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A BILL TO BE ENTITLED
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AN ACT
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relating to powers and duties of the Texas Commission on |
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Environmental Quality, including penalty payment plans, the Concho |
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River Watermaster Program, utility and district applications, and |
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the recovery of costs associated with the Texas Clean Rivers |
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Program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.1175, Water Code, is amended to read as |
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follows: |
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Sec. 5.1175. PAYMENT OF PENALTY BY INSTALLMENT. (a) The |
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commission by rule shall allow an entity who [a small business
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that] owes a monetary civil or administrative penalty imposed for a |
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violation of law within the commission's jurisdiction or for a |
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violation of a license, permit, or order issued or rule adopted by |
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the commission to pay the penalty in periodic installments. The |
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rule must provide a procedure for an entity [a qualified small
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business] to apply for permission to pay the penalty over time. |
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(b) [The rule must classify small businesses by their net
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annual receipts and number of employees. A business that is a
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wholly owned subsidiary of a corporation may not qualify as a small
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business under this section.
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[(c)] The rule may vary the period over which the penalty |
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may be paid or the amount of the periodic installments according to |
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the amount of the penalty owed and the size of the business that |
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owes the penalty. The period over which the penalty may be paid may |
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not exceed 36 [12] months. |
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SECTION 2. Subsection (h), Section 13.043, Water Code, is |
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amended to read as follows: |
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(h) The commission or executive director may[, on a motion
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by the executive director or by the appellant under Subsection (a),
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(b), or (f) of this section,] establish interim rates to be in |
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effect until a final decision is made in an appeal filed under |
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Subsection (a), (b), or (f). |
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SECTION 3. Subsections (f), (i), (j), (k), (l), (n), and |
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(o), Section 13.187, Water Code, are amended to read as follows: |
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(f) The regulatory authority may set the matter for hearing |
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on its own motion at any time within 120 days after the effective |
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date of the rate change. [If more than half of the ratepayers of the
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utility receive service in a county with a population of more than
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2.5 million, the hearing must be held at a location in that county.] |
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(i) The regulatory authority or, if the regulatory |
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authority is the commission, the executive director, pending final |
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action in a rate proceeding, may order the utility to deposit all or |
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part of the rate increase received or to be received into an escrow |
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account with a financial institution approved by the regulatory |
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authority. Unless otherwise agreed to by the parties to the rate |
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proceeding, the utility shall refund or credit against future bills |
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all sums collected during the pendency of the rate proceeding in |
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excess of the rate finally ordered plus interest as determined by |
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the regulatory authority. |
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(j) For good cause shown, the regulatory authority or, if |
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the regulatory authority is the commission, the executive director |
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may authorize the release of funds to the utility from the escrow |
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account during the pendency of the proceeding. |
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(k) If the regulatory authority receives at least the number |
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of complaints from ratepayers required for the regulatory authority |
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to set a hearing under Subsection (e), the regulatory authority or, |
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if the regulatory agency is the commission, the executive director |
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may, pending the hearing and a decision, suspend the date the rate |
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change would otherwise be effective. Except as provided by |
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Subsection (d-1), the proposed rate may not be suspended for longer |
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than: |
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(1) 90 days by a local regulatory authority; or |
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(2) 250 [150] days by the commission or executive |
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director. |
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(l) At any time during the pendency of the rate proceeding |
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the regulatory authority or, if the regulatory authority is the |
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commission, the executive director may fix interim rates to remain |
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in effect until a final determination is made on the proposed rate. |
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(n) For good cause shown, the regulatory authority or, if |
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the regulatory authority is the commission, the executive director |
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may at any time during the proceeding require the utility to refund |
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money collected under a proposed rate before the rate was suspended |
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or an interim rate was established to the extent the proposed rate |
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exceeds the existing rate or the interim rate. |
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(o) If a regulatory authority other than the commission or |
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the executive director establishes interim rates or an escrow |
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account, the regulatory authority must make a final determination |
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on the rates not later than the first anniversary of the effective |
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date of the interim rates or escrowed rates or the rates are |
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automatically approved as requested by the utility. |
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SECTION 4. Subsection (c), Section 13.242, Water Code, is |
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amended to read as follows: |
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(c) The commission may by rule allow a municipality or |
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utility or water supply corporation to render retail water or sewer |
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service without a certificate of public convenience and necessity |
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if the municipality has given notice under Section 13.255 of this |
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code that it intends to provide retail water or sewer service to an |
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area or if the utility or water supply corporation has less than 15 |
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potential connections and is not within the certificated area of |
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another retail public utility. |
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SECTION 5. Section 13.248, Water Code, is amended to read as |
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follows: |
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Sec. 13.248. CONTRACTS VALID AND ENFORCEABLE. Contracts |
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between retail public utilities designating areas to be served and |
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customers to be served by those retail public utilities, when |
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approved by the commission or the executive director after public |
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notice [and hearing], are valid and enforceable and are |
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incorporated into the appropriate areas of public convenience and |
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necessity. |
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SECTION 6. Subsection (h), Section 26.0135, Water Code, is |
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amended to read as follows: |
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(h) The commission shall apportion, assess, and recover the |
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reasonable costs of administering the water quality management |
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programs under this section [from users of water and wastewater
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permit holders in the watershed according to the records of the
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commission generally in proportion to their right, through permit
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or contract, to use water from and discharge wastewater in the
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watershed]. Irrigation water rights, non-priority hydroelectric |
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rights of a water right holder that owns or operates privately owned |
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facilities that collectively have a capacity of less than two |
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megawatts, and water rights held in the Texas Water Trust for terms |
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of at least 20 years will not be subject to this assessment. The |
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cost to river authorities and others to conduct water quality |
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monitoring and assessment shall be subject to prior review and |
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approval by the commission as to methods of allocation and total |
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amount to be recovered. The commission shall adopt rules to |
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supervise and implement the water quality monitoring, assessment, |
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and associated costs. The rules shall ensure that water users and |
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wastewater dischargers do not pay excessive amounts, [that program
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funds are equitably apportioned among basins,] that a river |
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authority may recover no more than the actual costs of |
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administering the water quality management programs called for in |
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this section, and that no municipality shall be assessed cost for |
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any efforts that duplicate water quality management activities |
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described in Section 26.177. [The rules concerning the
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apportionment and assessment of reasonable costs shall provide for
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a recovery of not mor e than $5,000,000 annually. Costs recovered
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by the commission are to be deposited to the credit of the water
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resource management account and may be used only to accomplish the
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purposes of this section. The commission may apply not more than 10
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percent of the costs recovered annually toward the commission's
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overhead costs for the administration of this section and the
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implementation of regional water quality assessments. The
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commission, with the assistance and input of each river authority,
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shall file a written report accounting for the costs recovered
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under this section with the governor, the lieutenant governor, and
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the speaker of the house of representatives on or before December 1
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of each even-numbered year.] |
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SECTION 7. Section 49.321, Water Code, is amended to read as |
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follows: |
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Sec. 49.321 DISSOLUTION AUTHORITY. After notice [and
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hearing], the commission or the executive director may dissolve any |
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district that is inactive for a period of five consecutive years and |
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has no outstanding bonded indebtedness. |
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SECTION 8. Section 49.324, Water Code, is amended to read as |
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follows: |
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Sec. 49.324. ORDER OF DISSOLUTION. The commission or the |
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executive director may enter an order dissolving the district [at
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the conclusion of the hearing] if the commission or executive |
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director [it] finds that the district has performed none of the |
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functions for which it was created for a period of five consecutive |
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years [before the day of the proceeding] and that the district has |
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no outstanding bonded indebtedness. |
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SECTION 9. Subsection (b), Section 54.030, Water Code, is |
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amended to read as follows: |
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(b) The governing body of a district which desires to |
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convert into a district operating under this chapter shall adopt |
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and enter in the minutes of the governing body a resolution |
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declaring that in its judgment, conversion into a municipal utility |
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district operating under this chapter and under Article XVI, |
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Section 59, of the Texas Constitution, would serve the best |
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interest of the district and would be a benefit to the land and |
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property included in the district. The resolution shall also |
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request that the commission or the executive director approve [to
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hold a hearing on the question of] the conversion of the district. |
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SECTION 10. Sections 54.032 and 54.033, Water Code, is |
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amended to read as follows: |
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Sec. 54.032. CONVERSION OF DISTRICT: NOTICE. (a) Notice |
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of the conversion [hearing] shall be given by publishing notice in a |
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newspaper with general circulation in the county or counties in |
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which the district is located. |
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(b) The notice shall be published once a week for two |
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consecutive weeks [with the first publication to be made not less
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than 14 full days before the time set for the hearing]. |
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(c) The notice shall: |
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(1) [state the time and place of the hearing;
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[(2)] set out the resolution adopted by the district in |
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full; and |
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(2) [(3)] notify all interested persons how they may |
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offer comments [to appear and offer testimony] for or against the |
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proposal contained in the resolution. |
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Sec. 54.033. CONVERSION OF DISTRICT: FINDINGS. (a) If |
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[After a hearing, if] the commission or the executive director |
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finds that conversion of the district into one operating under this |
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chapter would serve the best interest of the district and would be a |
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benefit to the land and property included in the district, the |
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commissioner or executive director [it] shall enter an order making |
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this finding and the district shall become a district operating |
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under this chapter and no confirmation election shall be required. |
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(b) If the commission or the executive director finds that |
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the conversion of the district would not serve the best interest of |
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the district and would not be a benefit to the land and property |
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included in the district, the commissioner or executive director |
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[it] shall enter an order against conversion of the district into |
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one operating under this chapter. |
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(c) The findings of the commission or the executive director |
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entered under this section shall be subject to appeal or review |
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within 30 days after entry of the order of the commission granting |
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or denying the conversion. |
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(d) A copy of the [commission] order converting a district |
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shall be filed in the deed records of the county or counties in |
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which the district is located. |
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SECTION 11. The changes in law made by Section 3 of this Act |
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apply only to rate applications and appeals filed with the Texas |
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Commission on Environmental Quality on or after the effective date |
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of this Act. Such rate applications made or appeals filed with the |
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commission before the effective date of this Act are governed by the |
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law in effect on the date the application was made or the appeal was |
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filed, and the former law is continued in effect for those purposes. |
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SECTION 12. Sections 11.559, 49.322, and 54.031, Water |
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Code, are repealed. |
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SECTION 13. This Act takes effect September 1, 2009. |