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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county overlying the Edwards Aquifer |
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to approve the creation of and issuance of bonds by 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 54.001, Water Code, is amended by adding |
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Subdivision (10) to read as follows: |
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(10) "Edwards Aquifer" has the meaning assigned by |
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Section 26.046. |
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SECTION 2. Section 54.0161(a), Water Code, is amended to |
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read as follows: |
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(a) This section applies only to a proposed district: |
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(1) all of which is to be located outside the corporate |
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limits of a municipality; and |
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(2) no part of which is to be located in a county that |
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contains a portion of the Edwards Aquifer. |
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SECTION 3. Subchapter B, Chapter 54, Water Code, is amended |
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by adding Section 54.0166 to read as follows: |
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Sec. 54.0166. NOTICE AND CONSENT OF COUNTY FOR DISTRICT |
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OVERLYING EDWARDS AQUIFER. (a) This section applies only to a |
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proposed district: |
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(1) all of which is to be located outside the corporate |
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limits of a municipality; and |
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(2) any part of which is to be located in a county that |
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contains a portion of the Edwards Aquifer. |
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(b) Promptly after a petition is filed with the commission |
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to create a district to which this section applies, the commission |
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shall notify the commissioners court of any county in which the |
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proposed district is to be located. |
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(c) The commissioners court of a county in which the |
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proposed district is to be located may review the petition for |
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creation and other evidence and information relating to the |
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proposed district that the commissioners consider necessary. |
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Petitioners for the creation of a district shall submit to the |
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county commissioners court any relevant information requested by |
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the commissioners court. |
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(d) A proposed district may not be created and include land |
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in a county to which this section applies unless the commissioners |
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court of the county adopts a measure by majority vote stating that |
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the county does not object to the inclusion of the land in the |
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district. The commission by rule may adopt a deadline for the |
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commissioners court of a county to object to the creation of a |
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district for the purposes of this section. The commission may not |
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approve a petition to create a district to which this section |
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applies if the commissioners court of the county objects under this |
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subsection. |
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(e) The commissioners court of a county may request from the |
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commission any information necessary for the purposes of this |
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section. |
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SECTION 4. Section 54.5161, Water Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as provided by Subsection (c), before [Before] |
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the commission gives final approval on any bond issue for the |
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purpose of financing a project of a district located wholly or |
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partly outside the extraterritorial jurisdiction of a city, the |
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commission shall notify the county commissioners of the county in |
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which the district is located that an application has been filed and |
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give the county an opportunity within 30 days after notification to |
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examine all information on file and submit a written opinion from |
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the commissioners court stating any findings, conclusions, or other |
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information that the commissioners court considers important to the |
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commission's final determination. |
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(c) Before the commission gives final approval on any bond |
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issue for the purpose of financing a project of a district to which |
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Section 54.0166 applies, in addition to the requirements of |
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Subsections (a) and (b), the commission shall provide the |
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commissioners court of the county an opportunity to reject the bond |
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issue through a measure adopted by a majority vote of the |
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commissioners court. The commissioners court of a county may |
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request from the commission any information necessary for the |
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purposes of this section. The commission may not give final |
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approval to a bond issue rejected by the commissioners court of a |
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county under this subsection. |
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SECTION 5. (a) Section 54.0166, Water Code, as added by |
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this Act, applies only to a petition for the creation of a municipal |
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utility district filed with the Texas Commission on Environmental |
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Quality on or after the effective date of this Act. A petition for |
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the creation of a municipal utility district filed with the Texas |
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Commission on Environmental Quality before the effective date of |
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this Act is governed by the law in effect on the date the petition |
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was filed, and the former law is continued in effect for that |
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purpose. |
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(b) Section 54.0166, Water Code, as added by this Act, does |
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not affect the validity of a municipal utility district created by |
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the Texas Commission on Environmental Quality before the effective |
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date of this Act. |
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(c) Section 54.5161, Water Code, as amended by this Act, |
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applies only to an application submitted to the Texas Commission on |
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Environmental Quality under that section on or after the effective |
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date of this Act. An application submitted to the Texas Commission |
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on Environmental Quality under Section 54.5161, Water Code, before |
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the effective date of this Act is governed by the law in effect on |
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that date, and the former law is continued in effect for that |
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purpose. |
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SECTION 6. This Act takes effect September 1, 2025. |