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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the Texas Commission on |
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Environmental Quality regarding the approval of conservation and |
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reclamation district petitions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 49.321, Water Code, is amended to read as |
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follows: |
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Sec. 49.321. DISSOLUTION AUTHORITY. After notice [and
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hearing], the commission may dissolve any district that is inactive |
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for a period of five consecutive years and has no outstanding bonded |
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indebtedness. |
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SECTION 2. Section 49.324, Water Code, is amended to read as |
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follows: |
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Sec. 49.324. ORDER OF DISSOLUTION. The commission may |
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enter an order dissolving the district [at the conclusion of the
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hearing] if it finds that the district has performed none of the |
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functions for which it was created for a period of five consecutive |
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years [before the day of the proceeding] and that the district has |
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no outstanding bonded indebtedness. |
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SECTION 3. Section 54.030(b), Water Code, is amended to |
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read as follows: |
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(b) The governing body of a district which desires to |
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convert into a district operating under this chapter shall adopt |
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and enter in the minutes of the governing body a resolution |
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declaring that in its judgment, conversion into a municipal utility |
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district operating under this chapter and under Article XVI, |
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Section 59, of the Texas Constitution, would serve the best |
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interest of the district and would be a benefit to the land and |
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property included in the district. The resolution shall also |
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request [the commission to hold a hearing on the question] approval |
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of the conversion of the district. |
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SECTION 4. Section 54.032, Water Code, is amended to read as |
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follows: |
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Sec. 54.032. CONVERSION OF DISTRICT: NOTICE. (a) Notice of |
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the conversion [hearing] shall be given by publishing notice in a |
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newspaper with general circulation in the county or counties in |
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which the district is located. |
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(b) The notice shall be published once a week for two |
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consecutive weeks [with the first publication to be made not less
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than 14 full days before the time set for the hearing]. |
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(c) The notice shall: |
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(1) [state the time and place of the hearing;] |
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[(2)] set out the resolution adopted by the district |
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in full; and |
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(2) [(3)] notify all interested persons how they may |
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offer comments [to appear and offer testimony] for or against the |
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proposal contained in the resolution. |
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SECTION 5. Section 54.033(a), Water Code, is amended to |
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read as follows: |
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Sec. 54.033. CONVERSION OF DISTRICT; FINDINGS. (a) If |
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[After a hearing, if] the commission finds that conversion of the |
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district into one operating under this chapter would serve the best |
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interest of the district and would be a benefit to the land and |
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property included in the district, it shall enter an order making |
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this finding and the district shall become a district operating |
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under this chapter and no confirmation election shall be required. |
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SECTION 6. Water Code Sections 49.322 and 54.031 are |
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repealed. |
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SECTION 7. This Act takes effect September 1, 2019. |