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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.