S.B. No. 898
AN ACT
relating to the applicability of provisions concerning bond
approval by the Texas Commission on Environmental Quality to
certain water districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (h), Section 49.181, Water Code, is
amended to read as follows:
(h) This section does not apply to a district if:
(1) the district's boundaries include one entire
county;
(2) the district was created by a special Act of the
legislature and:
(A) the district is located entirely within one
county;
(B) is entirely within one or more home-rule
municipalities;
(C) the total taxable value of the real property
and improvements to the real property zoned by one or more home-rule
municipalities for residential purposes and located within the
district does not exceed 25 percent of the total taxable value of
all taxable property in the district, as shown by the most recent
certified appraisal tax roll prepared by the appraisal district for
the county; and
(D) the district was not required by law to
obtain commission approval of its bonds before the effective date
of this section;
(3) the district is a special water authority; [or]
(4) the district is governed by a board of directors
appointed in whole or in part by the governor, a state agency, or
the governing body or chief elected official of a municipality or
county and does not provide, or propose to provide, water, sewer,
drainage, reclamation, or flood control services to residential
retail or commercial customers as its principal function; or
(5) the district on September 1, 2003:
(A) is a municipal utility district that includes
territory in only two counties;
(B) has outstanding long-term indebtedness that
is rated BBB or better by a nationally recognized rating agency for
municipal securities; and
(C) has at least 5,000 active water connections.
SECTION 2. The change in law made by this Act does not apply
to bonds with regard to which an application and report were
submitted to the Texas Natural Resource Conservation Commission or
the Texas Commission on Environmental Quality under Subsection (b),
Section 49.181, Water Code, before the effective date of this Act.
Those bonds are governed by the law as it existed immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 3. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 898 passed the Senate on
April 25, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 898 passed the House on
May 16, 2003, by the following vote: Yeas 142, Nays 1, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor