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A BILL TO BE ENTITLED
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AN ACT
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relating to the conversion or dissolution of certain conservation |
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and reclamation districts. |
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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 or executive director may dissolve any |
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district that is inactive for a period of five consecutive years and |
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has no outstanding bonded 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 or the |
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executive director may enter an order dissolving the district [at
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the conclusion of the hearing] if the commission or executive |
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director [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 49.326(a), Water Code, is amended to |
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read as follows: |
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(a) Appeals from an [a commission] order dissolving a |
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district shall be filed and heard in the district court of any of |
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the counties in which the land is located. |
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SECTION 4. 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 that the commission approve [to hold a hearing on the
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question of] the conversion of the district. |
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SECTION 5. 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 |
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of 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 6. Section 54.033, Water Code, is amended to read as |
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follows: |
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Sec. 54.033. CONVERSION OF DISTRICT; FINDINGS. (a) If |
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[After a hearing, if] the commission or the executive director |
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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 or executive director [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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(b) If the commission or the executive director finds that |
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the conversion of the district would not serve the best interest of |
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the district and would not be a benefit to the land and property |
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included in the district, the commission or executive director [it] |
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shall enter an order against conversion of the district into one |
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operating under this chapter. |
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(c) The findings of the commission or the executive director |
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entered under this section shall be subject to appeal or review |
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within 30 days after entry of the order [of the commission] granting |
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or denying the conversion. |
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(d) A copy of the [commission] order converting a district |
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shall be filed in the deed records of the county or counties in |
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which the district is located. |
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SECTION 7. Sections 49.322 and 54.031, Water Code, are |
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repealed. |
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SECTION 8. This Act takes effect September 1, 2019. |