1-1 By: Najera (Senate Sponsor - Shapleigh) H.B. No. 3034 1-2 (In the Senate - Received from the House April 23, 2001; 1-3 April 24, 2001, read first time and referred to Committee on 1-4 Natural Resources; May 10, 2001, reported favorably by the 1-5 following vote: Yeas 4, Nays 0; May 10, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to certain fees imposed by the Lower Valley Water 1-9 District. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 780, Acts of the 69th Legislature, Regular 1-12 Session, 1985, is amended by adding Section 14A to read as follows: 1-13 Sec. 14A. (a) The Lower Valley Water District shall give to 1-14 each owner of property who is not receiving district sewer services 1-15 and on whom the district imposes a fee to encourage connection to 1-16 district sewer services a notice of the fee in both English and 1-17 Spanish that includes: 1-18 (1) a clear explanation of the amount and purpose of 1-19 the fee; 1-20 (2) a comparison of the costs of connecting to 1-21 district sewer services and the amount of the fee; 1-22 (3) an explanation of the district rule under which 1-23 the fee is charged and an explanation of what the person may do to 1-24 avoid the fee if the person believes the fee is being imposed in 1-25 error; 1-26 (4) a request that the person respond to the notice to 1-27 indicate whether the person would prefer to avoid the fee by 1-28 connecting to district sewer services or whether the person refuses 1-29 the services; and 1-30 (5) a form and addressed envelope for the response 1-31 under Subdivision (4). 1-32 (b) For each person on whom the fee is imposed, the district 1-33 shall give notice under Subsection (a) at least annually and by 1-34 certified mail, return receipt requested. The district must mail 1-35 the notice to a person at least 90 days before the district first 1-36 imposes the fee on the person. 1-37 (c) The Lower Valley Water District shall maintain records 1-38 of responses received to the notifications mailed under this 1-39 section. The district shall continue to notify a person until the 1-40 district obtains and files the person's signed response to the 1-41 notification. 1-42 (d) The Lower Valley Water District shall ensure a fee 1-43 described by Subsection (a) is not imposed on a person unless it 1-44 is clear that the person is required to pay the fee under district 1-45 rules. 1-46 SECTION 2. (a) This Act takes effect immediately if it 1-47 receives a vote of two-thirds of all the members elected to each 1-48 house, as provided by Section 39, Article III, Texas Constitution. 1-49 (b) If this Act does not receive the vote necessary for 1-50 immediate effect, this Act takes effect September 1, 2001. 1-51 (c) Not later than the 30th day after the effective date of 1-52 this Act, the Lower Valley Water District shall suspend any fee 1-53 imposed by the district to which Section 14A, Chapter 780, Acts of 1-54 the 69th Legislature, Regular Session, 1985, as added by this Act, 1-55 applies. The district may not impose the suspended fee on any 1-56 person unless the district has on file the person's signed refusal 1-57 of the district's sewer services in response to a notice as 1-58 provided by Section 14A(c), Chapter 780, Acts of the 69th 1-59 Legislature, Regular Session, 1985, as added by this Act. 1-60 * * * * *