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                                  * * * * *