By: Lucio  S.B. No. 1987
         (In the Senate - Filed March 10, 2017; March 27, 2017, read
  first time and referred to Committee on Intergovernmental
  Relations; April 5, 2017, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 6, Nays 0,
  1 present not voting; April 5, 2017, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1987 By:  Lucio
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the notice requirements for bills proposing the
  creation of or annexation of land to certain special purpose
  districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 313.006, Government Code,
  is amended to read as follows:
         Sec. 313.006.  NOTICE FOR LAWS ESTABLISHING OR ADDING
  TERRITORY TO MUNICIPAL MANAGEMENT DISTRICTS.
         SECTION 2.  Section 313.006, Government Code, is amended by
  amending Subsections (a), (b), and (d) and adding Subsections (e)
  and (f) to read as follows:
         (a)  In addition to the other requirements of this chapter, a
  person, other than a member of the legislature, who intends to apply
  for the passage of a law establishing or adding territory to a
  special district that incorporates a power from Chapter 375, Local
  Government Code, must provide notice as provided by this section.
         (b)  The person shall notify by mail each person who owns
  real property [in the] proposed to be included in a new district or
  to be added to an existing district, according to the most recent
  certified tax appraisal roll for the county in which the real
  property is owned.  The notice, properly addressed with postage
  paid, must be deposited with the United States Postal Service not
  later than the 30th day before the date on which the intended law is
  introduced in the legislature.
         (d)  The person is not required to mail notice under
  Subsection (b) or (e) to a person who owns real property in the
  proposed district or in the area proposed to be added to a district
  if the property cannot be subject to an assessment by the district.
         (e)  After the introduction of a law in the legislature
  establishing or adding territory to a special district that
  incorporates a power from Chapter 375, Local Government Code, the
  person shall mail to each person who owns real property proposed to
  be included in a new district or to be added to an existing district
  a notice that the legislation has been introduced, including the
  applicable bill number. The notice, properly addressed with
  postage paid, must be deposited with the United States Postal
  Service not later than the 30th day after the date on which the
  intended law is introduced in the legislature. If the person has
  not mailed the notice required under this subsection on the 31st day
  after the date on which the intended law is introduced in the
  legislature, the person may cure the deficiency by immediately
  mailing the notice, but the person shall in no event mail the notice
  later than the date on which the intended law is reported out of
  committee in the chamber other than the chamber in which the
  intended law was introduced. If similar bills are filed in both
  chambers of the legislature, a person is only required to provide a
  single notice under this subsection not later than the 30th day
  after the date the first of the bills is filed.
         (f)  A landowner may waive any notice required under this
  section at any time.
         SECTION 3.  Section 375.022(b), Local Government Code, is
  amended to read as follows:
         (b)  The petition must be signed by[:
               [(1)]  the owners of a majority of the assessed value of
  the real property in the proposed district, according to the most
  recent certified county property tax rolls[; or
               [(2)     50 persons who own real property in the proposed
  district if, according to the most recent certified county property
  tax rolls, more than 50 persons own real property in the proposed
  district].
         SECTION 4.  Section 49.302(b), Water Code, is amended to
  read as follows:
         (b)  A petition requesting the annexation of a defined area
  signed by a majority in value of the owners of land in the defined
  area, as shown by the tax rolls of the central appraisal district of
  the county or counties in which such area is located, [or signed by
  50 landowners if the number of landowners is more than 50,] shall
  describe the land by metes and bounds or by lot and block number if
  there is a recorded plat of the area and shall be filed with the
  secretary of the board.
         SECTION 5.  Section 54.014, Water Code, is amended to read as
  follows:
         Sec. 54.014.  PETITION. When it is proposed to create a
  district, a petition requesting creation shall be filed with the
  commission. The petition shall be signed by a majority in value of
  the holders of title of the land within the proposed district, as
  indicated by the tax rolls of the central appraisal district. [If
  there are more than 50 persons holding title to the land in the
  proposed district, as indicated by the tax rolls of the central
  appraisal district, the petition is sufficient if it is signed by 50
  holders of title to the land.]
         SECTION 6.  Section 54.016(a), Water Code, is 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 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.
         SECTION 7.  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, 2017.
 
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