By: Wentworth S.B. No. 1558
A BILL TO BE ENTITLED
AN ACT
1-1 relating to establishing the boundaries of and adding land to
1-2 defined areas within certain water control and improvement
1-3 districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter L, Chapter 51, Water Code, is amended
1-6 by adding Section 51.5301 to read as follows:
1-7 Sec. 51.5301. ADDING LAND TO DEFINED AREA BY PETITION OF
1-8 LANDOWNER. (a) The owner of land subject to a water quality plan
1-9 approved by the commission may file with the board a petition
1-10 requesting that the land described by metes and bounds in the
1-11 petition, whether contiguous or not to the defined area, be
1-12 included within a defined area previously established under Section
1-13 51.518.
1-14 (b) If the defined area has bonds, notes, or other
1-15 obligations outstanding or bonds payable in whole or in part from
1-16 taxes that have been voted but are unissued for the defined area,
1-17 the board may require the petitioner or petitioners to assume their
1-18 share of the outstanding bonds, notes, or other obligations and the
1-19 voted but unissued tax bonds of the defined area and to authorize
1-20 the board to levy a tax on their property in each year in which any
1-21 of the bonds, notes, or other obligations payable in whole or in
1-22 part from taxation on the defined area are outstanding to pay their
1-23 share of the indebtedness.
2-1 (c) A petition of the landowner to add land to the defined
2-2 area shall be signed and executed in the manner provided by law for
2-3 the conveyance of real estate.
2-4 (d) The board shall hear and consider the petition and may
2-5 add to the defined area the land described in the petition if it is
2-6 feasible, practicable, and to the advantage of the defined area and
2-7 if the defined area's system and other improvements of the defined
2-8 area are sufficient or will be sufficient to supply the added land
2-9 without injuring land already in the defined area.
2-10 (e) If the defined area has bonds payable in whole or in
2-11 part from taxation of a defined area that are voted but unissued at
2-12 the time of annexation and the petitioners assume the bonds and
2-13 authorize the district to levy a tax on their property to pay the
2-14 bonds of the defined area, the board may issue the voted but
2-15 unissued bonds even though the boundaries of the defined area have
2-16 been altered since the authorization of the bonds.
2-17 (f) The granted petition shall be filed for record and shall
2-18 be recorded in the office of the county clerk of the county or
2-19 counties in which the added land is located.
2-20 SECTION 2. (a) The legislature finds that the boundaries of
2-21 the Dallas County Water Control and Improvement District No. 6 (the
2-22 "district") are coterminous with the boundaries of Certificate of
2-23 Convenience and Necessity No. 10061, issued under Section 13.246,
2-24 Water Code, and outlined on the official maps of the Texas Natural
2-25 Resource Conservation Commission. The metes and bounds description
3-1 provided by the district under Subsection (b) of this section
3-2 constitute the legal metes and bounds description of the district's
3-3 territory.
3-4 (b) The district's board of directors shall provide to the
3-5 executive director of the Texas Natural Resource Conservation
3-6 Commission a metes and bounds description of the boundaries
3-7 established in Subsection (a) of this section not later than the
3-8 60th day after the effective date of this section. The metes and
3-9 bounds description provided by the district must be consistent with
3-10 the boundaries of Certificate of Convenience and Necessity No.
3-11 10061.
3-12 (c) An exclusion of land under this section does not affect,
3-13 diminish, or impair the rights of the holders of any outstanding
3-14 and unpaid bonds, warrants, or other obligations of the district or
3-15 the obligation of the board annually to adjust the district's rates
3-16 to provide sufficient revenues for debt service.
3-17 (d) Any land excluded under this section is not released
3-18 from the payment of its pro rata share of the district's
3-19 indebtedness.
3-20 (e) The district shall continue to provide the same level of
3-21 service to any existing customers that might have been excluded as
3-22 a result of this section and at rates equivalent to rates charged
3-23 to customers within its boundaries.
3-24 (f) Within 30 days after completion of the metes and bounds
3-25 description required by Subsection (b) of this section, the
4-1 district shall provide a copy of the metes and bounds with a map of
4-2 the district to mayors of the City of Dallas, the City of Mesquite,
4-3 and the City of Balch Springs.
4-4 SECTION 3. Chapter 535, Acts of the 72nd Legislature,
4-5 Regular Session, 1991, is repealed.
4-6 SECTION 4. The sections of this Act relating to the Dallas
4-7 County Water Control and Improvement District No. 6 take effect
4-8 immediately.
4-9 SECTION 5. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended.