Bill Text: TX HB2815 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
By: Jetton | H.B. No. 2815 |
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relating to the powers, authorities, duties, and responsibilities | ||
of water districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION __. Section 57.059, Water Code, is amended to read | ||
as follows: | ||
Sec. 57.059. QUALIFICATIONS FOR [ |
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qualified [ |
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years old, either own land subject to taxation in the district or be | ||
a qualified voter within the district, [ |
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case of an elected director, be a qualified voter within the | ||
precinct within the district established by the commissioners court | ||
in accordance with Section 57.058 [ |
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SECTION __. 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 he board will | ||
always have full membership. | ||
(d) A director appointed to fill a vacancy must be a person | ||
qualified as a director under Section 57.059. | ||
SECTION ____. Subchapter J, Chapter 49, Water Code, is | ||
amended by adding Section 49.316, Water Code, 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. | ||
(j) If the creation of a new district is confirmed, the new | ||
district shall provide the election date and results to the | ||
commission. | ||
(k) Any 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. | ||
(l) The district may continue to rely on confirmation, | ||
directors', bond, and tax elections held prior to the division. | ||
(m) 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. | ||
SECTION __. Subsection 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, or Chapter 375, Local Government Code, the commission shall | ||
issue a notice indicating that the application is administratively | ||
complete. | ||
SECTION __. Section 49.060, Water Code, is amended by | ||
amending subsections (a) and (a-1) and adding subsections (a-2) and | ||
(a-3) 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 daily fee of office shall | ||
be set by resolution of the board and may not be more than the | ||
legislative per diem as set by the Texas Ethics Commission. 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 that implements a groundwater reduction plan | ||
and is a wholesale water supplier may not set the annual limit at an | ||
amount greater than the amount that would be produced by 60 days of | ||
service per year at the maximum daily rate. | ||
SECTION ____. Subsection 49.065 is amended by adding | ||
subsection (d) to read as follows: | ||
(d) Subsection (b) does not apply to a personal email | ||
address of a director. In this subsection, a "personal email | ||
address" means an email address not paid for by public funds and | ||
not primarily used in the transaction of official business as long | ||
as an official email address is made publicly available for the | ||
director or for the governmental body. | ||
SECTION __. Section 49.102, Water Code, is amended by | ||
amending subsection (j) and by adding subsection (k) to read as | ||
follows: | ||
(j) The provisions of this section requiring a confirmation | ||
election shall not be applicable to any district 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) The board shall consider the conduct and administration | ||
of the confirmation election and the other district elections held | ||
on the same date. If the board determines that it is in the best | ||
interest of the district and voters of the district for the district | ||
to administer the elections, the district shall establish precincts | ||
and designate polling locations inside the district's boundaries, | ||
notwithstanding any other law. | ||
SECTION ____. Section 49.106, Water Code, is amended to add | ||
subsection (f) to read as follows: | ||
(f) The board may submit new money bond authorization and | ||
refunding bond authorization in a single proposition at an | ||
election. | ||
SECTION ____. Subchapter H, Chapter 49, Water Code, is | ||
amended by adding Section 49.2225 to read as follows: | ||
Sec. 49.2225. LIMITATION ON USE OF EMINENT DOMAIN. A | ||
district operating under Chapters 51, 53, and 54 may not exercise | ||
the power of eminent domain outside the district boundaries to | ||
acquire: | ||
(1) a site for a water treatment plant or a wastewater | ||
treatment plant, unless the engineer for the district makes a | ||
recommendation, based on the engineer's professional judgment, to | ||
acquire the site; | ||
(2) a site for a park or recreational facility, as | ||
defined by Section 49.462; | ||
(3) an exclusive easement through a county regional | ||
park; or | ||
(4) a site, right of way, or easement for a road | ||
project. | ||
SECTION __. Section 49.23602, Water Code, is amended by | ||
adding subsection (c-1) to read as follows: | ||
(c-1) An election under subsection (c) is not required if | ||
the adopted tax rate is less than or equal to the voter-approval tax | ||
rate. | ||
SECTION ____. Subchapter O, Chapter 51, Water Code, is | ||
amended by adding Section 51.7131 to read as follows: | ||
Sec. 51.7131. ALTERNATIVE SUBSTITUTION PROCEDURES. In the | ||
alternative to the provisions of this subchapter for the | ||
substitution of land within the district, a district may substitute | ||
land in the manner provided by Sections 54.739 through 54.747, | ||
Water Code. | ||
SECTION ____. Section 51.714, Water Code, is amended to | ||
read as follows: | ||
Sec. 51.714. ADDING LAND BY PETITION OF LANDOWNER. The | ||
owner of land may file with the board a petition requesting that the | ||
land described by metes and bounds in the petition be included in | ||
the district. Notwithstanding any municipal ordinance, resolution, | ||
or any other statute to the contrary, a municipality may not require | ||
the annexing district or the landowner who is requesting annexation | ||
to obtain the municipality's consent to the district's annexation | ||
of the additional land if, at the time the petition is filed, the | ||
land to be annexed is contiguous to the district and at any time | ||
within the preceding 12 months was not located within an area | ||
designated by ordinance or resolution of the municipality's | ||
governing body as the municipality's water and sewer service area | ||
or corporate limits, and the district has not previously issued any | ||
bonded indebtedness. The land shall be deemed to be contiguous to | ||
the district if it is separated from the district by public land or | ||
right of way. A district may not increase its total land area by | ||
more than 100 percent in any one calendar year under this section. A | ||
municipality's consent shall not be required for the inclusion or | ||
annexation of irrigable land within the boundaries of a district | ||
primarily engaged in providing irrigation service to lands within | ||
its boundaries. | ||
SECTION ____. 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. Directors of the consolidated district shall be | ||
elected and serve terms as provided by Section 49.103. The | ||
consolidation agreement may provide that the consolidated district | ||
continue operating with the powers, authorities, duties, and | ||
responsibilities of one of the original districts prior to | ||
consolidation. | ||
SECTION ____. Section 375.022, Local Government Code, is | ||
amended by adding Subsections (d) and (e) to read as follows: | ||
(d) A petition may request that succeeding boards be elected | ||
under Section 375.0645 rather than be appointed under Section | ||
375.064. | ||
(e) The commission shall give notice of an application as | ||
required by Section 49.011, Water Code, and may conduct a hearing on | ||
the application if the commission determines that a hearing is | ||
necessary under Section 49.011, Water Code. | ||
SECTION ____. Subsection 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 ____. Subchapter D, Chapter 375, Local Government | ||
Code, is amended by adding Section 375.0645 to read as follows: | ||
Sec. 375.0645. ELECTED DIRECTORS. (a) This section | ||
applies to a district created by order of the commission providing | ||
for an elected board of directors as requested in the petition of | ||
the landowner under Section 375.022. | ||
(b) The commission shall appoint the initial directors. | ||
(c) Subsequent directors shall be elected in the manner | ||
provided by Subchapter D, Chapter 49, Water Code. | ||
(d) A director is entitled to receive fees of office and | ||
reimbursement for actual expenses as provided by Section 49.060, | ||
Water Code. Sections 375.069 and 375.070 do not apply to the board. | ||
(e) Subsection 49.052(f), Water Code, does not exempt a | ||
director from disqualification under Section 49.052, Water Code. | ||
(f) Sections 375.064, 375.161 and 375.243 do not apply to | ||
the district. | ||
SECTION ____. Section 375.065, Local Government Code is | ||
amended to read as follows: REMOVAL OF DIRECTOR. The governing body | ||
of the municipality after notice and hearing may remove a director | ||
appointed by that municipality for misconduct or failure to carry | ||
out the director's duties on petition by a majority of the remaining | ||
directors. | ||
SECTION ____. Section 375.071, Local Government Code is | ||
amended to read as follows: | ||
(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) The written consent of at least two-thirds of the | ||
directors is required to authorize the levy of assessments, the | ||
levy of taxes, the imposition of impact fees, or the issuance of | ||
bonds, which may be authorized by a simple majority of a quorum at a | ||
board meeting. A director who was not present at a board meeting may | ||
execute a written consent outside of a board meeting. | ||
SECTION ____. Subsection 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 a | ||
required payment for a service provided by the district, including | ||
water and sewer services. | ||
SECTION ____. Section 375.208, Local Government Code is | ||
amended to read as follows: | ||
A district must obtain approval of the commission to issue | ||
bonds as provided by Section 49.181, [ |
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the [ |
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facilities. [ |
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SECTION ____. The following sections are repealed: | ||
(a) Sections 375.023 and 375.024 and Subsections 375.025(a) | ||
and (b), Local Government Code; | ||
(b) Subsection 54.030(b), as amended by Acts 2019, 86th | ||
Leg., R.S., Ch. 539 (H.B. 2914), Sec. 2; | ||
(c) Subsection 54.032(a), as amended by Acts 2019, 86th | ||
Leg., R.S., Ch. 539 (H.B. 2914), Sec. 3; | ||
(d) Subsection 54.033(a), as amended by Acts 2019, 86th | ||
Leg., R.S., Ch. 539 (H.B. 2914), Sec. 4; | ||
(e) Section 54.103, Water Code; and | ||
(f) Section 54.209. | ||
SECTION ____. The Texas Commission on Environmental Quality | ||
shall evaluate the economic feasibility of bonds issued by water | ||
districts in whole or in part in (i) Chambers, Liberty, Walker, | ||
Grimes, Brazos, Austin, and Wharton counties the same as the bonds | ||
issued by water districts in Harris County; (ii) Grayson, Wise, | ||
Parker, Hood, Johnson, Ellis, Kaufman, Rockwall, and Hunt counties | ||
the same as the bonds issued by water districts in Dallas County; | ||
(iii) Caldwell, Bastrop, Lee, Milam, Bell, Burnet, Blanco, and | ||
Kendall counties the same as the bonds issued by water districts in | ||
Travis County. | ||
SECTION ____. (a) Section __ of this Act adding Section | ||
49.2225, Water Code, as it applies to districts governed by | ||
Chapters 51 and 53, Water Code, takes effect December 31, 2024, and | ||
as it applies to districts governed by Chapter 54, Water Code, takes | ||
effect September 1, 2023. | ||
(b) Except as otherwise provided by this Act, 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. |