By Holzheauser H.B. No. 3082
74R5511 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of, annexation of territory by, and
1-3 consolidation of drainage districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 56, Water Code, is amended
1-6 by adding Section 56.033 to read as follows:
1-7 Sec. 56.033. ALTERNATE PROCEDURE FOR CREATION. (a) The
1-8 landowners of a defined area of territory not included in a
1-9 district may file with the commissioners court a petition
1-10 requesting an election on the creation of a district. The petition
1-11 must:
1-12 (1) be signed by registered voters residing in the
1-13 territory equal in number to at least five percent of the number of
1-14 votes received in the territory to be included by all candidates in
1-15 the most recent gubernatorial general election; and
1-16 (2) describe by metes and bounds the territory to be
1-17 included in the district.
1-18 (b) The commissioners court shall call and hold a hearing to
1-19 determine if the petition meets the requirements of Subsection (a).
1-20 (c) If the commissioners court determines the petition meets
1-21 the requirements of Subsection (a), the court shall order an
1-22 election held in the proposed district to determine whether or not
1-23 the district should be created and whether or not the district
1-24 should issue bonds and levy taxes to pay for the bonds.
2-1 (d) The provisions of this subchapter, other than Section
2-2 56.019, govern the hearing and election.
2-3 SECTION 2. Chapter 56, Water Code, is amended by adding
2-4 Subchapters J and K to read as follows:
2-5 SUBCHAPTER J. ALTERNATE PROCEDURE FOR ANNEXATION
2-6 BY EXISTING DISTRICT
2-7 Sec. 56.751. PETITION FOR ANNEXATION. The landowners of a
2-8 defined area of territory not included in a district may file with
2-9 the secretary of the board a petition requesting an election on the
2-10 inclusion of the territory in a district. The petition must:
2-11 (1) be signed by registered voters residing in the
2-12 territory equal in number to at least five percent of the number of
2-13 votes received in the territory to be included by all candidates in
2-14 the most recent gubernatorial general election; and
2-15 (2) describe by metes and bounds the territory to be
2-16 included in the district.
2-17 Sec. 56.752. HEARING ON DETERMINATION OF PETITION. (a) The
2-18 board shall hear the petition to determine if the petition meets
2-19 the requirements of Section 56.751.
2-20 (b) The board by order shall set the time and place of the
2-21 hearing on the petition. The hearing shall be held not less than
2-22 30 days after the date of the order.
2-23 Sec. 56.753. NOTICE OF HEARING. (a) The secretary of the
2-24 board shall issue notice of the time and place of the hearing. The
2-25 notice must describe the territory proposed to be annexed.
2-26 (b) The secretary shall post copies of the notice in three
2-27 public places in the district and one copy in a public place in the
3-1 territory proposed to be annexed. The notices must be posted for
3-2 at least 15 days before the day of the hearing.
3-3 (c) The notice must be published one time in a newspaper
3-4 with general circulation in the county. The notice must be
3-5 published at least 15 days before the day of the hearing.
3-6 Sec. 56.754. ELECTIONS TO APPROVE ANNEXATION OF TERRITORY.
3-7 (a) If the board determines the petition meets the requirements of
3-8 Section 56.751, the board shall order elections to approve the
3-9 annexation.
3-10 (b) Annexation of the territory must be approved by a
3-11 majority vote of the voters at a separate election held in the
3-12 district and by a majority vote of the voters at a separate
3-13 election held in the territory proposed to be added.
3-14 (c) If the district has outstanding debts or taxes, the
3-15 election to approve annexation also determines whether the
3-16 territory to be added assumes its proportion of the debts or taxes
3-17 if the territory is added to the district.
3-18 Sec. 56.755. NOTICE AND PROCEDURE OF ELECTION. The notice
3-19 of the election, the manner and the time of giving the notice, the
3-20 manner of holding the election, and qualifications of the voters
3-21 are governed by Subchapter E, Chapter 58.
3-22 Sec. 56.756. LIABILITY OF ADDED TERRITORY. The added
3-23 territory shall bear its pro rata part of all indebtedness or taxes
3-24 that may be owed, contracted, or authorized by the district to
3-25 which it is added.
3-26 SUBCHAPTER K. CONSOLIDATION OF DISTRICTS
3-27 Sec. 56.801. PETITION. Consolidation is initiated by a
4-1 petition requesting an election on the question. The petition must
4-2 be signed by registered voters residing in either district proposed
4-3 to be consolidated equal in number to at least five percent of the
4-4 number of votes received in the district by all candidates in the
4-5 most recent gubernatorial general election. The petition must be
4-6 presented to the commissioners court.
4-7 Sec. 56.802. ELECTION ORDER; NOTICE. (a) If the
4-8 commissioners court determines the petition meets the requirements
4-9 of Section 56.801, the commissioners court shall:
4-10 (1) issue an order for an election to be held on the
4-11 same day in each district included in the proposed consolidated
4-12 district; and
4-13 (2) give notice of the election.
4-14 (b) The ballot in the election shall be printed to permit
4-15 voting for or against the proposition: "Consolidation of
4-16 ____________________ (names of districts) into a single drainage
4-17 district."
4-18 Sec. 56.803. CANVASS; RESULT. (a) The commissioners court
4-19 shall canvass the returns of the election. The commissioners shall
4-20 publish the results separately for each district.
4-21 (b) If the majority of votes cast in each district favor the
4-22 consolidation, the commissioners court shall declare the districts
4-23 consolidated.
4-24 Sec. 56.804. TITLE TO PROPERTY; ASSUMPTION OF DEBT. Title
4-25 to all property of the consolidating districts vests in the
4-26 consolidated district. The consolidated district assumes and is
4-27 liable for the outstanding indebtedness of the consolidating
5-1 districts.
5-2 SECTION 3. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended,
5-7 and that this Act take effect and be in force from and after its
5-8 passage, and it is so enacted.