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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration, powers, and duties of a municipal |
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utility district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.022, Water Code, is amended to read as |
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follows: |
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Sec. 54.022. TEMPORARY DIRECTORS. (a) If the commission |
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grants the petition, it shall appoint five temporary directors to |
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serve until permanent directors are elected. |
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(b) Except as provided by Subsection (c), a majority of |
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temporary directors appointed under Subsection (a) must be |
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residents of: |
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(1) the county in which the district is located; |
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(2) a county adjacent to the county described by |
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Subdivision (1); or |
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(3) if the district is located in a county that is in a |
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metropolitan statistical area designated by the United States |
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Office of Management and Budget or its successor agency, a county in |
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the same metropolitan statistical area as the county in which the |
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district is located. |
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(c) The commission may appoint temporary directors that do |
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not meet the requirements of Subsection (b) if the petition or the |
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application accompanying the petition provides that the petitioner |
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made reasonable efforts but failed to identify candidates meeting |
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those requirements who were willing to serve as temporary |
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directors. |
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SECTION 2. Section 54.030, Water Code, is amended by |
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amending Subsections (b) and (c) and adding Subsections (d) and (e) |
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to 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, after |
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providing notice in accordance with Section 54.032, hold a hearing |
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on the question of the conversion of the district [adopt and enter
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in the minutes of the governing body a resolution declaring that in
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its judgment, conversion] into a municipal utility district |
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operating under this chapter and under Article XVI, Section 59, of |
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the Texas Constitution. |
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(c) The governing body of the converting district must |
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present a general description of any litigation that is pending |
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against the district at the hearing under Subsection (b). |
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(d) After the hearing held under Subsection (b), the |
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governing body of the converting district may adopt and enter in the |
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minutes of the governing body a resolution declaring that in the |
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judgment of the governing body, conversion under that subsection |
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[,] would serve the best interest of the district and would be a |
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benefit to the land and property included in the district. The |
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resolution shall also request that the commission approve [to hold
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a hearing on the question of] the conversion of the district. |
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(e) [(c)] A copy of the resolution under Subsection (d) |
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shall be: |
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(1) filed with the commission; and |
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(2) mailed to each state senator and representative |
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who represents the area in which the district is located. |
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SECTION 3. Section 54.032(a), Water Code, is amended to |
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read as follows: |
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(a) The governing body of a district described by Section |
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54.030(b) shall give notice [Notice] of the conversion hearing |
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[shall be given] by publishing notice in a newspaper with general |
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circulation in the [county or counties in which] the district [is
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located]. |
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SECTION 4. Section 54.033(a), Water Code, is amended to |
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read as follows: |
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(a) After receiving a request for the approval of a |
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conversion under Section 54.030(d) [a hearing], if the commission |
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finds that conversion of the district into one operating under this |
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chapter would serve the best interest of the district and would be a |
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benefit to the land and property included in the district, the |
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commission [it] shall enter an order making this finding and the |
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district shall become a district operating under this chapter and |
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no confirmation election is [shall be] required. |
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SECTION 5. Section 54.022, Water Code, as amended by this |
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Act, does not affect the entitlement of a temporary director |
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serving on the board of directors of a municipal utility district |
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under Chapter 54, Water Code, immediately before the effective date |
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of this Act to continue to serve as a temporary director for the |
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remainder of the director's term. |
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SECTION 6. The changes in law made by this Act apply only to |
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a water district's conversion into a municipal utility district |
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operating under Chapter 54, Water Code, occurring on or after the |
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effective date of this Act. A conversion that occurs before the |
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effective date of this Act is governed by the law in effect on the |
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date the conversion occurred, and the former law is continued in |
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effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2019. |