Bill Text: TX HB3607 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to notifying a state senator and state representative about the creation of a district and acquiring road powers for a district.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-05-13 - Placed on General State Calendar [HB3607 Detail]
Download: Texas-2015-HB3607-Introduced.html
By: Alvarado | H.B. No. 3607 |
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relating to notifying a state senator and state representative | ||
about the creation of a district and acquiring road powers for a | ||
district. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 49.011, Water Code, is amended to read as | ||
follows: | ||
Sec. 49.011. NOTICE APPLICABLE TO CREATION OF A DISTRICT BY | ||
THE COMMISSION. (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, the commission shall issue a notice indicating that the | ||
application is administratively complete. | ||
(b) On receiving an application for creation of a district | ||
by the commission under Chapter 36, 50, 51, 54, 55, 58, 65, or 66, | ||
the commission shall send notice of the application to the state | ||
senator and state representative who represent the area in which | ||
the district is or will be located. | ||
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for public notice and hearing of applications. The rules must | ||
require an applicant to publish the notice issued by the commission | ||
under Subsection (a) once a week for two consecutive weeks in a | ||
newspaper regularly published or circulated in the county where the | ||
district is proposed to be located not later than the 30th day | ||
before the date on which the commission may act on the application. | ||
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holding a public hearing if a public hearing is not requested by the | ||
commission, the executive director, or an affected person in the | ||
manner prescribed by commission rule during the 30 days following | ||
the final publication of notice under Subsection ( |
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is necessary, the commission shall advise all parties of the time | ||
and place of the hearing. The commission is not required to provide | ||
public notice of a hearing under this section. | ||
SECTION 2. Section 54.234, Water Code, is amended to read as | ||
follows: | ||
Sec. 54.234. ACQUIRING ROAD POWERS. (a) | ||
Any district or | ||
any petitioner seeking the creation of a district may petition the | ||
commission to acquire the power under the authority of Article III, | ||
Section 52, Texas Constitution, to design, acquire, construct, | ||
finance, issue bonds for, and convey to this state, a county, or a | ||
municipality for operation and maintenance, a road described by | ||
Subsection (b) or any improvement in aid of the road. | ||
(b) The road must meet the criteria for a thoroughfare, | ||
arterial, or collector road of: | ||
(1) a county in whose jurisdiction the proposed road | ||
project is located; or | ||
(2) a municipality in whose corporate limits or | ||
extraterritorial jurisdiction the proposed road project is | ||
located. | ||
(c) As soon as practicable after such petition has been | ||
filed with the commission, the commission shall issue an order | ||
either approving or denying such petition. | ||
(d) If the commission approves the petition, the commission | ||
shall notify the state senator and state representative who | ||
represent the area in which he district is located. | ||
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petition, the district may undertake a road project if: | ||
(1) the municipality or county that will operate and | ||
maintain the road has approved 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. | ||
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is not required to obtain approval from the Texas Transportation | ||
Commission to acquire, construct, convey, or finance the road | ||
project. | ||
SECTION 3. This Act takes effect September 1, 2015. |