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A BILL TO BE ENTITLED
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AN ACT
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relating to consent by a county commissioners court for the |
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creation of certain conservation and reclamation districts in the |
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unincorporated area of the county. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 49.316(k), Water Code, is amended to |
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read as follows: |
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(k) Municipal or county consent to the creation of the |
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district and to the inclusion of land in the district acts as |
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municipal or county consent to the creation of any new district |
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created by the division of the district and to the inclusion of land |
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in the new district. |
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SECTION 2. Section 54.0161, Water Code, is amended to read |
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as follows: |
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Sec. 54.0161. CONSENT [REVIEW] OF [CREATION BY] COUNTY. |
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(a) This section applies only to a proposed district any territory |
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[all] of which is to be located outside the corporate limits of a |
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municipality. |
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(a-1) 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 each [any] county in which |
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the proposed district is to be located. |
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(a-2) The commissioners court of each [a] county in which |
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the district is to be located may review the petition for creation |
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and other evidence and information relating to the proposed |
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district that the commissioners consider necessary. Petitioners |
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for the creation of a district shall submit to the county |
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commissioners court any relevant information requested by the |
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commissioners court. |
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(b) A [In the event the county commissioners court votes to |
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submit information to the commission or to make a recommendation |
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regarding the creation of the proposed district, the] commissioners |
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court may [shall] submit to the commission[, at least 10 days before |
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the date set for action on the petition,] a written notice that |
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includes [opinion stating]: |
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(1) a statement of whether the commissioners court |
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consents, consents with modifications, or objects to [recommends] |
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the creation of the proposed district; and |
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(2) an explanation of the commissioners court's |
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modifications or objections, as applicable, with any other |
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findings, conclusions, and [other] information that the |
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commissioners court thinks would assist the commission in making a |
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final determination on the petition. |
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(b-1) A county commissioners court that does not submit to |
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the commission a written notice under Subsection (b) before the |
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121st day after receiving a notice of the petition under Subsection |
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(a-1) is considered to have consented to the creation of the |
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district. |
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(c) The commission may not grant [In passing on] a petition |
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unless [subject to this section, the commission shall consider the |
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written opinion submitted by] the county commissioners court of |
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each county in which the proposed district is to be located consents |
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to the creation of the district under this section. |
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SECTION 3. Subchapter A, Chapter 59, Water Code, is amended |
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by adding Section 59.0061 to read as follows: |
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Sec. 59.0061. CONSENT OF COUNTY. (a) This section applies |
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only to a proposed district: |
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(1) any territory of which is to be located outside the |
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corporate limits of a municipality; and |
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(2) which is to be created by a petition other than a |
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petition submitted under Section 59.003(a)(3). |
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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 each county in which the |
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proposed district is to be located. |
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(c) The commissioners court of each county in which the |
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district is to be located may review the petition for creation and |
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other evidence and information relating to the proposed district |
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that the commissioners consider necessary. Petitioners for the |
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creation of a district shall submit to the county commissioners |
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court any relevant information requested by the commissioners |
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court. |
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(d) A commissioners court may submit to the commission a |
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written notice that includes: |
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(1) a statement of whether the commissioners court |
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consents, consents with modifications, or objects to the creation |
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of the proposed district; and |
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(2) an explanation of the commissioners court's |
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modifications or objections, as applicable, with any other |
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findings, conclusions, and information that the commissioners |
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court thinks would assist the commission in making a final |
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determination on the petition. |
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(e) A county commissioners court that does not submit to the |
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commission a written notice under Subsection (d) before the 121st |
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day after receiving a notice of the petition under Subsection (b) is |
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considered to have consented to the creation of the district. |
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(f) The commission may not grant a petition subject to this |
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section unless the commission receives the written notice submitted |
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by the county commissioners court consenting to the creation of the |
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district. |
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SECTION 4. Subchapter B, Chapter 65, Water Code, is amended |
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by adding Section 65.0161 to read as follows: |
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Sec. 65.0161. CONSENT OF COUNTY. (a) This section applies |
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only to a proposed district any territory of which is to be located |
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outside the corporate limits of a municipality. |
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(b) Promptly after a resolution is filed with the commission |
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under Section 65.014, the commission shall notify the commissioners |
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court of each county in which the proposed district is to be |
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located. |
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(c) The commissioners court of each county in which the |
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district is to be located may review the resolution and other |
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evidence and information relating to the proposed district that the |
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commissioners court considers necessary. The water supply or sewer |
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service corporation that proposes to create the district shall |
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submit to the county commissioners court any relevant information |
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requested by the commissioners court. |
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(d) A commissioners court may submit to the commission a |
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written notice that includes: |
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(1) a statement of whether the commissioners court |
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consents, consents with modifications, or objects to the creation |
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of the proposed district; and |
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(2) an explanation of the commissioners court's |
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modifications or objections, as applicable, with any other |
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findings, conclusions, and information that the commissioners |
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court thinks would assist the commission in making a final |
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determination on the petition. |
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(e) A county commissioners court that does not submit to the |
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commission a written notice under Subsection (d) before the 121st |
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day after receiving notice of the resolution under Subsection (b) |
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is considered to have consented to the creation of the district. |
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(f) The commission may not authorize the creation of the |
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district unless the county commissioners court of each county in |
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which the proposed district is to be located consents to the |
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creation of the district under this section. |
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SECTION 5. The changes in law made by this Act apply only to |
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a petition or resolution for the creation of a district filed with |
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the Texas Commission on Environmental Quality on or after the |
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effective date of this Act. A petition or resolution pending before |
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the Texas Commission on Environmental Quality on the effective date |
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of this Act is governed by the law in effect at the time the petition |
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or resolution was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 6. This Act takes effect September 1, 2025. |