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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of water conservation by the Texas |
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Commission on Environmental Quality when determining whether to |
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grant or deny a petition for the creation of certain municipal |
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utility districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.015, Water Code, is amended to read as |
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follows: |
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Sec. 54.015. CONTENTS OF PETITION. 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) if the district will be located wholly or partly in |
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a county located wholly or partly within the boundaries of the Hill |
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Country Priority Groundwater Management Area, include a water |
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conservation plan that meets the requirements of Section 13.146, |
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regardless of whether that section applies to the district; and |
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(4) 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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SECTION 2. Section 54.021(b), Water Code, is amended to |
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read as follows: |
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(b) In determining if the project is feasible and |
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practicable and if it is necessary and would be a benefit to the |
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land included in the district, the commission shall consider: |
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(1) the availability of comparable service from other |
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systems, including but not limited to water districts, |
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municipalities, and regional authorities; |
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(2) the reasonableness of projected construction |
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costs, tax rates, and water and sewer rates; and |
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(3) whether or not the district and its system and |
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subsequent development within the district will have an |
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unreasonable effect on the following: |
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(A) land elevation; |
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(B) subsidence; |
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(C) groundwater level within the region; |
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(D) recharge capability of a groundwater source; |
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(E) natural run-off rates and drainage; |
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(F) water quality; [and] |
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(G) if the district will be located wholly or |
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partly in a county located wholly or partly within the boundaries of |
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the Hill Country Priority Groundwater Management Area, water |
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conservation; and |
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(H) total tax assessments on all land located |
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within a district. |
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SECTION 3. This Act applies only to a petition requesting |
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the creation of a municipal utility district that is filed with the |
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Texas Commission on Environmental Quality on or after the effective |
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date of this Act. A petition requesting the creation of a municipal |
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utility district that was filed with the commission 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 petition was filed, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |