Bill Text: TX HB2815 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the powers, authorities, duties, and responsibilities of certain conservation and reclamation districts and to notice a person who proposes to sell or convey real property located in any of certain conservation and reclamation districts must provide to a prospective purchaser of that property.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2023-06-18 - Effective immediately [HB2815 Detail]
Download: Texas-2023-HB2815-Enrolled.html
H.B. No. 2815 |
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relating to the powers, authorities, duties, and responsibilities | ||
of certain conservation and reclamation districts and to notice a | ||
person who proposes to sell or convey real property located in any | ||
of certain conservation and reclamation districts must provide to a | ||
prospective purchaser of that property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 375.022, Local Government Code, is | ||
amended by adding Subsections (d) and (e) to read as follows: | ||
(d) The petition may request that a succeeding board of | ||
directors be elected under Section 375.0645 instead of being | ||
appointed under Section 375.064. | ||
(e) On receipt by the commission of a petition that complies | ||
with this section, the commission shall issue a notice indicating | ||
that the petition is administratively complete and may conduct a | ||
hearing on the petition in the manner provided by Section 49.011, | ||
Water Code, if the commission determines that a hearing is | ||
necessary. | ||
SECTION 2. Section 375.025(c), Local Government Code, is | ||
amended to read as follows: | ||
(c) If [ |
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petition is sufficient and conforms to the requirements of Section | ||
375.022(c) and that the district is feasible [ |
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would benefit the public, the commission by order shall make that | ||
finding and grant the petition. In determining if the project is | ||
feasible [ |
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commission shall consider: | ||
(1) the availability of comparable services from other | ||
systems, including special districts, municipalities, and regional | ||
authorities; and | ||
(2) the reasonableness of the proposed public purpose | ||
projects and services. | ||
SECTION 3. Subchapter D, Chapter 375, Local Government | ||
Code, is amended by adding Section 375.0645 to read as follows: | ||
Sec. 375.0645. ELECTION OF DIRECTORS. (a) This section | ||
applies only to a district created by order of the commission | ||
providing for an elected board of directors as requested in the | ||
petition requesting creation of the district as provided by Section | ||
375.022(d). | ||
(b) The commission shall appoint the initial directors | ||
under Section 375.026, and subsequent directors are elected in the | ||
manner provided by Subchapter D, Chapter 49, Water Code. | ||
(c) An elected director is entitled to receive fees of | ||
office and reimbursement for actual expenses as provided by Section | ||
49.060, Water Code. | ||
(d) Sections 375.069 and 375.070 do not apply to an elected | ||
director. | ||
(e) Section 49.052(f), Water Code, does not exempt an | ||
elected director from disqualification under that section. | ||
(f) Sections 375.064, 375.161, and 375.243 do not apply to a | ||
district with an elected board. | ||
SECTION 4. Section 375.065, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 375.065. REMOVAL OF DIRECTOR. The governing body of | ||
the municipality after notice and hearing may remove a director | ||
appointed by the municipality for misconduct or failure to carry | ||
out the director's duties on petition by a majority of the remaining | ||
directors. | ||
SECTION 5. Section 375.067(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) As soon as practicable after a director is appointed or | ||
elected as provided by this subchapter, the director shall execute | ||
a $10,000 bond payable to the district and conditioned on the | ||
faithful performance of the director's duties. | ||
SECTION 6. Section 375.068, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 375.068. OFFICERS. After directors are appointed or | ||
elected as provided by this subchapter and have qualified by | ||
executing a bond and taking the oath, they shall organize by | ||
electing a president, a vice-president, a secretary, and any other | ||
officers the board considers necessary. | ||
SECTION 7. Section 375.071, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 375.071. QUORUM. (a) One-half of the serving | ||
directors constitutes a quorum, and a concurrence of a majority of a | ||
quorum of directors is required for any official action of the | ||
district. | ||
(b) If at least two-thirds of the directors execute a | ||
written consent at any time, a majority of a quorum at a board | ||
meeting may [ |
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levy of taxes, the imposition of impact fees, or the issuance of | ||
bonds. A director may execute a written consent outside of a board | ||
meeting. | ||
SECTION 8. Section 375.161(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) This section does not apply to a tax or assessment, if a | ||
tax is authorized or approved by the voters of the district, or to a | ||
required payment for a service provided by the district, including | ||
water and sewer services. | ||
SECTION 9. Section 375.208, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 375.208. COMMISSION APPROVAL. A district must obtain | ||
approval of the commission as provided by Section 49.181 [ |
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sewage, or drainage facilities. [ |
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SECTION 10. Section 3919.205(d), Special District Local | ||
Laws Code, is amended to read as follows: | ||
(d) The district shall generate and implement a program to | ||
provide notice modeled on the notice described by Section 49.4521 | ||
[ |
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the district of the assessments that have been approved and are | ||
imposed by the district. | ||
SECTION 11. Section 49.011(a), Water Code, is amended to | ||
read as follows: | ||
(a) On receipt by the commission of all required | ||
documentation associated with an application for creation of a | ||
district by the commission under Chapter 36, 50, 51, 54, 55, 58, 65, | ||
or 66 of this code or Chapter 375, Local Government Code, the | ||
commission shall issue a notice indicating that the application is | ||
administratively complete. | ||
SECTION 12. Section 49.060, Water Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-2) to read as | ||
follows: | ||
(a) A director is entitled to receive fees of office [ |
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performing the duties of a director. The board by resolution shall | ||
set the fees of office. The board may not set the fees of office at | ||
an amount greater than the amount of the per diem set by the Texas | ||
Ethics Commission for members of the legislature under Section 24a, | ||
Article III, Texas Constitution. In this subsection, "performing | ||
the duties of a director" means substantive performance of the | ||
management or business of the district, including participation in | ||
board and committee meetings and other activities involving the | ||
substantive deliberation of district business and in pertinent | ||
educational programs. The phrase does not include routine or | ||
ministerial activities such as the execution of documents, | ||
self-preparation for meetings, or other activities requiring a | ||
minimal amount of time. | ||
(a-2) Notwithstanding Subsection (a-1), an authority | ||
created by special law, by resolution of the board, may not set the | ||
annual limit on the fees of office described by that subsection at | ||
an amount greater than the amount a director would receive for 60 | ||
days of service a year at the maximum daily rate authorized by | ||
Subsection (a). | ||
SECTION 13. Section 49.063, Water Code, is amended by | ||
adding Subsections (d) and (e) to read as follows: | ||
(d) A district that is required by law to post notice of a | ||
meeting on an Internet website may instead provide the notice to the | ||
county clerk of each county in which the district is located to post | ||
the notice on the county clerk's or county's Internet website. | ||
(e) Failure to timely or properly post a notice of a meeting | ||
on an Internet website does not prohibit a district from conducting | ||
the meeting if the notice required by Section 551.054(a)(1), | ||
Government Code, is posted timely and properly. | ||
SECTION 14. Section 49.065, Water Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) Subsection (b) applies to a personal e-mail address of a | ||
director only if the district does not make available to the public | ||
an official e-mail address for the director or the district. In | ||
this subsection, "personal e-mail address" means an e-mail address | ||
that is not paid for by district money and is not used primarily for | ||
the transaction of official business of the district. | ||
SECTION 15. Section 49.102, Water Code, is amended by | ||
amending Subsection (j) and adding Subsections (k) and (l) to read | ||
as follows: | ||
(j) The provisions of this section requiring a confirmation | ||
election do not apply to a [ |
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exercising the powers of Chapter 375, Local Government Code, or any | ||
district created by a special Act of the legislature that does not | ||
require a confirmation election. | ||
(k) Notwithstanding any other law, if the board determines | ||
that it is in the best interest of the district and the voters of the | ||
district for the district to administer an election under this | ||
section, the district shall establish precincts and designate | ||
polling locations inside the boundaries of the district. | ||
(l) Section 43.075, Local Government Code, does not apply to | ||
a district until the board declares the district is created under | ||
Subsection (e) of this section. | ||
SECTION 16. Section 49.106, Water Code, is amended by | ||
amending Subsection (e) and adding Subsection (f) to read as | ||
follows: | ||
(e) A district's authorization to issue bonds resulting | ||
from an election held under this section, or any other law that | ||
allows for the qualified voters of a district to authorize the | ||
issuance of bonds by a district, remains in effect after the | ||
election unless the district is dissolved [ |
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(f) The board may submit new bond authorization and | ||
refunding bond authorization in a single proposition at an | ||
election. | ||
SECTION 17. Section 49.181, Water Code, is amended by | ||
adding Subsection (f-1) to read as follows: | ||
(f-1) For the purposes of evaluating the financial | ||
feasibility of a project financed by a bond, the commission shall | ||
consider: | ||
(1) a district located wholly or partly in Austin, | ||
Brazos, Chambers, Grimes, Liberty, Walker, or Wharton County as if | ||
the district were located in Harris County; and | ||
(2) a district located wholly or partly in Bastrop, | ||
Bell, Blanco, Burnet, Caldwell, Gillespie, Kendall, Lee, or Milam | ||
County as if the district were located in Travis County. | ||
SECTION 18. Section 49.23602(c), Water Code, is amended to | ||
read as follows: | ||
(c) If the board of a district adopts a combined debt | ||
service, contract, and operation and maintenance tax rate that | ||
exceeds the district's mandatory tax election rate, an election | ||
must be held in accordance with the procedures provided by Sections | ||
26.07(c)-(g), Tax Code, to determine whether to approve the adopted | ||
tax rate. If the adopted tax rate is not approved at the election, | ||
the district's tax rate is the voter-approval tax rate. An election | ||
is not required if the adopted tax rate is less than or equal to the | ||
voter-approval tax rate. | ||
SECTION 19. Section 49.271, Water Code, is amended by | ||
amending Subsection (e) and adding Subsection (f) to read as | ||
follows: | ||
(e) A [ |
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economic incentives for early completion of the work or economic | ||
disincentives for late completion of the work. | ||
(f) The provisions of this section apply to a contract for | ||
construction work entered into by a third party on behalf of a | ||
district. | ||
SECTION 20. Subchapter J, Chapter 49, Water Code, is | ||
amended by adding Section 49.316 to read as follows: | ||
Sec. 49.316. DIVISION OF DISTRICT. (a) The board, on its | ||
own motion or on receipt of a petition signed by the owner or owners | ||
of a majority of the assessed value of the real property in the | ||
district, may adopt an order dividing the district. | ||
(b) An order dividing a district may create one or more new | ||
districts and may provide for the continuation of the district. | ||
(c) An order dividing the district shall: | ||
(1) name any new district; | ||
(2) include the metes and bounds description of the | ||
territory of each of the districts; | ||
(3) appoint temporary directors for any new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between the districts. | ||
(d) The board may adopt an order dividing the district | ||
before or after the date the board holds an election to confirm the | ||
district's creation. | ||
(e) The district may be divided only if the district: | ||
(1) has never issued any bonds; and | ||
(2) is not imposing ad valorem taxes. | ||
(f) A new district created by the division of the district | ||
may not, at the time the new district is created, contain any land | ||
outside the area of the district at the time of creation. | ||
(g) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the commission and record the order in the real property | ||
records of each county in which the district is located. | ||
(h) A new district created by the division of the district | ||
shall hold a confirmation and directors' election. | ||
(i) If the creation of a new district is confirmed, the new | ||
district shall provide the election date and results to the | ||
commission. | ||
(j) A new district created by the division of the district | ||
must hold an election as required by this chapter to obtain voter | ||
approval before the district may impose a maintenance tax or issue | ||
bonds payable wholly or partly from ad valorem taxes. | ||
(k) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district acts as municipal consent to | ||
the creation of any new district created by the division of the | ||
district and to the inclusion of land in the new district. | ||
(l) The district may continue to rely on confirmation, | ||
directors', bond, and tax elections held before the division. | ||
SECTION 21. Section 49.452, Water Code, is amended by | ||
amending Subsection (a) and adding Subsections (a-1) and (a-2) to | ||
read as follows: | ||
(a) In this section, "district" means a district: | ||
(1) governed by Chapter 375, Local Government Code; or | ||
(2) [ |
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a special Act of the legislature that: | ||
(A) is providing or proposing to provide, as the | ||
district's principal function, water, sanitary sewer, drainage, | ||
and flood control or protection facilities or services, or any of | ||
these facilities or services that have been financed or are | ||
proposed to be financed with bonds of the district payable in whole | ||
or part from taxes of the district, or by imposition of a standby | ||
fee, if any, to household or commercial users, other than | ||
agricultural, irrigation, or industrial users;[ |
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(B) [ |
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territory in at least one county and which, if located within the | ||
corporate area of a city, includes less than 75 percent of the | ||
incorporated area of the city or which is located outside the | ||
corporate area of a city in whole or in substantial part[ |
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(a-1) A person who proposes to sell or convey real property | ||
located in a district must give to the purchaser the written notice | ||
as provided by this section and Section 49.4521. | ||
(a-2) [ |
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[ |
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(1) [ |
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foreclosure; | ||
(2) [ |
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of indebtedness secured by a lien upon the property conveyed; | ||
(3) [ |
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probate proceedings; [ |
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(4) [ |
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or | ||
(5) transfers of title for the purpose of qualifying a | ||
director. | ||
SECTION 22. Subchapter M, Chapter 49, Water Code, is | ||
amended by adding Section 49.4521 to read as follows: | ||
Sec. 49.4521. PRESCRIBED NOTICE TO PURCHASERS. (a) A | ||
notice to a purchaser provided under Section 49.452 must include: | ||
(1) a title caption in at least a 24-point, bold font | ||
stating "NOTICE TO PURCHASER OF SPECIAL TAXING OR ASSESSMENT | ||
DISTRICT"; and | ||
(2) the following statements, as applicable to the | ||
district: | ||
(A) "The real property that you are about to | ||
purchase is located in the (insert name of district) and may be | ||
subject to district taxes or assessments."; | ||
(B) "The district may, subject to voter approval, | ||
impose taxes and issue bonds. The district may impose an unlimited | ||
rate of tax in payment of such bonds."; | ||
(C) one of the following, as applicable: | ||
(i) "The current rate of the district | ||
property tax is (insert current property tax rate) on each $100 of | ||
assessed valuation."; or | ||
(ii) "The district has not yet imposed | ||
taxes. The projected rate of the district property tax is (insert | ||
projected property tax rate) on each $100 of assessed valuation."; | ||
(D) "The district may impose assessments and | ||
issue bonds and impose an assessment in payment of such bonds."; | ||
(E) one of the following, as applicable: | ||
(i) "The rate of the district assessment is | ||
(insert current assessment amount) on each $100 of assessed | ||
valuation."; | ||
(ii) "The amount of the district assessment | ||
on the real property that you are about to purchase is (insert | ||
current assessment amount)."; or | ||
(iii) "The district has not yet imposed an | ||
assessment, but the projected (insert "rate" or "amount", as | ||
applicable) of the assessment is (insert projected assessment rate | ||
or amount, as applicable)."; | ||
(F) "The total amounts of bonds payable wholly or | ||
partly from (insert "property taxes" or "assessments", as | ||
applicable) (insert ", excluding refunding bonds that are | ||
separately approved by the voters" or ", excluding any bonds or any | ||
portions of bonds issued that are payable solely from revenues | ||
received or expected to be received under a contract with a | ||
governmental entity", as applicable), approved by the voters are: | ||
(i) $(insert amount) for water, sewer, and | ||
drainage facilities; | ||
(ii) $(insert amount) for road facilities; | ||
(iii) $(insert amount) for parks and | ||
recreational facilities; and | ||
(iv) $(insert amount) for (description of | ||
additional facilities, as applicable)."; | ||
(G) "The aggregate initial principal amounts of | ||
all such bonds issued are: | ||
(i) $(insert amount) for water, sewer, and | ||
drainage facilities; | ||
(ii) $(insert amount) for road facilities; | ||
(iii) $(insert amount) for parks and | ||
recreational facilities; and | ||
(iv) $(insert amount) for (description of | ||
additional facilities, as applicable)."; | ||
(H) "The district sought and obtained approval of | ||
the Texas Commission on Environmental Quality to adopt and impose a | ||
standby fee. The amount of the standby fee is $(insert amount of | ||
standby fee). An unpaid standby fee is a personal obligation of the | ||
person that owned the property at the time of imposition and is | ||
secured by a lien on the property. Any person may request a | ||
certificate from the district stating the amount, if any, of unpaid | ||
standby fees on a tract of property in the district."; | ||
(I) if applicable, one of the following: | ||
(i) "The district is located wholly or | ||
partly in the extraterritorial jurisdiction of the City of (insert | ||
name of the municipality). Texas law governs the ability of a | ||
municipality to annex property in the municipality's | ||
extraterritorial jurisdiction and whether a district that is | ||
annexed by the municipality is dissolved."; or | ||
(ii) "The district is located wholly or | ||
partly within the corporate boundaries of the City of (insert name | ||
of the municipality). The municipality and the district overlap, | ||
but may not provide duplicate services or improvements. Property | ||
located in the municipality and the district is subject to taxation | ||
by the municipality and the district."; | ||
(J) "The district has entered into a strategic | ||
partnership agreement with the City of (insert name of the | ||
municipality). This agreement may address the timeframe, process, | ||
and procedures for the municipal annexation of the area of the | ||
district located in the municipality's extraterritorial | ||
jurisdiction."; | ||
(K) "The purpose of the district is to provide | ||
(insert water, sewer, drainage, flood control, firefighting, road, | ||
parks and recreational, or other type of facilities or services, as | ||
applicable) facilities and services. The cost of district | ||
facilities is not included in the purchase price of your | ||
property."; | ||
(L) "PURCHASER IS ADVISED THAT THE INFORMATION | ||
SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. | ||
THE DISTRICT ANNUALLY ESTABLISHES TAX RATES. PURCHASER IS ADVISED | ||
TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR | ||
PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM."; and | ||
(M) "The undersigned purchaser hereby | ||
acknowledges receipt of the foregoing notice at or before the | ||
execution of a binding contract for the purchase of the real | ||
property or at closing of purchase of the real property.". | ||
(b) The district shall omit or edit for accuracy statements | ||
not applicable to the district, as determined by the district. | ||
(c) The notice must be dated and executed by the seller and | ||
the purchaser. | ||
(d) If the law is amended and causes inaccuracies in the | ||
content of the notice, the district shall revise the content of the | ||
notice to accurately reflect current law. | ||
SECTION 23. Section 49.453, Water Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) A district required to maintain an Internet website or | ||
have access to a generally accessible Internet website under | ||
Section 26.18, Tax Code, shall post or create a process for posting | ||
the district's notice to purchasers under Section 49.4521 on the | ||
applicable Internet website. | ||
SECTION 24. Section 49.455(c), Water Code, is amended to | ||
read as follows: | ||
(c) The information form [ |
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section shall be signed by a majority of the members of the board | ||
and by each such officer affirmed and acknowledged before it is | ||
filed with the county clerk, and each amendment made to an | ||
information form [ |
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board and by each such officer affirmed and acknowledged before it | ||
is filed with the county clerk. | ||
SECTION 25. Subchapter O, Chapter 51, Water Code, is | ||
amended by adding Section 51.7131 to read as follows: | ||
Sec. 51.7131. ALTERNATIVE SUBSTITUTION PROCEDURES. | ||
Notwithstanding this subchapter, a district may substitute land in | ||
the manner provided by Sections 54.739-54.747. | ||
SECTION 26. Section 53.029(e), Water Code, is amended to | ||
read as follows: | ||
(e) A district that has adopted the rights, authority, | ||
privileges, and functions of a road district in the manner provided | ||
by Subsection (c) may, following approval of a construction | ||
contract by the district's governing body, reimburse expenditures | ||
as provided by Sections 257.003(a), [ |
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Transportation Code, without any additional approval or | ||
determination under Section 257.003, Transportation Code. | ||
SECTION 27. Section 54.016, Water Code, is amended by | ||
adding Subsection (f-1) to read as follows: | ||
(f-1) An agreement between a municipality and a municipal | ||
utility district is an allocation agreement only if: | ||
(1) the agreement strictly complies with the | ||
requirements of Subsection (f); and | ||
(2) the agreement is specifically designated by the | ||
parties to the agreement as an "allocation agreement" under | ||
Subsection (f). | ||
SECTION 28. Sections 54.234(d) and (e), Water Code, are | ||
amended to read as follows: | ||
(d) If the commission issues an order approving the | ||
petition, the district may undertake a road project if: | ||
(1) the municipality or county with platting | ||
jurisdiction [ |
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the plans and specifications of the road project; or | ||
(2) the Texas Transportation Commission has approved | ||
the plans and specifications of the road project, if the state is to | ||
operate and maintain the road. | ||
(e) Notwithstanding any other law and except [ |
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provided by Subsection (d), a district is not required to obtain | ||
approval from the Texas Transportation Commission to acquire, | ||
construct, convey, or finance the road project. | ||
SECTION 29. Section 54.728, Water Code, is amended to read | ||
as follows: | ||
Sec. 54.728. CONSOLIDATION OF DISTRICTS. (a) Two or more | ||
districts governed by the provisions of this chapter may | ||
consolidate into one district as provided by Sections 54.729-54.733 | ||
of this code. | ||
(b) One or more districts governed by the provisions of this | ||
chapter and one or more districts governed by the provisions of | ||
Chapter 375, Local Government Code, may consolidate into one | ||
district as provided by this subsection and Sections 54.729-54.733 | ||
of this code. The initial directors of the consolidated district | ||
shall be elected and serve terms as provided by Section 49.103 of | ||
this code. The consolidation agreement under this subsection may | ||
provide that the consolidated district continue operating with the | ||
powers, authorities, duties, responsibilities, and board of | ||
directors of one of the original districts before consolidation. | ||
(c) After the initial election of directors, a district | ||
consolidated under Subsection (b) is governed as agreed by either: | ||
(1) an elected board of directors, who must be elected | ||
at a general election in the manner and for the terms provided by | ||
Section 49.103; or | ||
(2) an appointed board of directors, who must be | ||
appointed as provided under Chapter 375, Local Government Code. | ||
SECTION 30. Section 57.053, Water Code, is amended by | ||
amending Subsection (a) and adding Subsection (d) to read as | ||
follows: | ||
(a) A vacancy on an appointed board is filled by the | ||
appointment of a director by a majority vote of the commissioners | ||
court. [ |
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commissioners court shall appoint directors so that the board will | ||
always have full membership. | ||
(d) A director appointed to fill a vacancy must be a person | ||
qualified to serve as a director under Section 57.059. | ||
SECTION 31. Section 57.059, Water Code, is amended to read | ||
as follows: | ||
Sec. 57.059. QUALIFICATIONS FOR [ |
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qualified to serve [ |
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(1) be at least 18 years old; | ||
(2) own land subject to taxation in the district or be | ||
a qualified voter in the district; [ |
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(3) if the director is elected, be a qualified voter of | ||
the precinct in the district established by the commissioners court | ||
under Section 57.058 from which the director is elected [ |
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SECTION 32. The following provisions are repealed: | ||
(1) Sections 375.023 and 375.024, Local Government | ||
Code; | ||
(2) Sections 375.025(a) and (b), Local Government | ||
Code; | ||
(3) Sections 49.452(b), (c), (d), and (e), Water Code; | ||
(4) Sections 49.455(f) and (h), Water Code; | ||
(5) Section 54.030(b), Water Code, as amended by | ||
Chapter 539 (H.B. 2914), Acts of the 86th Legislature, Regular | ||
Session, 2019; | ||
(6) Section 54.032(a), Water Code, as amended by | ||
Chapter 539 (H.B. 2914), Acts of the 86th Legislature, Regular | ||
Session, 2019; | ||
(7) Section 54.033(a), Water Code, as amended by | ||
Chapter 539 (H.B. 2914), Acts of the 86th Legislature, Regular | ||
Session, 2019; and | ||
(8) Section 54.103, Water Code. | ||
SECTION 33. (a) Section 49.452, Water Code, as amended by | ||
this Act, and Section 49.4521, Water Code, as added by this Act, | ||
apply only to notice given to a purchaser of real property within a | ||
water district on or after the effective date of this Act. Notice | ||
given to a purchaser before the effective date is governed by the | ||
law in effect at the time the notice was given, and that law is | ||
continued in effect for that purpose. | ||
(b) Section 49.455, Water Code, as amended by this Act, | ||
applies only to an information form filed on or after the effective | ||
date of this Act. An information form filed before the effective | ||
date of this Act is governed by the law in effect on the date the | ||
form was filed, and that law is continued in effect for that | ||
purpose. | ||
SECTION 34. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2815 was passed by the House on May | ||
12, 2023, by the following vote: Yeas 124, Nays 16, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2815 on May 26, 2023, by the following vote: Yeas 129, Nays 9, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2815 was passed by the Senate, with | ||
amendments, on May 24, 2023, by the following vote: Yeas 30, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |