H.B. No. 3082 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. Subchapter D, Chapter 56, Water Code, is amended 5-3 by adding Section 56.144 to read as follows: 5-4 Sec. 56.144. INTERLOCAL AGREEMENTS. A district created 5-5 pursuant to this chapter, special law or other general law may 5-6 enter into an interlocal agreement with another political 5-7 subdivision to accomplish the purposes set forth in Article III, 5-8 Sections 52(b)(1), (2), and (3), of the Texas Constitution. In the 5-9 event the jurisdictional boundaries of two or more districts or 5-10 political subdivisions contain all or part of the same watershed of 5-11 a waterway and one or more of the other districts or political 5-12 subdivisions determines that the construction of improvements in 5-13 the watershed would be a public benefit and accomplish the purposes 5-14 set forth in Article III, Sections 52(b)(1), (2), and (3), of the 5-15 Texas Constitution, the district or political subdivision shall 5-16 propose an interlocal agreement to the governing bodies of the 5-17 other districts or political subdivisions sharing jurisdiction 5-18 within the watershed. If an interlocal agreement is not executed 5-19 within 120 days from the date it is submitted to all of the 5-20 districts and political subdivisions sharing jurisdiction within 5-21 the watershed, the district or political subdivision proposing the 5-22 improvements may petition the commission for approval of the 5-23 proposed improvements. The commission shall conduct a hearing on 5-24 the proposed improvements and upon a finding that the improvements 5-25 would be a public benefit, shall approve the plan for the 5-26 improvements, and the district or political subdivision proposing 5-27 the improvements shall be authorized to implement the plan within 6-1 the boundaries of the other district or political subdivision. 6-2 SECTION 4. The importance of this legislation and the 6-3 crowded condition of the calendars in both houses create an 6-4 emergency and an imperative public necessity that the 6-5 constitutional rule requiring bills to be read on three several 6-6 days in each house be suspended, and this rule is hereby suspended, 6-7 and that this Act take effect and be in force from and after its 6-8 passage, and it is so enacted.