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.