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.