By Moffat H.B. No. 2463
75R8754 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 amending Chapter 51, Texas Water Code; authorizing certain water
1-3 control and improvement districts to divide into more than two
1-4 districts after an election; authorizing certain water control and
1-5 improvement districts, after an election, to adopt road district
1-6 powers and county development district powers; authorizing lease
1-7 purchase contracts; authorizing the addition of lands by certain
1-8 districts; containing other provisions and declaring an emergency.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 51.044(e), Water Code as added to read as
1-11 follows:
1-12 (e) A district which, at the time of its conversion under
1-13 Section 51.040 of the Texas Water Code, reserves the powers
1-14 specified in Sections 53.029, 53.030 through 53.035 and 53.037
1-15 through 53.041 of the Texas Water Code may thereafter be divided
1-16 into two or more new districts if it has no outstanding bonded debt
1-17 and is not levying ad valorem taxes. The division procedure
1-18 prescribed by Section 53.030 through 53.035 and 53.037 through
1-19 53.041 of the Texas Water Code may be utilized as often as the
1-20 governing board of each district created in accordance with the
1-21 division procedure deems appropriate.
1-22 SECTION 2. Section 51.044(f), Water Code is added to read as
1-23 follows:
1-24 (f) The district described in Section 51.044(e) of the Texas
2-1 Water Code shall have the following rights, power and authority:
2-2 (1) The governing body of the district shall have the
2-3 right to change the name of the district by adoption of a
2-4 resolution of the district, if the district has no outstanding
2-5 bonded indebtedness;
2-6 (2) If the district has been granted the rights,
2-7 authority, privileges and functions of a road district under
2-8 Article III, Section 52(b)(3) of the Texas Constitution, the
2-9 district shall have authority to acquire, construct and finance
2-10 roads, roadways, streets, entry ways, alleys, easements,
2-11 rights-of-way, bridges, drainage facilities and other facilities
2-12 and interests in real and personal property, inside or outside the
2-13 boundaries of the district or a municipality. In addition, a
2-14 district described in this subsection shall have the right, in
2-15 those areas located outside the boundaries of municipalities, to
2-16 enter into a franchise agreements and grant licenses and
2-17 rights-of-way and enter into other agreements permitting the use of
2-18 its roads, roadways, streets, entry ways, alleys, easements,
2-19 rights-of-way, bridges, drainage facilities and other facilities
2-20 and interests in real and personal property by public utilities,
2-21 including, but not limited to, natural gas, electric, telephone,
2-22 cable television and telecommunications. All revenues realized
2-23 from such agreements may be utilized by the district for any lawful
2-24 purpose." Subject only to agreements the District has previously
2-25 entered into, the governing body of the District may exercise the
2-26 authority granted by this section without the prior approval or
2-27 consent of any other political subdivision of the State.
3-1 (3) If a district, in exercising any of the powers
3-2 conferred by this section, requires the relocation, adjustment,
3-3 raising, lowering, rerouting, or changing the grade of or altering
3-4 the construction of any street, alley, highway, overpass,
3-5 underpass, or road, any railroad track, bridge, or other facilities
3-6 or property, any electric lines, conduits, or other facilities or
3-7 property, any telephone or telegraph lines, conduits, or other
3-8 facilities or property, any gas transmission or distribution pipes,
3-9 pipelines, mains, or other facilities or property, any water,
3-10 sanitary sewer or storm sewer pipes, pipelines, mains, or other
3-11 facilities, or property, any cable television lines, cables,
3-12 conduits, or other facilities or property, or any other pipelines
3-13 and any facilities or properties relating to those pipelines, those
3-14 relocations, adjustments, raising, lowering, rerouting, or changing
3-15 of grade or altering of construction must be accomplished at the
3-16 sole cost and expense of the district, and damages that are
3-17 suffered by the owners of the property or facilities shall be borne
3-18 by the district.
3-19 (4) Upon receipt of a petition of the holders of fee
3-20 simple title to all of the land within a district which complies
3-21 with the requirements of Sections 312.606(1), (4) and (5), Tax
3-22 Code, as amended, the governing body of a district described in
3-23 Section 51.044(e) of the Texas Water Code, as amended, shall post
3-24 notice in the manner required by Section 312.608, Tax Code, as
3-25 amended, conduct a hearing in the manner set forth in
3-26 Section 312.609, Tax Code, as amended and grant or refuse the
3-27 petition in the manner set forth in Section 312.610, Tax Code, as
4-1 amended. Thereafter, the governing body shall have authority to
4-2 call, conduct and canvass a sales and use tax election in the
4-3 manner specified in section 312.614 through 312.617, Tax Code, as
4-4 amended. If a majority of the votes cast in the election favor the
4-5 adoption of the sales and use tax, the district shall have
4-6 authority to impose a hotel occupancy tax in the manner as a county
4-7 development district under Section 352.107, Tax Code, as amended,
4-8 subject to the limitations set forth therein.
4-9 SECTION 3. Section 51.044(g), Water Code is added to read as
4-10 follows:
4-11 (g) A district operating under this chapter shall have the
4-12 following rights, power and authority:
4-13 (1) The district shall have the right to enter into,
4-14 and perform, a lease purchase contract to acquire real property,
4-15 personal property and mixed property. Payments under the lease
4-16 purchase contract may be made from the district's annual revenues
4-17 accruing from its system and properties as determined by the board
4-18 of directors. If an election is conducted in the manner set forth
4-19 in Section 49.108, Water Code, as amended, payments under the lease
4-20 purchase contract may be made from a tax other than operation and
4-21 maintenance taxes, and the tax may be pledged to the repayment of
4-22 the lease purchase contract.
4-23 (2) A district which, in the opinion of a registered
4-24 professional engineer, has fresh water supply capacity and sanitary
4-25 sewer capacity in excess of the amount necessary to provide water
4-26 and sewer services to all property within its boundaries, and which
4-27 has voted bond authorization sufficient to provide water, sewer and
5-1 drainage facilities to all lands within its boundaries and to the
5-2 lands proposed to be added, may add lands adjacent to the
5-3 boundaries of the district and provide all services to the added
5-4 lands which the district provides to properties within the
5-5 boundaries. The procedure for adding the lands shall be the
5-6 procedure set forth in Section 49.301, Texas Water Code, as
5-7 amended. Any such addition of lands shall be valid and
5-8 incontestable so long as the added lands are located outside the
5-9 boundaries of a municipality. If the lands to be added are located
5-10 within the boundaries of a municipality, the district must obtain
5-11 consent for such addition from the municipality. For purposes of
5-12 this subsection, lands which are separated from the boundaries of
5-13 the district by a public road shall be considered to be "adjacent"
5-14 to the boundaries of the district.
5-15 SECTION 4. The importance of this legislation and the
5-16 crowded condition of the calendar in both houses create an
5-17 emergency and an urgent public necessity that the constitutional
5-18 rule requiring bills to be read on three several days in each house
5-19 be suspended, and this rule is hereby suspended, and that this Act
5-20 take effect and be in force from and after its passage and it is so
5-21 enacted.