1-1 By: Lewis of Orange (Senate Sponsor - Brown) H.B. No. 1069
1-2 (In the Senate - Received from the House March 29, 1999;
1-3 March 30, 1999, read first time and referred to Committee on
1-4 Natural Resources; May 10, 1999, reported favorably by the
1-5 following vote: Yeas 6, Nays 0; May 10, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the eligibility of a water supply or sewer service
1-9 corporation to be converted into a special utility district.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 65.001(10), Water Code, is amended to
1-12 read as follows:
1-13 (10) "Water supply or sewer service corporation" means
1-14 any member-owned, member-controlled, nonprofit [consumer-owned]
1-15 water supply or sewer service corporation created and operating
1-16 under Chapter 67 [76, Acts of the 43rd Legislature, 1st Called
1-17 Session, 1933 (Article 1434a, Vernon's Texas Civil Statutes)],
1-18 that:
1-19 (A) provides water supply services to
1-20 noncontiguous subdivisions in two or more counties, at least one of
1-21 which counties has a population greater than two million; or
1-22 (B) is [on or before January 1, 1985, was]
1-23 providing the services of a water supply or sewer service
1-24 corporation under a certificate of convenience and necessity issued
1-25 by the commission or a predecessor agency [Public Utility
1-26 Commission of Texas].
1-27 SECTION 2. Sections 65.014, 65.015, and 65.022, Water Code,
1-28 are amended to read as follows:
1-29 Sec. 65.014. CERTIFIED RESOLUTION SEEKING CREATION OF
1-30 DISTRICT. (a) If creation of a district is proposed by a water
1-31 supply or sewer service corporation, a certified copy of a
1-32 resolution requesting creation must be filed with the commission.
1-33 (b) The resolution shall be signed by the president and
1-34 secretary of the board of directors of a water supply or sewer
1-35 service corporation and shall state that the water supply or sewer
1-36 service corporation, acting through its board of directors, has
1-37 found that it is necessary and desirable for the water supply or
1-38 sewer service corporation to be converted into a district.
1-39 Sec. 65.015. CONTENTS OF RESOLUTION. In addition to the
1-40 requirements stated in Section 65.014 [of this code], the
1-41 resolution shall:
1-42 (1) describe the boundaries of the proposed district
1-43 by metes and bounds or by lot and block number, if there is a
1-44 recorded map or plat and survey of the area, or by any other
1-45 commonly recognized means in a certificate attached to the
1-46 resolution executed by a registered professional engineer;
1-47 (2) state the general nature of the services presently
1-48 performed by the water supply or sewer service corporation, the
1-49 general nature of the services proposed to be provided by the
1-50 district, and the necessity for the services provided by the
1-51 district;
1-52 (3) include a name of the district that is generally
1-53 descriptive of the location of the district followed by the words
1-54 special utility district, but may not be the same name as any other
1-55 district in the same county; and
1-56 (4) include the names of not less than five and not
1-57 more than 11 qualified persons to serve as the initial board of
1-58 directors of the district.
1-59 Sec. 65.022. TEMPORARY DIRECTORS. If the commission
1-60 authorizes the creation of the district, it shall appoint those
1-61 persons whose names are listed in the resolution filed with the
1-62 commission by the water supply or sewer service corporation to
1-63 serve as temporary directors until initial directors are elected as
1-64 provided by this subchapter.
2-1 SECTION 3. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended,
2-6 and that this Act take effect and be in force from and after its
2-7 passage, and it is so enacted.
2-8 * * * * *