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A BILL TO BE ENTITLED
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AN ACT
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relating to franchises granted by navigation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 61.164(b) and (d), Water Code, are |
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amended to read as follows: |
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(b) No franchise shall be granted for longer than 50 [30] |
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years nor shall a franchise be granted except on the affirmative |
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vote of a majority of the commissioners at three separate meetings |
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of the commission which meetings may not be closer together than one |
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week. The third meeting at which the commission votes to grant a |
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franchise may not take place before the date the notice required by |
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Subsection (c) is published for the third time. |
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(d) The franchise shall require the grantee to file a [his
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or their] written acceptance within 30 days after the franchise is |
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finally approved by the commission. Unless the district and the |
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grantee agree on a later date, the effective date of the franchise |
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is the date the grantee files the written acceptance with the |
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commission. |
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SECTION 2. Section 63.178, Water Code, is amended by |
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amending Subsections (b), (c), and (d) and adding Subsection (c-1) |
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to read as follows: |
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(b) A franchise may be granted for a period of not more than |
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50 [30] years. |
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(c) Before the franchise is granted, the commission must |
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approve the franchise by a majority vote at three separate meetings |
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held at least one week apart and must publish notice. The third |
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meeting at which the commission votes to grant a franchise may not |
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take place before the date the notice required by this subsection is |
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published for the third time. |
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(c-1) For the purposes of Subsection (c) [this subsection], |
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notice must be published at the expense of the applicant, once a |
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week for three consecutive weeks in a newspaper published in the |
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district. The notice must consist of: |
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(1) the text of the franchise in full; or |
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(2) a descriptive caption stating the purpose of the |
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franchise and the location at which a complete copy of the franchise |
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may be obtained. |
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(d) The franchise shall require the grantee to file a [his] |
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written acceptance within 30 days from the day the franchise is |
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finally approved by the commission. Unless the district and the |
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grantee agree on a later date, the effective date of the franchise |
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is the date the grantee files the written acceptance with the |
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commission. |
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SECTION 3. This Act takes effect September 1, 2017. |