78R5055 RCJ-F
By: Madla S.B. No. 445
A BILL TO BE ENTITLED
AN ACT
relating to requiring a certified copy of an order creating or
dividing a water district to be filed with the county clerk.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.021, Water Code, is amended by adding
Subsection (d) to read as follows:
(d) If the commissioners court or the commission grants the
petition requesting the creation of a district, within 15 days
after the date of the order the commissioners court or the
commission, as appropriate, shall file with the county clerk, for
filing in the county deed records of each county in which a part of
the district is located, the order creating the district. The
filing must explain that the order creating the district must be
confirmed and ratified by an election.
SECTION 2. Section 51.032(b), Water Code, is amended to
read as follows:
(b) A certified copy of the order of the commission granting
a petition and naming the directors shall be filed within 15 days
after the date of the order in the office of the county clerk for
filing in the county deed records of each county in which a portion
of the district is located. The filing must explain that the order
creating the district must be confirmed and ratified by an
election.
SECTION 3. Section 51.749, Water Code, is amended by adding
Subsection (d) to read as follows:
(d) If the division of the original district is approved by
a majority of the qualified voters of the district voting in the
election, within 15 days after the date of the election the board of
the original district shall file with the county clerk, for filing
in the county deed records of each county in which a part of the
district is located, an order declaring the results of the election
and dividing the original district.
SECTION 4. Subchapter B, Chapter 53, Water Code, is amended
by adding Section 53.0195 to read as follows:
Sec. 53.0195. FILING OF ORDER. If the commissioners court
grants a petition requesting the creation of a district, within 15
days after the date of the order the commissioners court shall file
with the county clerk, for filing in the county deed records of each
county in which a part of the district is located, the order
creating the district. The filing must explain that the order
creating the district must be confirmed and ratified by an
election.
SECTION 5. Section 53.040, Water Code, is amended to read as
follows:
Sec. 53.040. ELECTED SUPERVISORS TAKE OFFICE. If the
election results in a division of the district, the five candidates
receiving the most votes in each new district shall be declared
elected. They shall immediately qualify in accordance with Section
49.055. The newly elected supervisors in each new district shall
immediately file with the county clerk, for filing in the county
deed records of each county in which a part of the district is
located, an order declaring the results of the election and
dividing the original district.
SECTION 6. Section 54.021, Water Code, is amended by adding
Subsection (f) to read as follows:
(f) If the commission grants the petition requesting the
creation of a district, within 15 days after the date of the order
the commission shall file with the county clerk, for filing in the
county deed records of each county in which a part of the district
is located, the order creating the district. The filing must
explain that the order creating the district must be confirmed and
ratified by an election.
SECTION 7. (a) This Act takes effect September 1, 2003.
(b) If, before September 1, 2003, the Texas Commission on
Environmental Quality, a county commissioners court, or the
governing body of a district by order has granted a petition for or
authorized the creation or division of a district, subject to a
confirmation election, and the election has not been held before
that date, the commission, commissioners court, or governing body,
as appropriate, not later than September 16, 2003, shall comply
with the filing requirements of Sections 51.021(d), 51.749(d),
53.0195, and 54.021(f), Water Code, as added by this Act, and
Sections 51.032(b) and 53.040, Water Code, as amended by this Act.