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A BILL TO BE ENTITLED
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AN ACT
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relating to the notice requirements for bills proposing the |
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creation of or annexation of land to certain special purpose |
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districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 313.006, Government Code, |
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is amended to read as follows: |
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Sec. 313.006. NOTICE FOR LAWS ESTABLISHING OR ADDING |
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TERRITORY TO MUNICIPAL MANAGEMENT DISTRICTS. |
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SECTION 2. Sections 313.006(a), (b), and (d), Government |
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Code, are amended to read as follows: |
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(a) In addition to the other requirements of this chapter, a |
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person, other than a member of the legislature, who intends to apply |
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for the passage of a law establishing or adding territory to a |
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special district that incorporates a power from Chapter 375, Local |
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Government Code, must provide notice as provided by this section. |
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(b) The person shall notify by mail each person who owns |
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real property [in the] proposed to be included in a new district or |
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to be added to an existing district, according to the most recent |
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certified tax appraisal roll for the county in which the real |
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property is owned. The notice, properly addressed with postage |
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paid, must be deposited with the United States Postal Service not |
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later than the 30th day before the date on which the intended law is |
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introduced in the legislature. |
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(d) The person is not required to mail notice to a person who |
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owns real property in the proposed district or in the area proposed |
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to be added to a district if the property cannot be subject to an |
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assessment by the district. |
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SECTION 3. Section 375.022(b), Local Government Code, is |
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amended to read as follows: |
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(b) The petition must be signed by[:
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[(1)] the owners of a majority of the assessed value of |
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the real property in the proposed district, according to the most |
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recent certified county property tax rolls[; or
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[(2)
50 persons who own real property in the proposed
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district if, according to the most recent certified county property
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tax rolls, more than 50 persons own real property in the proposed
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district]. |
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SECTION 4. Section 49.302(b), Water Code, is amended to |
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read as follows: |
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(b) A petition requesting the annexation of a defined area |
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signed by a majority in value of the owners of land in the defined |
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area, as shown by the tax rolls of the central appraisal district of |
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the county or counties in which such area is located, [or signed by
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50 landowners if the number of landowners is more than 50,] shall |
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describe the land by metes and bounds or by lot and block number if |
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there is a recorded plat of the area and shall be filed with the |
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secretary of the board. |
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SECTION 5. Section 54.014, Water Code, is amended to read as |
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follows: |
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Sec. 54.014. PETITION. When it is proposed to create a |
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district, a petition requesting creation shall be filed with the |
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commission. The petition shall be signed by a majority in value of |
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the holders of title of the land within the proposed district, as |
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indicated by the tax rolls of the central appraisal district. [If
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there are more than 50 persons holding title to the land in the
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proposed district, as indicated by the tax rolls of the central
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appraisal district, the petition is sufficient if it is signed by 50
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holders of title to the land.] |
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SECTION 6. Section 54.016(a), Water Code, is amended to |
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read as follows: |
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(a) No land within the corporate limits of a city or within |
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the extraterritorial jurisdiction of a city, shall be included in a |
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district unless the city grants its written consent, by resolution |
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or ordinance, to the inclusion of the land within the district in |
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accordance with Section 42.042, Local Government Code, and this |
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section. The request to a city for its written consent to the |
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creation of a district, shall be signed by a majority in value of |
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the holders of title of the land within the proposed district as |
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indicated by the county tax rolls [or, if there are more than 50
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persons holding title to the land in the proposed district as
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indicated by the county tax rolls, the request to the city will be
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sufficient if it is signed by 50 holders of title to the land in the
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district]. A petition for the written consent of a city to the |
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inclusion of land within a district shall describe the boundaries |
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of the land to be included in the district by metes and bounds or by |
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lot and block number, if there is a recorded map or plat and survey |
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of the area, and state the general nature of the work proposed to be |
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done, the necessity for the work, and the cost of the project as |
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then estimated by those filing the petition. If, at the time a |
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petition is filed with a city for creation of a district, the |
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district proposes to connect to a city's water or sewer system or |
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proposes to contract with a regional water and wastewater provider |
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which has been designated as such by the commission as of the date |
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such petition is filed, to which the city has made a capital |
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contribution for the water and wastewater facilities serving the |
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area, the proposed district shall be designated as a "city service |
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district." If such proposed district does not meet the criteria for |
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a city service district at the time the petition seeking creation is |
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filed, such district shall be designated as a "noncity service |
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district." The city's consent shall not place any restrictions or |
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conditions on the creation of a noncity service district as defined |
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by Chapter 54 of the Texas Water Code other than those expressly |
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provided in Subsection (e) of this section and shall specifically |
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not limit the amounts of the district's bonds. A city may not |
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require annexation as a consent to creation of any district. A city |
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shall not refuse to approve a district bond issue for any reason |
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except that the district is not in compliance with valid consent |
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requirements applicable to the district. If a city grants its |
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written consent without the concurrence of the applicant to the |
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creation of a noncity service district containing conditions or |
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restrictions that the petitioning land owner or owners reasonably |
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believe exceed the city's powers, such land owner or owners may |
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petition the commission to create the district and to modify the |
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conditions and restrictions of the city's consent. The commission |
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may declare any provision of the consent to be null and void. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |