| |
|
|
SENATE RESOLUTION
|
|
|
BE IT RESOLVED by the Senate of the State of Texas, 85th |
|
|
Legislature, Regular Session, 2017, That Senate Rule 12.03 be |
|
|
suspended in part as provided by Senate Rule 12.08 to enable the |
|
|
conference committee appointed to resolve the differences on |
|
|
Senate Bill 2014 (the administration of certain water districts) |
|
|
to consider and take action on the following matter: |
|
|
(1) Senate Rule 12.03(1) is suspended to permit the |
|
|
committee to amend text not in disagreement in proposed SECTION 5 |
|
|
of the bill, in amended Section 54.016(a), Water Code, 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. |
|
|
Explanation: The change is necessary to clarify that a |
|
|
request to a city for its written consent to the inclusion of land |
|
|
within a district in accordance with Section 42.042, Local |
|
|
Government Code, 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. |
|
|
(2) Senate Rule 12.03(4) is suspended to permit the |
|
|
committee to add text on a matter not included in either the house |
|
|
or senate version of the bill by adding proposed SECTIONS 3 and 4 |
|
|
to the bill to read as follows: |
|
|
SECTION 3. 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 4. 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.] |
|
|
Explanation: The change is necessary to change the |
|
|
petition requirements for creation of or annexation of land to |
|
|
certain special purpose districts. |
|
|
|
|
|
|
|
|
|
| |
|
|
|
_______________________________ |
|
|
|
President of the Senate |
|
|
|
|
|
|
|
I hereby certify that the |
|
|
|
above Resolution was adopted by |
|
|
|
the Senate on May 28, 2017, by the |
|
|
following vote: Yeas 31, Nays 0. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
_______________________________ |
|
|
|
Secretary of the Senate |