78R1071 RCJ-F

By:  Madla                                                        S.B. No. 414



A BILL TO BE ENTITLED

AN ACT

relating to certain procedures for consideration of a petition for 
the creation of a fresh water supply district.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 53.016, Water Code, is amended to read as 
follows:       
	Sec. 53.016. TIME AND PLACE OF HEARING.  The commissioners 
court or county judge shall [immediately] set a time and place for a 
hearing on the petition by the commissioners court.  The hearing 
must be held during the period beginning on the 15th day and ending 
with the 30th day after the day the petition is presented.
	SECTION 2.  Section 53.019(a), Water Code, is amended to 
read as follows:    
	(a)  At the hearing on the petition, any person whose land is 
included in or would be affected by the creation of the district may 
appear and contest the creation of the district and may offer 
testimony to show that the district:
		(1)  is or is not necessary;                                           
		(2)  would or would not be a public utility or benefit 
to land in the district; and
		(3)  would or would not be feasible or practicable. 
[The commissioners court shall have jurisdiction to determine all 
issues pertaining to the sufficiency of the petition and shall 
allow any interested person to appear before it in person or by 
attorney to offer testimony relative to the sufficiency of the 
petition.]
	SECTION 3.  Subchapter B, Chapter 53, Water Code, is amended 
by adding Section 53.0195 to read as follows:
	Sec. 53.0195.  GRANTING OR REFUSING PETITION. (a) The 
commissioners court shall grant the petition requesting the 
creation of a district if it appears at the hearing that:
		(1)  organization of the district as requested is 
feasible and practicable;
		(2)  the land to be included and the residents of the 
proposed district will be benefited by the creation of the 
district;
		(3)  there is a public necessity or need for the 
district;  and      
		(4)  the creation of the district would further the 
public welfare.  
	(b)  If the commissioners court fails to make the findings 
required by Subsection (a), it shall refuse to grant the petition.
	(c)  If the commissioners court finds that any of the land 
sought to be included in the proposed district will not be benefited 
by inclusion in the district, it may exclude those lands not to be 
benefited and shall redefine the boundaries of the proposed 
district to include only the land that will receive benefits from 
the district.
	SECTION 4.  This Act applies only to a hearing for which 
notice is given on or after the effective date of this Act.  A 
hearing for which notice is given before the effective date of this 
Act is governed by the law applicable to the hearing immediately 
before the effective date of this Act, and that law is continued in 
effect for that purpose.  
	SECTION 5.  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.