By Lewis of Orange H.B. No. 1069
76R4179 SKT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility of a water supply or sewer service
1-3 corporation to be converted into a special utility district.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 65.001(10), Water Code, is amended to
1-6 read as follows:
1-7 (10) "Water supply or sewer service corporation" means
1-8 any member-owned, member-controlled, nonprofit [consumer-owned]
1-9 water supply or sewer service corporation created and operating
1-10 under Chapter 67 [76, Acts of the 43rd Legislature, 1st Called
1-11 Session, 1933 (Article 1434a, Vernon's Texas Civil Statutes)],
1-12 that:
1-13 (A) provides water supply services to
1-14 noncontiguous subdivisions in two or more counties, at least one of
1-15 which counties has a population greater than two million; or
1-16 (B) is [on or before January 1, 1985, was]
1-17 providing the services of a water supply or sewer service
1-18 corporation under a certificate of convenience and necessity issued
1-19 by the commission or a predecessor agency [Public Utility
1-20 Commission of Texas].
1-21 SECTION 2. Sections 65.014, 65.015, and 65.022, Water Code,
1-22 are amended to read as follows:
1-23 Sec. 65.014. CERTIFIED RESOLUTION SEEKING CREATION OF
1-24 DISTRICT. (a) If creation of a district is proposed by a water
2-1 supply or sewer service corporation, a certified copy of a
2-2 resolution requesting creation must be filed with the commission.
2-3 (b) The resolution shall be signed by the president and
2-4 secretary of the board of directors of a water supply or sewer
2-5 service corporation and shall state that the water supply or sewer
2-6 service corporation, acting through its board of directors, has
2-7 found that it is necessary and desirable for the water supply or
2-8 sewer service corporation to be converted into a district.
2-9 Sec. 65.015. CONTENTS OF RESOLUTION. In addition to the
2-10 requirements stated in Section 65.014 [of this code], the
2-11 resolution shall:
2-12 (1) describe the boundaries of the proposed district
2-13 by metes and bounds or by lot and block number, if there is a
2-14 recorded map or plat and survey of the area, or by any other
2-15 commonly recognized means in a certificate attached to the
2-16 resolution executed by a registered professional engineer;
2-17 (2) state the general nature of the services presently
2-18 performed by the water supply or sewer service corporation, the
2-19 general nature of the services proposed to be provided by the
2-20 district, and the necessity for the services provided by the
2-21 district;
2-22 (3) include a name of the district that is generally
2-23 descriptive of the location of the district followed by the words
2-24 special utility district, but may not be the same name as any other
2-25 district in the same county; and
2-26 (4) include the names of not less than five and not
2-27 more than 11 qualified persons to serve as the initial board of
3-1 directors of the district.
3-2 Sec. 65.022. TEMPORARY DIRECTORS. If the commission
3-3 authorizes the creation of the district, it shall appoint those
3-4 persons whose names are listed in the resolution filed with the
3-5 commission by the water supply or sewer service corporation to
3-6 serve as temporary directors until initial directors are elected as
3-7 provided by this subchapter.
3-8 SECTION 3. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended,
3-13 and that this Act take effect and be in force from and after its
3-14 passage, and it is so enacted.