1-1 By: Wentworth S.B. No. 1558 1-2 (In the Senate - Filed March 14, 1997; March 20, 1997, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 10, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 10, Nays 0; April 10, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1558 By: Wentworth 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to adding land to a defined area within a water control 1-11 and improvement district by petition of landowner. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter L, Chapter 51, Water Code, is amended 1-14 by adding Section 51.5301 to read as follows: 1-15 Sec. 51.5301. ADDING LAND TO DEFINED AREA BY PETITION OF 1-16 LANDOWNER. (a) The owner of land subject to a water quality plan 1-17 approved by the commission may file with the board a petition 1-18 requesting that the land described by metes and bounds in the 1-19 petition, whether contiguous or not to the defined area, be 1-20 included within a defined area previously established under Section 1-21 51.518. 1-22 (b) If the defined area has bonds, notes, or other 1-23 obligations outstanding or bonds payable in whole or in part from 1-24 taxes that have been voted but are unissued for the defined area, 1-25 the board may require the petitioner or petitioners to assume their 1-26 share of the outstanding bonds, notes, or other obligations and the 1-27 voted but unissued tax bonds of the defined area and to authorize 1-28 the board to levy a tax on their property in each year in which any 1-29 of the bonds, notes, or other obligations payable in whole or in 1-30 part from taxation on the defined area are outstanding to pay their 1-31 share of the indebtedness. 1-32 (c) A petition of the landowner to add land to the defined 1-33 area shall be signed and executed in the manner provided by law for 1-34 the conveyance of real estate. 1-35 (d) The board shall hear and consider the petition and may 1-36 add to the defined area the land described in the petition if it is 1-37 feasible, practicable, and to the advantage of the defined area and 1-38 if the defined area's system and other improvements of the defined 1-39 area are sufficient or will be sufficient to supply the added land 1-40 without injuring land already in the defined area. 1-41 (e) If the defined area has bonds payable in whole or in 1-42 part from taxation of a defined area that are voted but unissued at 1-43 the time of annexation and the petitioners assume the bonds and 1-44 authorize the district to levy a tax on their property to pay the 1-45 bonds of the defined area, the board may issue the voted but 1-46 unissued bonds even though the boundaries of the defined area have 1-47 been altered since the authorization of the bonds. 1-48 (f) The granted petition shall be filed for record and shall 1-49 be recorded in the office of the county clerk of the county or 1-50 counties in which the added land is located. 1-51 SECTION 2. The importance of this legislation and the 1-52 crowded condition of the calendars in both houses create an 1-53 emergency and an imperative public necessity that the 1-54 constitutional rule requiring bills to be read on three several 1-55 days in each house be suspended, and this rule is hereby suspended. 1-56 * * * * *