Act take effect and be in force from and after its
   3-23  passage, and it is so enacted.