75R11068 JJT-F
By Moffat H.B. No. 2463
Substitute the following for H.B. No. 2463:
By Counts C.S.H.B. No. 2463
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers and duties of certain water control and
1-3 improvement districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 51, Water Code, is amended
1-6 by adding Sections 51.191-51.193, 51.196, and 51.197 to read as
1-7 follows:
1-8 Sec. 51.191. DIVISION OF CERTAIN CONVERTED DISTRICTS.
1-9 (a) This section applies only to a district converted under
1-10 Subchapter B on or before the effective date of this section.
1-11 (b) A district that after conversion under Subchapter B
1-12 reserved, under Section 51.044, the powers provided by Sections
1-13 53.029-53.034, 53.040, and 53.041, may divide into two or more new
1-14 districts in the manner provided by those sections.
1-15 (c) The district shall conduct the election on the
1-16 proposition to divide the district in the manner provided by
1-17 Sections 49.101 and 49.102(a)-(h) except that the ballots must be
1-18 printed to permit voting for or against the proposition of dividing
1-19 the district.
1-20 (d) Each district that results from a division of a district
1-21 under this section may divide into two or more districts in the
1-22 same manner.
1-23 Sec. 51.192. POWERS OF CERTAIN CONVERTED DISTRICTS. (a)
1-24 This section applies only to a district that:
2-1 (1) after conversion under Subchapter B reserved,
2-2 under Section 51.044, the powers provided by Sections
2-3 53.029-53.034, 53.040, and 53.041; and
2-4 (2) was converted on or before the effective date of
2-5 this section.
2-6 (b) The governing body of a district that does not have
2-7 bonded indebtedness by resolution may change the district's name.
2-8 (c) A district that has the rights, authority, privileges,
2-9 and functions of a road district created under Article III, Section
2-10 52, Texas Constitution, may:
2-11 (1) acquire, construct, or finance a road, roadway,
2-12 street, entry way, alley, easement, right-of-way, bridge, or
2-13 drainage facility:
2-14 (A) inside or outside the boundaries of the
2-15 district; or
2-16 (B) inside the boundaries of a municipality if
2-17 the governing body of the municipality approves the improvement;
2-18 (2) enter into a franchise agreement;
2-19 (3) grant a license;
2-20 (4) grant a right-of-way;
2-21 (5) enter into an agreement with a gas, electric,
2-22 telephone, telecommunications, cable television, or other public
2-23 utility to permit the utility's use of a district road, roadway,
2-24 street, entry way, alley, easement, right-of-way, bridge, drainage
2-25 facility, or other facility or interest in real or personal
2-26 property; and
2-27 (6) use for any purpose revenue derived from an
3-1 agreement entered under Subdivision (5).
3-2 (d) The governing body of a district may exercise the
3-3 authority provided by this section without the approval or consent
3-4 of another political subdivision, except as provided by:
3-5 (1) Subsection (c)(1)(B); or
3-6 (2) an agreement that provides otherwise.
3-7 (e) The district shall accomplish the alteration at the
3-8 district's sole expense if, in exercising authority provided by
3-9 this section, the district requires the alteration, including
3-10 relocation, adjustment, raising, lowering, rerouting, or changing
3-11 the grade or the construction, of a:
3-12 (1) street, alley, highway, overpass, underpass, road,
3-13 railroad track, or bridge;
3-14 (2) electric line or conduit;
3-15 (3) telephone or telegraph line or conduit;
3-16 (4) gas transmission or distribution pipeline, main,
3-17 or other gas transmission or distribution facility or property;
3-18 (5) water, sanitary sewer, or storm sewer pipe,
3-19 pipeline, main, or other facility or property; or
3-20 (6) cable television line, cable, or conduit.
3-21 (f) The district shall pay damages that the owners of the
3-22 property or facility suffer because of an activity described by
3-23 Subsection (e).
3-24 Sec. 51.193. DEVELOPMENT POWERS OF CERTAIN CONVERTED
3-25 DISTRICTS; SPECIAL TAXES. (a) This section applies only to a
3-26 district that:
3-27 (1) after conversion under Subchapter B reserved,
4-1 under Section 51.044, the powers provided by Sections
4-2 53.029-53.034, 53.040, and 53.041; and
4-3 (2) was converted on or before the effective date of
4-4 this section.
4-5 (b) A person may present to the governing body of a district
4-6 a petition requesting that the district undertake a particular
4-7 development project. The petition must:
4-8 (1) be signed by the holders of fee simple title to
4-9 all of the land in the district;
4-10 (2) state the general nature of the proposed project
4-11 and the cost of the project as estimated by the petitioners; and
4-12 (3) state the necessity and feasibility of the project
4-13 and whether the project will serve the public purpose of attracting
4-14 visitors and tourists to the district.
4-15 (c) Not later than the 60th day after the date the governing
4-16 body receives the petition, the governing body shall set a date,
4-17 time, and place for a hearing on the subject of the petition. The
4-18 notice must be in accordance with Sections 312.607 and 312.608, Tax
4-19 Code.
4-20 (d) At the hearing:
4-21 (1) the governing body shall examine the petition to
4-22 ascertain the petition's sufficiency; and
4-23 (2) any interested person may appear before the
4-24 governing body and present testimony on:
4-25 (A) the sufficiency of the petition; or
4-26 (B) the question of whether the district should
4-27 undertake the project.
5-1 (e) The governing body shall enter an order calling an
5-2 election to be held on the question of whether the district should
5-3 undertake the project if, after the hearing, the body finds that:
5-4 (1) the petition conforms to the requirements of this
5-5 section;
5-6 (2) the project is feasible and necessary; and
5-7 (3) the project would serve the public purpose of
5-8 attracting visitors and tourists to the district.
5-9 (f) The governing body shall deny the petition if the body
5-10 fails to find any of the elements provided by Subsection (d).
5-11 (g) An order calling an election under this section must
5-12 conform to the requirements of Section 312.614, Tax Code. The
5-13 district shall give notice of the election and hold the election in
5-14 accordance with Sections 312.614-312.617, Tax Code. The ballots
5-15 must be printed to permit voting for or against the proposition of
5-16 permitting the district to:
5-17 (1) undertake the proposed project; and
5-18 (2) impose a sales and use tax and a hotel occupancy
5-19 tax.
5-20 (h) If the voters approve the project and taxes under this
5-21 section, the governing body may:
5-22 (1) exercise the powers of a district created under
5-23 Subchapter D, Chapter 312, Tax Code; and
5-24 (2) may impose a hotel occupancy tax as provided by,
5-25 and subject to the limitations of, Section 352.107, Tax Code.
5-26 (i) The district may not pledge a sales and use tax imposed
5-27 under this section to secure the payment of a bond or other
6-1 obligation.
6-2 (j) The district may pledge a hotel occupancy tax imposed
6-3 under this section to secure the payment of a bond or other
6-4 obligation.
6-5 Sec. 51.196. LEASE PURCHASE CONTRACT AND PAYMENTS BY CERTAIN
6-6 DISTRICTS. (a) A district created before the effective date of
6-7 this section may acquire real property, personal property, or mixed
6-8 property by a lease purchase contract.
6-9 (b) The district may make payments on a lease purchase
6-10 contract from the district's annual revenues that accrue from the
6-11 district's system and properties on approval by the governing body.
6-12 (c) The district may make payments on a lease purchase
6-13 contract from tax revenues pledged to the payment of the contract
6-14 if the tax is approved after an election held as provided by
6-15 Section 49.108.
6-16 Sec. 51.197. ANNEXATION BY CERTAIN DISTRICTS. (a) A
6-17 district created before the effective date of this section may
6-18 annex land adjacent to the district and provide services to the
6-19 annexed land as provided by Section 49.301 if the district has:
6-20 (1) in the opinion of a registered professional
6-21 engineer, fresh water supply and sanitary sewer capacity that
6-22 exceeds the amount necessary to provide water and sewer services to
6-23 all property in the district; and
6-24 (2) bonding authority approved by the voters
6-25 sufficient to provide water, sewage, and drainage services to all
6-26 property in the district and to the land proposed for annexation.
6-27 (b) If the annexed property is not in the boundaries of a
7-1 municipality, the annexation of the property is presumed valid and
7-2 incontestable. If the property to be annexed is in the boundaries
7-3 or extraterritorial jurisdiction of a municipality, the district
7-4 must obtain the written consent of the governing body of the
7-5 municipality before the annexation. For purposes of this section,
7-6 property separated from the district by a public road is considered
7-7 adjacent to the district.
7-8 SECTION 2. The importance of this legislation and the
7-9 crowded condition of the calendars in both houses create an
7-10 emergency and an imperative public necessity that the
7-11 constitutional rule requiring bills to be read on three several
7-12 days in each house be suspended, and this rule is hereby suspended,
7-13 and that this Act take effect and be in force from and after its
7-14 passage, and it is so enacted.