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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 54.021(e), Water Code, is amended to |
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read as follows: |
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(e) A copy of the order of the commission granting or |
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denying a petition shall be mailed to: |
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(1) each city having extraterritorial jurisdiction in |
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the county or counties in which the district is or is proposed to be |
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located who requested a hearing under Section 49.011; and |
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(2) each state senator and representative who |
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represent the area in which the district is or is proposed to be |
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located. |
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SECTION 2. 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) A majority of temporary directors appointed under |
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Subsection (a) must be residents of the county in which the district |
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is located. |
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SECTION 3. Section 54.030, Water Code, is amended by adding |
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Subsection (c-1) to read as follows: |
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(c-1) The governing body of a district described by |
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Subsection (b) shall, at the time a copy of the resolution is filed |
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with the commission under Subsection (c), send by mail to property |
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owners in the district written notice of legal proceedings, if any, |
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pending against the converting district. The converting district |
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biannually until final resolution of the legal proceedings shall |
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send by mail to property owners in the converting district written |
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notice of the status of the proceedings. As soon as practicable |
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after the final resolution of the legal proceedings, the district |
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shall send by mail to the property owners in the converting district |
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written notice of the resolution. |
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SECTION 4. Section 54.032(a), Water Code, is amended to |
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read as follows: |
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(a) Notice of the conversion hearing shall be given by: |
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(1) 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; and |
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(2) sending by mail written notice to landowners who |
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own property adjacent to the boundaries of the district. |
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SECTION 5. Section 54.209, Water Code, is amended to read as |
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follows: |
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Sec. 54.209. LIMITATION ON USE OF EMINENT DOMAIN. A |
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district may not exercise the power of eminent domain outside the |
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district boundaries to acquire: |
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(1) a site for a water treatment plant, water storage |
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facility, wastewater treatment plant, or wastewater disposal plant |
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or a site or easement to discharge treated water or wastewater |
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effluent; |
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(2) a site for a park, swimming pool, or other |
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recreational facility, as defined by Section 49.462; |
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(3) an exclusive easement through a county regional |
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park; or |
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(4) a site or easement for a road project. |
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SECTION 6. 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 7. Sections 54.030 and 54.032, Water Code, as |
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amended by this Act, apply only to a resolution declaring a water |
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district's conversion into a municipal utility district operating |
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under Chapter 54, Water Code, adopted on or after the effective date |
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of this Act. A resolution adopted before the effective date of this |
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Act is governed by the law in effect on the date the resolution was |
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adopted, and the former law is continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2019. |