| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the necessity of hearings regarding the dissolution or |
|
|
conversion of certain conservation and reclamation districts. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter K, Chapter 49, Water Code, is amended |
|
|
by adding Section 49.3225 to read as follows: |
|
|
Sec. 49.3225. ORDER WITHOUT HEARING. (a) The commission |
|
|
may adopt an order under Section 49.324 without conducting a |
|
|
hearing if it receives a petition under this section from: |
|
|
(1) the owners of the majority in value of the land in |
|
|
the district, as shown by the most recent certified tax roll of the |
|
|
central appraisal district of the county or counties in which the |
|
|
district is located; or |
|
|
(2) the board of directors of the district. |
|
|
(b) Not later than the 10th day after the date a petition is |
|
|
submitted under Subsection (a), the petitioners shall: |
|
|
(1) provide notice of the petition by certified mail: |
|
|
(A) to all the landowners in the district, as |
|
|
shown by the most recent certified tax roll of the central appraisal |
|
|
district of the county or counties in which the district is located, |
|
|
who did not sign the petition; and |
|
|
(B) if the petition was submitted by persons |
|
|
described by Subsection (a)(1), to the board of directors; and |
|
|
(2) certify in writing to the commission that the |
|
|
requirements of Subdivision (1) have been met. |
|
|
(c) A notice provided under Subsection (b)(1) must state |
|
|
that the landowner may file a written objection to the dissolution |
|
|
of the district not later than the 30th day after the date the |
|
|
notice was received. |
|
|
(d) If a landowner files a written objection to the |
|
|
dissolution of the district with the commission within the period |
|
|
specified in the notice, the commission shall hold a hearing on the |
|
|
dissolution of the district. The commission shall mail notice of |
|
|
the hearing by first class mail to: |
|
|
(1) the petitioners, and the board of directors if the |
|
|
board of directors did not submit the petition; and |
|
|
(2) each landowner who timely filed a written |
|
|
objection to the dissolution. |
|
|
SECTION 2. Section 54.030(b), Water Code, is amended to |
|
|
read as follows: |
|
|
(b) The governing body of a district which desires to |
|
|
convert into a district operating under this chapter shall adopt |
|
|
and enter in the minutes of the governing body a resolution |
|
|
declaring that in its judgment, conversion into a municipal utility |
|
|
district operating under this chapter and under Article XVI, |
|
|
Section 59, of the Texas Constitution, would serve the best |
|
|
interest of the district and would be a benefit to the land and |
|
|
property included in the district. The resolution shall also |
|
|
request that the commission approve [to hold a hearing on the
|
|
|
question of] the conversion of the district. |
|
|
SECTION 3. Section 54.032, Water Code, is amended to read as |
|
|
follows: |
|
|
Sec. 54.032. CONVERSION OF DISTRICT: NOTICE. (a) Notice |
|
|
of the conversion [hearing] shall be given by publishing notice in a |
|
|
newspaper with general circulation in the county or counties in |
|
|
which the district is located. |
|
|
(b) The notice shall be published once a week for two |
|
|
consecutive weeks [with the first publication to be made not less
|
|
|
than 14 full days before the time set for the hearing]. |
|
|
(c) The notice shall: |
|
|
(1) [state the time and place of the hearing;
|
|
|
[(2)] set out the resolution adopted by the district |
|
|
in full; and |
|
|
(2) [(3)] notify all interested persons how they may |
|
|
offer comments [to appear and offer testimony] for or against the |
|
|
proposal contained in the resolution. |
|
|
SECTION 4. Section 54.033(a), Water Code, is amended to |
|
|
read as follows: |
|
|
(a) If [After a hearing, if] the commission finds that |
|
|
conversion of the district into one operating under this chapter |
|
|
would serve the best interest of the district and would be a benefit |
|
|
to the land and property included in the district, it shall enter an |
|
|
order making this finding and the district shall become a district |
|
|
operating under this chapter and no confirmation election shall be |
|
|
required. |
|
|
SECTION 5. Section 54.031, Water Code, is repealed. |
|
|
SECTION 6. This Act takes effect September 1, 2019. |