1-1 By: Holzheauser (Senate Sponsor - Armbrister) H.B. No. 3082
1-2 (In the Senate - Received from the House May 10, 1995;
1-3 May 11, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 25, 1995, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 25, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the creation of, annexation of territory by, and
1-9 consolidation of drainage districts.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subchapter B, Chapter 56, Water Code, is amended
1-12 by adding Section 56.033 to read as follows:
1-13 Sec. 56.033. ALTERNATE PROCEDURE FOR CREATION. (a) The
1-14 landowners of a defined area of territory not included in a
1-15 district may file with the commissioners court a petition
1-16 requesting an election on the creation of a district. The petition
1-17 must:
1-18 (1) be signed by registered voters residing in the
1-19 territory equal in number to at least five percent of the number of
1-20 votes received in the territory to be included by all candidates in
1-21 the most recent gubernatorial general election; and
1-22 (2) describe by metes and bounds the territory to be
1-23 included in the district.
1-24 (b) The commissioners court shall call and hold a hearing to
1-25 determine if the petition meets the requirements of Subsection (a).
1-26 (c) If the commissioners court determines the petition meets
1-27 the requirements of Subsection (a), the court shall order an
1-28 election held in the proposed district to determine whether or not
1-29 the district should be created and whether or not the district
1-30 should issue bonds and levy taxes to pay for the bonds.
1-31 (d) The provisions of this subchapter, other than Section
1-32 56.019, govern the hearing and election.
1-33 SECTION 2. Chapter 56, Water Code, is amended by adding
1-34 Subchapters J and K to read as follows:
1-35 SUBCHAPTER J. ALTERNATE PROCEDURE FOR ANNEXATION
1-36 BY EXISTING DISTRICT
1-37 Sec. 56.751. PETITION FOR ANNEXATION. The landowners of a
1-38 defined area of territory not included in a district may file with
1-39 the secretary of the board a petition requesting an election on the
1-40 inclusion of the territory in a district. The petition must:
1-41 (1) be signed by registered voters residing in the
1-42 territory equal in number to at least five percent of the number of
1-43 votes received in the territory to be included by all candidates in
1-44 the most recent gubernatorial general election; and
1-45 (2) describe by metes and bounds the territory to be
1-46 included in the district.
1-47 Sec. 56.752. HEARING ON DETERMINATION OF PETITION. (a) The
1-48 board shall hear the petition to determine if the petition meets
1-49 the requirements of Section 56.751.
1-50 (b) The board by order shall set the time and place of the
1-51 hearing on the petition. The hearing shall be held not less than
1-52 30 days after the date of the order.
1-53 Sec. 56.753. NOTICE OF HEARING. (a) The secretary of the
1-54 board shall issue notice of the time and place of the hearing. The
1-55 notice must describe the territory proposed to be annexed.
1-56 (b) The secretary shall post copies of the notice in three
1-57 public places in the district and one copy in a public place in the
1-58 territory proposed to be annexed. The notices must be posted for
1-59 at least 15 days before the day of the hearing.
1-60 (c) The notice must be published one time in a newspaper
1-61 with general circulation in the county. The notice must be
1-62 published at least 15 days before the day of the hearing.
1-63 Sec. 56.754. ELECTIONS TO APPROVE ANNEXATION OF TERRITORY.
1-64 (a) If the board determines the petition meets the requirements of
1-65 Section 56.751, the board shall order elections to approve the
1-66 annexation.
1-67 (b) Annexation of the territory must be approved by a
1-68 majority vote of the voters at a separate election held in the
2-1 district and by a majority vote of the voters at a separate
2-2 election held in the territory proposed to be added.
2-3 (c) If the district has outstanding debts or taxes, the
2-4 election to approve annexation also determines whether the
2-5 territory to be added assumes its proportion of the debts or taxes
2-6 if the territory is added to the district.
2-7 Sec. 56.755. NOTICE AND PROCEDURE OF ELECTION. The notice
2-8 of the election, the manner and the time of giving the notice, the
2-9 manner of holding the election, and qualifications of the voters
2-10 are governed by Subchapter E, Chapter 58.
2-11 Sec. 56.756. LIABILITY OF ADDED TERRITORY. The added
2-12 territory shall bear its pro rata part of all indebtedness or taxes
2-13 that may be owed, contracted, or authorized by the district to
2-14 which it is added.
2-15 SUBCHAPTER K. CONSOLIDATION OF DISTRICTS
2-16 Sec. 56.801. PETITION. Consolidation is initiated by a
2-17 petition requesting an election on the question. The petition must
2-18 be signed by registered voters residing in either district proposed
2-19 to be consolidated equal in number to at least five percent of the
2-20 number of votes received in the district by all candidates in the
2-21 most recent gubernatorial general election. The petition must be
2-22 presented to the commissioners court.
2-23 Sec. 56.802. ELECTION ORDER; NOTICE. (a) If the
2-24 commissioners court determines the petition meets the requirements
2-25 of Section 56.801, the commissioners court shall:
2-26 (1) issue an order for an election to be held on the
2-27 same day in each district included in the proposed consolidated
2-28 district; and
2-29 (2) give notice of the election.
2-30 (b) The ballot in the election shall be printed to permit
2-31 voting for or against the proposition: "Consolidation of
2-32 ____________________ (names of districts) into a single drainage
2-33 district."
2-34 Sec. 56.803. CANVASS; RESULT. (a) The commissioners court
2-35 shall canvass the returns of the election. The commissioners shall
2-36 publish the results separately for each district.
2-37 (b) If the majority of votes cast in each district favor the
2-38 consolidation, the commissioners court shall declare the districts
2-39 consolidated.
2-40 Sec. 56.804. TITLE TO PROPERTY; ASSUMPTION OF DEBT. Title
2-41 to all property of the consolidating districts vests in the
2-42 consolidated district. The consolidated district assumes and is
2-43 liable for the outstanding indebtedness of the consolidating
2-44 districts.
2-45 SECTION 3. The importance of this legislation and the
2-46 crowded condition of the calendars in both houses create an
2-47 emergency and an imperative public necessity that the
2-48 constitutional rule requiring bills to be read on three several
2-49 days in each house be suspended, and this rule is hereby suspended,
2-50 and that this Act take effect and be in force from and after its
2-51 passage, and it is so enacted.
2-52 * * * * *