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No
equivalent provision.
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SECTION 1. Section 49.181,
Water Code, is amended by amending Subsection (f) and adding Subsections
(i), (j), (k), and (l) to read as follows:
(f) The commission shall
determine whether the project to be financed by the bonds is feasible and
issue an order either approving or disapproving, as appropriate, the
issuance of the bonds. If the commission determines that an application
for the approval of bonds complies with the requirements for financial
feasibility and the district submitting the application is not required to
comply with rules regarding project completion, the commission may not
disapprove the issuance of bonds for all or a portion of a project or
require that the funding for all or a portion of a project be escrowed
solely on the basis that the construction of the project is not complete at
the time of the commission's determination. The commission shall
retain a copy of the order and send a copy of the order to the district.
(i) An application for
the approval of bonds under this section may include financing for payment
of creation and organization expenses. Expenses are creation and
organization expenses if the expenses were incurred through the date of the
canvassing of the confirmation election. A commission rule regarding
continuous construction periods or the length of time for the payment of
expenses during construction periods does not apply to expenses described
by this section.
(j) The commission shall
approve an application to issue bonds to finance the costs of spreading and
compacting fill to remove property from the 100-year floodplain made by a
levee improvement district if the application otherwise meets all
applicable requirements for bond applications.
(k) The commission shall
approve an application to issue bonds to finance the costs of spreading and
compacting fill to provide drainage that is made by a municipal utility
district or a district with the powers of a municipal utility district if
the costs are less than the cost of constructing or improving drainage
facilities.
(l) If a district is
approved for the issuance of bonds by the commission to use a certain
return flow of wastewater, the approval applies to subsequent bond
authorizations unless the district seeks approval to use a different return
flow of wastewater.
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No
equivalent provision.
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SECTION 2. Section
49.273(i), Water Code, is amended to read as follows:
(i) If changes in plans,
[or] specifications, or scope of work are necessary or
beneficial to the district, as determined by the board, after the
performance of the contract is begun, or if it is necessary or
beneficial to the district, as determined by the board, to decrease or
increase the quantity of the work to be performed or of the materials,
equipment, or supplies to be furnished, the board may approve change orders
making the changes. The board may grant authority to an official or
employee responsible for purchasing or for administering a contract to
approve a change order that involves an increase or decrease of $50,000 or
less. The aggregate of the change orders that [may not]
increase the original contract price by more than 25 percent[.
Additional change orders] may be issued only as a result of
unanticipated conditions encountered during construction, repair, or
renovation or changes in regulatory criteria or to facilitate project
coordination with other political entities. A change order is not
subject to the requirements of Subsection (d) or (e).
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SECTION 1. Sections 54.016(a)
and (f), Water Code, are amended to read as follows:
(a) No land within the
corporate limits of a city or within the extraterritorial jurisdiction of a
city, shall be included in a district unless the city grants its written
consent, by resolution or ordinance, to the inclusion of the land within
the district in accordance with Section 42.042, Local Government Code, and
this section. The request to a city for its written consent to the
creation of a district, shall be signed by a majority in value of the
holders of title of the land within the proposed district as indicated by
the county tax rolls or, if there are more than 50 persons holding title to
the land in the proposed district as indicated by the county tax rolls, the
request to the city will be sufficient if it is signed by 50 holders of
title to the land in the district. A petition for the written consent of a
city to the inclusion of land within a district shall describe the
boundaries of the land to be included in the district by metes and bounds
or by lot and block number, if there is a recorded map or plat and survey
of the area, and state the general nature of the work proposed to be done,
the necessity for the work, and the cost of the project as then estimated
by those filing the petition. If, at the time a petition is filed with a
city for creation of a district, the district proposes to connect to a
city's water or sewer system or proposes to contract with a regional water
and wastewater provider which has been designated as such by the commission
as of the date such petition is filed, to which the city has made a capital
contribution for the water and wastewater facilities serving the area, the
proposed district shall be designated as a "city service
district." If such proposed district does not meet the criteria for a
city service district at the time the petition seeking creation is filed,
such district shall be designated as a "noncity service
district." The city's consent shall not place any restrictions or
conditions on the creation of a noncity service district as defined by this
chapter [Chapter 54 of the Texas Water Code] other than those
expressly provided in Subsection (e) of this section and shall specifically
not limit the amounts of the district's bonds. A city may not require
annexation as a consent to creation of any district. A city shall not
refuse to approve a district bond issue for any reason except that the
district is not in compliance with valid consent requirements applicable to
the district. If a city grants its written consent without the concurrence
of the applicant to the creation of a noncity service district containing
conditions or restrictions that the petitioning land owner or owners
reasonably believe exceed the city's powers, such land owner or owners may
petition the commission to create the district and to modify the conditions
and restrictions of the city's consent. The commission may declare any
provision of the consent to be null and void. The commission may
approve the creation of a district that includes any portion of the land
covered by the city's consent to creation of the district. The legislature
may create and may validate the creation of a district that includes any
portion of the land covered by the city's consent to the creation of the
district.
(f) A city may provide in
its written consent for the inclusion of land in a district that is
initially located wholly or partly outside the corporate limits of the city
that a contract ("allocation agreement") between the district and
the city be entered into prior to the first issue of bonds, notes,
warrants, or other obligations of the district. The allocation agreement
shall contain the following provisions:
(1) a method by which the
district shall continue to exist following the annexation of all territory
within the district by the city, if the district is [initially]
located outside the corporate limits of the city at the time the
creation of the district is approved by the district's voters;
(2) an allocation of the
taxes or revenues of the district or the city which will assure that,
following the date of the inclusion of all the district's territory within
the corporate limits of the city, the total annual ad valorem taxes
collected by the city and the district from taxable property within the
district does not exceed an amount greater than the city's ad valorem tax
upon such property;
(3) an allocation of
governmental services to be provided by the city or the district following
the date of the inclusion of all of the district's territory within the
corporate limits of the city; and
(4) such other terms and
conditions as may be deemed appropriate by the city.
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SECTION 3. Sections
54.016(a), (b), and (f), Water Code, are amended to read as follows:
(a) No land within the
corporate limits of a city or within the extraterritorial jurisdiction of a
city, shall be included in a district unless the city grants its written
consent, by resolution or ordinance, to the inclusion of the land within
the district in accordance with Section 42.042, Local Government Code, and
this section. The request to a city for its written consent to the
creation of a district, shall be signed by a majority in value of the
holders of title of the land within the proposed district as indicated by
the county tax rolls or, if there are more than 50 persons holding title to
the land in the proposed district as indicated by the county tax rolls, the
request to the city will be sufficient if it is signed by 50 holders of
title to the land in the district. A petition for the written consent of a
city to the inclusion of land within a district shall describe the
boundaries of the land to be included in the district by metes and bounds
or by lot and block number, if there is a recorded map or plat and survey
of the area, and state the general nature of the work proposed to be done,
the necessity for the work, and the cost of the project as then estimated
by those filing the petition. If, at the time a petition is filed with a
city for creation of a district, the district proposes to connect to a
city's water or sewer system or proposes to contract with a regional water
and wastewater provider which has been designated as such by the commission
as of the date such petition is filed, to which the city has made a capital
contribution for the water and wastewater facilities serving the area, the
proposed district shall be designated as a "city service
district." If such proposed district does not meet the criteria for a
city service district at the time the petition seeking creation is filed,
such district shall be designated as a "noncity service
district." The city's consent shall not place any restrictions or
conditions on the creation of a noncity service district as defined by this
chapter [Chapter 54 of the Texas Water Code] other than those
expressly provided in Subsection (e) of this section and shall specifically
not limit the amounts of the district's bonds. A city may not require
annexation as a consent to creation of any district. A city shall not
refuse to approve a district bond issue for any reason except that the
district is not in compliance with valid consent requirements applicable to
the district. If a city grants its written consent without the concurrence
of the applicant to the creation of a noncity service district containing
conditions or restrictions that the petitioning land owner or owners
reasonably believe exceed the city's powers, such land owner or owners may
petition the commission to create the district and to modify the conditions
and restrictions of the city's consent. The commission may declare any
provision of the consent to be null and void. The commission may
approve the creation of a district that includes any portion of the land
covered by the city's consent to creation of the district. The legislature
may create and may validate the creation of a district that includes any
portion of the land covered by the city's consent to the creation of the
district.
(b)
If the governing body of a city fails or refuses to grant permission for
the inclusion of land within its extraterritorial jurisdiction in a
district, including a district created by a special act of the
legislature, within 90 days after receipt of a written request, a
majority of the electors in the area proposed to be included in the
district or the owner or owners of 50 percent or more of the land to be
included may petition the governing body of the city and request the city
to make available to the land the water or sanitary sewer service
contemplated to be provided by the district.
(f) A city may provide in
its written consent for the inclusion of land in a district that is
initially located wholly or partly outside the corporate limits of the city
that a contract ("allocation agreement") between the district and
the city be entered into prior to the first issue of bonds, notes,
warrants, or other obligations of the district. The allocation agreement
shall contain the following provisions:
(1) a method by which the
district shall continue to exist following the annexation of all territory
within the district by the city, if the district is [initially]
located outside the corporate limits of the city at the time the
creation of the district is approved by the district's voters;
(2) an allocation of the
taxes or revenues of the district or the city which will assure that,
following the date of the inclusion of all the district's territory within
the corporate limits of the city, the total annual ad valorem taxes
collected by the city and the district from taxable property within the
district does not exceed an amount greater than the city's ad valorem tax
upon such property;
(3) an allocation of
governmental services to be provided by the city or the district following
the date of the inclusion of all of the district's territory within the
corporate limits of the city; and
(4) such other terms and
conditions as may be deemed appropriate by the city.
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