77R11251 JJT-D                           
         By Najera                                             H.B. No. 3034
         Substitute the following for H.B. No. 3034:
         By Truitt                                         C.S.H.B. No. 3034
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain fees imposed by the Lower Valley Water
 1-3     District.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 780, Acts of the 69th Legislature, Regular
 1-6     Session, 1985, is amended by adding Section 14A to read as follows:
 1-7           Sec. 14A. (a)  The Lower Valley Water District shall give to
 1-8     each owner of property who is not receiving district sewer services
 1-9     and on whom the district imposes a fee to encourage connection to
1-10     district sewer services a notice of the fee in both English and
1-11     Spanish that includes:
1-12                 (1)  a clear explanation of the amount and purpose of
1-13     the fee;
1-14                 (2)  a comparison of the costs of connecting to
1-15     district sewer services and the amount of the fee;
1-16                 (3)  an explanation of the district rule under which
1-17     the fee is charged and an explanation of what the person may do to
1-18     avoid the fee if the person believes the fee is being imposed in
1-19     error;
1-20                 (4)  a request that the person respond to the notice to
1-21     indicate whether the person would prefer to avoid the fee by
1-22     connecting to district sewer services or whether the person refuses
1-23     the services; and
1-24                 (5)  a form and addressed envelope for the response
 2-1     under Subdivision (4).
 2-2           (b)  For each person on whom the fee is imposed, the district
 2-3     shall give notice under Subsection (a)  at least annually and by
 2-4     certified mail, return receipt requested.  The district must mail
 2-5     the notice to a person at least 90 days before the district first
 2-6     imposes the fee on the person.
 2-7           (c)  The Lower Valley Water District shall maintain records
 2-8     of responses received to the notifications mailed under this
 2-9     section.  The district shall continue to notify a person until the
2-10     district obtains and files the person's signed response to the
2-11     notification.
2-12           (d)  The Lower Valley Water District shall ensure a fee
2-13     described by Subsection (a)  is not imposed on a person unless it
2-14     is clear that the person is required to pay the fee under district
2-15     rules.
2-16           SECTION 2. (a)  This Act takes effect immediately if it
2-17     receives a vote of two-thirds of all the members elected to each
2-18     house, as provided by Section 39, Article III, Texas Constitution.
2-19           (b)  If this Act does not receive the vote necessary for
2-20     immediate effect, this Act takes effect September 1, 2001.
2-21           (c)  Not later than the 30th day after the effective date of
2-22     this Act, the Lower Valley Water District shall suspend any fee
2-23     imposed by the district to which Section 14A, Chapter 780, Acts of
2-24     the 69th Legislature, Regular Session, 1985, as added by this Act,
2-25     applies.  The district may not impose the suspended fee on any
2-26     person unless the district has on file the person's signed refusal
2-27     of the district's sewer services in response to a notice as
 3-1     provided by Section 14A(c), Chapter 780, Acts of the 69th
 3-2     Legislature, Regular Session, 1985, as added by this Act.