By Najera H.B. No. 3034 77R9235 JJT-D 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 may not impose the fee on a person unless 2-10 the district has on file the person's signed refusal to accept the 2-11 district's sewer services. 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, regardless of whether the person responds to the 2-16 notification required by Subsection (a). 2-17 SECTION 2. (a) This Act takes effect immediately if it 2-18 receives a vote of two-thirds of all the members elected to each 2-19 house, as provided by Section 39, Article III, Texas Constitution. 2-20 (b) If this Act does not receive the vote necessary for 2-21 immediate effect, this Act takes effect September 1, 2001. 2-22 (c) Not later than the 30th day after the effective date of 2-23 this Act, the Lower Valley Water District shall suspend any fee 2-24 imposed by the district to which Section 14A, Chapter 780, Acts of 2-25 the 69th Legislature, Regular Session, 1985, as added by this Act, 2-26 applies. The district may not impose the suspended fee on any 2-27 person unless the district has on file the person's signed refusal 3-1 of the district's sewer services in response to a notice as 3-2 provided by Section 14A(c), Chapter 780, Acts of the 69th 3-3 Legislature, Regular Session, 1985, as added by this Act.