By Keel                                               H.B. No. 2775
         76R8579 WP-F                          
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the division of water control and improvement
 1-3     districts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 51.748, Water Code, is amended to read as
 1-6     follows:
 1-7           Sec. 51.748.  DIVISION OF ORIGINAL DISTRICT WITH NO
 1-8     OUTSTANDING INDEBTEDNESS.  (a)  An original district [heretofore]
 1-9     created and governed by the provisions of this chapter (an
1-10     "original district") that does not have any outstanding
1-11     indebtedness secured by the taxes or net revenues of an original
1-12     district may divide into two or more districts as provided by
1-13     Sections 51.749 through 51.758 of this code;  provided, however, no
1-14     division shall occur that would result in the creation of a
1-15     district of less than 100 acres in size.  Upon petition of any
1-16     landowner or upon the board's own motion, the board may consider a
1-17     proposal to divide the original district.
1-18           (b)  A district that[:]
1-19                 [(1)  is located in two or more counties;]
1-20                 [(2)  is within the jurisdiction of two river
1-21     authorities, one of which has issued an interbasin transfer permit
1-22     to a city which provides the district's water supply;]
1-23                 [(3)  has not constructed any facilities or incurred
1-24     any indebtedness secured by taxes or net revenues; and]
 2-1                 [(4)]  was created by division under Subsection (a) is,
 2-2     for purposes of further division, an original district and may be
 2-3     divided as provided by that subsection [Sections 51.749 through
 2-4     51.758 of this code may divide into two or more districts as
 2-5     provided by Sections 51.749 through 51.758 of this code; provided,
 2-6     however, no division shall occur that would result in the creation
 2-7     of a district of less than 100 acres in size.  On petition of any
 2-8     landowner or on the board's own motion, the board may consider a
 2-9     proposal to divide the district].
2-10           SECTION 2.  The change in law made by this Act applies only
2-11     to divisions of districts as provided by Section 51.748, Water
2-12     Code, for which the appropriate board orders an election on or
2-13     after the effective date of this Act.  The division of a district
2-14     for which the board ordered an election before the effective date
2-15     of this Act is covered by the law as it existed immediately before
2-16     the effective date of this Act, and that law is continued in
2-17     existence for that purpose.
2-18           SECTION 3.  The importance of this legislation and the
2-19     crowded condition of the calendars in both houses create an
2-20     emergency and an imperative public necessity that the
2-21     constitutional rule requiring bills to be read on three several
2-22     days in each house be suspended, and this rule is hereby suspended,
2-23     and that this Act take effect and be in force from and after its
2-24     passage, and it is so enacted.