Bill Text: TX HB2815 | 2023-2024 | 88th Legislature | Engrossed
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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-Engrossed.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-Engrossed.html
By: Jetton, et al. | H.B. No. 2815 |
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relating to the powers, authorities, duties, and responsibilities | ||
of certain conservation and reclamation districts. | ||
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, a majority of a quorum at a board meeting may [ |
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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 that | ||
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 may not | ||
issue bonds to provide funding for [ |
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commission determines that the project is feasible and issues an | ||
order approving the issuance of the bonds in the manner provided by | ||
Section 49.181, Water Code. [ |
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SECTION 10. 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 11. 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 12. 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 13. Section 49.102, Water Code, is amended by | ||
amending Subsection (j) and adding Subsection (k) 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. | ||
SECTION 14. Section 49.106, Water Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) The board may submit new bond authorization and | ||
refunding bond authorization in a single proposition at an | ||
election. | ||
SECTION 15. 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 16. 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 17. 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 18. 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 19. 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 20. 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 21. 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) Section 54.030(b), Water Code, as amended by | ||
Chapter 539 (H.B. 2914), Acts of the 86th Legislature, Regular | ||
Session, 2019; | ||
(4) Section 54.032(a), Water Code, as amended by | ||
Chapter 539 (H.B. 2914), Acts of the 86th Legislature, Regular | ||
Session, 2019; | ||
(5) Section 54.033(a), Water Code, as amended by | ||
Chapter 539 (H.B. 2914), Acts of the 86th Legislature, Regular | ||
Session, 2019; and | ||
(6) Section 54.103, Water Code. | ||
SECTION 22. 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. |