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A BILL TO BE ENTITLED
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AN ACT
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relating to the filing with the county clerk of certain counties of |
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a draft of a petition requesting the creation of a municipal utility |
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district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 54.001(4) and (5), Water Code, are |
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amended to read as follows: |
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(4) "Commission" means the Texas [Natural Resource |
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Conservation] Commission on Environmental Quality. |
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(5) "Executive director" means the executive director |
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of the commission [Texas Natural Resource Conservation |
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Commission]. |
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SECTION 2. Subchapter B, Chapter 54, Water Code, is amended |
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by adding Section 54.0135 to read as follows: |
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Sec. 54.0135. FILING OF DRAFT OF PETITION WITH COUNTY |
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CLERK. (a) This section applies only to a proposed district |
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described by Section 54.0161(a). |
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(b) At least 30 days before the date an applicant files a |
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petition requesting creation of a proposed district with the |
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commission under Section 54.014, the applicant must file a draft of |
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the petition with the county clerk of each county in which the |
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proposed district is to be located. |
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SECTION 3. Section 54.015, Water Code, is amended to read as |
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follows: |
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Sec. 54.015. CONTENTS OF AND INFORMATION ACCOMPANYING |
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PETITION. (a) The petition shall: |
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(1) describe the boundaries of the proposed district |
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by metes and bounds or by lot and block number, if there is a |
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recorded map or plat and survey of the area; |
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(2) state the general nature of the work proposed to be |
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done, the necessity for the work, and the cost of the project as |
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then estimated by those filing the petition; and |
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(3) include a name of the district which shall be |
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generally descriptive of the locale of the district followed by the |
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words Municipal Utility District, or if a district is located |
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within one county, it may be designated "__________ County |
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Municipal Utility District No. ______." (Insert the name of the |
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county and proper consecutive number.) The proposed district shall |
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not have the same name as any other district in the same county. |
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(b) For a district described by Section 54.0161(a), the |
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petition must be accompanied by evidence that the applicant timely |
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filed a draft of the petition with the county clerk of each county |
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in which the proposed district is to be located as required by |
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Section 54.0135. |
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(c) An applicant may satisfy the requirements of Subsection |
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(b) by filing an affidavit attesting to the fact that the applicant |
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timely filed a draft of the petition as required by Section 54.0135. |
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SECTION 4. Section 54.0135, Water Code, as added by this |
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Act, and Section 54.015, Water Code, as amended by this Act, apply |
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only to a petition requesting creation of a municipal utility |
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district that is filed with the Texas Commission on Environmental |
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Quality on or after the effective date of this Act. A petition |
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requesting creation of a municipal utility district that was filed |
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with the commission before the effective date of this Act is |
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governed by the law in effect on the date the petition was filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2025. |