This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.
78R4888 SGA-D
By: Brown of Kaufman H.B. No. 1990
A BILL TO BE ENTITLED
AN ACT
relating to annexation of territory by certain water districts and
subsequent division of the districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.714, Water Code, is amended to read as
follows:
Sec. 51.714. ADDING LAND BY PETITION OF LANDOWNER. (a) The
owner of land may file with the board a petition requesting that the
land described by metes and bounds in the petition be included in
the district. Notwithstanding any municipal ordinance,
resolution, or any other statute to the contrary, a municipality
may not require the annexing district or the landowner who is
requesting annexation to obtain the municipality's consent to the
district's annexation of the additional land if, at the time the
petition is filed, the land to be annexed is contiguous to the
district and at any time within the preceding 12 months was not
located within an area designated by ordinance or resolution of the
municipality's governing body as the municipality's water and sewer
service area or corporate limits, and the district has not
previously issued any bonded indebtedness. The land shall be
deemed to be contiguous to the district if it is separated from the
district by public land or right of way. A district may not
increase its total land area by more than 100 percent in any one
calendar year. A municipality's consent shall not be required for
the inclusion or annexation of irrigable land within the boundaries
of a district primarily engaged in providing irrigation service to
lands within its boundaries.
(b) Notwithstanding Subsection (a), a district annexing
land under this section must comply with Section 51.7141, and to the
extent of any conflict with that section, Section 51.7141 prevails.
SECTION 2. Subchapter O, Chapter 51, Water Code, is amended
by adding Section 51.7141 to read as follows:
Sec. 51.7141. LIMITATION ON ANNEXATION. (a) A district may
annex only land the boundary of which is one mile or less from the
boundary of the district.
(b) If part or all of the land to be annexed under Subsection
(a) is within the extraterritorial jurisdiction of a municipality,
the district must obtain the written approval of the governing body
of the municipality to annex the land.
(c) If part or all of the land to be annexed under Subsection
(a) is in another county, the district must obtain the written
approval of the commissioners court of that county to annex the
land.
SECTION 3. Section 51.748(a), Water Code, is amended to
read as follows:
(a) Except as provided by Section 51.7481, an [An] original
district heretofore created and governed by the provisions of this
chapter (an "original district") that does not have any outstanding
indebtedness secured by the taxes or net revenues of an original
district may divide into two or more districts as provided by
Sections 51.749 through 51.758 of this code; provided, however, no
division shall occur that would result in the creation of a district
of less than 100 acres in size. Upon petition of any landowner or
upon the board's own motion, the board may consider a proposal to
divide the original district.
SECTION 4. Subchapter O, Chapter 51, Water Code, is amended
by adding Section 51.7481 to read as follows:
Sec. 51.7481. PREREQUISITES TO DIVISION OF DISTRICT. (a)
Before a district may hold an election under this subchapter to
divide into two separate districts, the district must obtain
written approval for the division as provided by Subsection (b),
(c), or (d).
(b) If the commissioners court of the county in which the
district was created granted the petition to create the district
under Section 51.021, Water Code, or a predecessor statute, the
district shall obtain the approval of the commissioners court.
(c) If the commission or a predecessor agency ordered the
creation of the district under Section 51.027, Water Code, or a
predecessor statute, the district shall obtain the approval of the
commission.
(d) If the legislature created the district under Section
52(b), Article III, or Section 59, Article XVI, Texas Constitution,
the district shall obtain the approval of the commission.
(e) If the division into two districts will result in a new
district located partly or wholly in a county other than the county
of the original district, and the original district was created on
the approval only of the commissioners court in the original
county, the original district must obtain the written approval of
the commissioners court in the added county of the proposed new
district before the district may hold an election to divide under
this subchapter.
SECTION 5. Section 53.029(b), Water Code, is amended to
read as follows:
(b) Except as provided by Section 53.0291, a [A] district
covered by this section may be divided into two new districts if it
has no outstanding bonded debt and is not levying ad valorem taxes.
The division procedure is prescribed by Sections 53.030 to 53.041
of this code.
SECTION 6. Subchapter B, Chapter 53, Water Code, is amended
by adding Section 53.0291 to read as follows:
Sec. 53.0291. PREREQUISITES TO DIVISION OF DISTRICT. (a)
Before a district may hold an election under this subchapter to
divide into two separate districts, the district must obtain
written approval for the division as provided by Subsection (b) or
(c).
(b) If the commissioners court of the county in which the
district was created approved the petition to create the district
under this subchapter or under predecessor statutes, the district
shall obtain the approval of the commissioners court.
(c) If the legislature created the district under Section
59, Article XVI, Texas Constitution, the district shall obtain the
approval of the commission.
(d) If the division into two districts will result in a new
district located partly or wholly in a county other than the county
of the original district, and the original district was created on
the approval only of the commissioners court in the original
county, the original district must obtain the written approval of
the commissioners court in the added county of the proposed new
district before the district may hold an election to divide under
this subchapter.
SECTION 7. Subchapter D, Chapter 53, Water Code, is amended
by adding Section 53.1041 to read as follows:
Sec. 53.1041. LIMITATION ON ANNEXATION. (a) A district may
annex only land the boundary of which is one mile or less from the
boundary of the district.
(b) If part or all of the land to be annexed under Subsection
(a) is within the extraterritorial jurisdiction of a municipality,
the district must obtain the written approval of the governing body
of the municipality to annex the land.
(c) If part or all of the land to be annexed under Subsection
(a) is in another county, the district must obtain the written
approval of the commissioners court of that county to annex the
land.
SECTION 8. (a) Sections 51.7141 and 53.1041, Water Code, as
added by this Act, apply only to an annexation of land for which the
petition requesting annexation is submitted on or after the
effective date of this Act.
(b) Sections 51.7481 and 53.0291, Water Code, as added by
this Act, apply only to the proposed division of a water control and
improvement district or a fresh water supply district, as
applicable, for which the election to confirm division of the
district is scheduled to be held on a date 30 days or more after the
effective date of this Act.
SECTION 9. 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.