78R7896 RCJ-F


By:  Cook of Colorado                                             H.B. No. 1014

Substitute the following for H.B. No. 1014:                                   

By:  Geren                                                    C.S.H.B. No. 1014


A BILL TO BE ENTITLED
AN ACT
relating to the purposes for which a special utility district may be created. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 65.012, Water Code, is amended to read as follows: Sec. 65.012. PURPOSES OF DISTRICT. A district may be created [for the following purposes]: (1) to purchase, own, hold, lease, and otherwise acquire sources of water supply; to build, operate, and maintain facilities for the transportation of water; and to sell water to towns, cities, and other political subdivisions of this state, to private business entities, and to individuals; (2) for the establishment, operation, and maintenance of fire-fighting facilities to perform all fire-fighting activities within the district; or [and] (3) for the protection, preservation, and restoration of the purity and sanitary condition of water within the district. SECTION 2. Section 65.015, Water Code, is amended to read as follows: Sec. 65.015. CONTENTS OF RESOLUTION. In addition to the requirements stated in Section 65.014, the resolution shall: (1) describe the boundaries of the proposed district by metes and bounds or by lot and block number, if there is a recorded map or plat and survey of the area, or by any other commonly recognized means in a certificate attached to the resolution executed by a registered professional engineer; (2) state the general nature of the services presently performed by the water supply or sewer service corporation, the general nature of the services proposed to be provided by the district, and the necessity for the services provided by the district; (3) include a name of the district that is generally descriptive of the location of the district followed by the words special utility district, but may not be the same name as any other district in the same county; [and] (4) include the names of not less than five and not more than 11 qualified persons to serve as the initial board of directors of the district; and (5) specify each purpose for which the district is being established. SECTION 3. (a) This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003. (b) The change in law made by this Act to Section 65.015, Water Code, applies to a certified resolution filed on or after September 1, 2001.