Bill Text: TX HR2619 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Suspending limitations on conference committee jurisdiction, S.B. No. 2014.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-05-31 - Reported enrolled [HR2619 Detail]
Download: Texas-2017-HR2619-Enrolled.html
H.R. No. 2619 |
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BE IT RESOLVED by the House of Representatives of the State of | ||
Texas, 85th Legislature, Regular Session, 2017, That House Rule 13, | ||
Section 9(a), be suspended in part as provided by House Rule 13, | ||
Section 9(f), to enable the conference committee appointed to | ||
resolve the differences on Senate Bill 2014 (the administration of | ||
certain water districts) to consider and take action on the | ||
following matter: | ||
(1) House Rule 13, Section 9(a)(1), is suspended to permit | ||
the committee to amend text not in disagreement in proposed SECTION | ||
5 of the bill, in amended Section 54.016(a), Water Code, to read as | ||
follows: | ||
(a) No land within the corporate limits of a city or within | ||
the extraterritorial jurisdiction of a city, shall be included in a | ||
district unless the city grants its written consent, by resolution | ||
or ordinance, to the inclusion of the land within the district in | ||
accordance with Section 42.042, Local Government Code, and this | ||
section. The request to a city for its written consent to the | ||
creation of a district, shall be signed by a majority in value of | ||
the holders of title of the land within the proposed district as | ||
indicated by the county tax rolls [ |
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inclusion of land within a district shall describe the boundaries | ||
of the land to be included in the district by metes and bounds or by | ||
lot and block number, if there is a recorded map or plat and survey | ||
of the area, and state the general nature of the work proposed to be | ||
done, the necessity for the work, and the cost of the project as | ||
then estimated by those filing the petition. If, at the time a | ||
petition is filed with a city for creation of a district, the | ||
district proposes to connect to a city's water or sewer system or | ||
proposes to contract with a regional water and wastewater provider | ||
which has been designated as such by the commission as of the date | ||
such petition is filed, to which the city has made a capital | ||
contribution for the water and wastewater facilities serving the | ||
area, the proposed district shall be designated as a "city service | ||
district." If such proposed district does not meet the criteria for | ||
a city service district at the time the petition seeking creation is | ||
filed, such district shall be designated as a "noncity service | ||
district." The city's consent shall not place any restrictions or | ||
conditions on the creation of a noncity service district as defined | ||
by this chapter [ |
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those expressly provided in Subsection (e) of this section and | ||
shall specifically not limit the amounts of the district's bonds. A | ||
city may not require annexation as a consent to creation of any | ||
district. A city shall not refuse to approve a district bond issue | ||
for any reason except that the district is not in compliance with | ||
valid consent requirements applicable to the district. If a city | ||
grants its written consent without the concurrence of the applicant | ||
to the creation of a noncity service district containing conditions | ||
or restrictions that the petitioning land owner or owners | ||
reasonably believe exceed the city's powers, such land owner or | ||
owners may petition the commission to create the district and to | ||
modify the conditions and restrictions of the city's consent. The | ||
commission may declare any provision of the consent to be null and | ||
void. The commission may approve the creation of a district that | ||
includes any portion of the land covered by the city's consent to | ||
creation of the district. The legislature may create and may | ||
validate the creation of a district that includes any portion of the | ||
land covered by the city's consent to the creation of the district. | ||
Explanation: The change is necessary to clarify that a | ||
request to a city for its written consent to the inclusion of land | ||
within a district in accordance with Section 42.042, Local | ||
Government Code, shall be signed by a majority in value of the | ||
holders of title of the land within the proposed district as | ||
indicated by the county tax rolls. | ||
(2) House Rule 13, Section 9(a)(4), is suspended to permit | ||
the committee to add text on a matter not included in either the | ||
house or senate version of the bill by adding proposed SECTIONS 3 | ||
and 4 to the bill to read as follows: | ||
SECTION 3. Section 49.302(b), Water Code, is amended to | ||
read as follows: | ||
(b) A petition requesting the annexation of a defined area | ||
signed by a majority in value of the owners of land in the defined | ||
area, as shown by the tax rolls of the central appraisal district of | ||
the county or counties in which such area is located, [ |
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describe the land by metes and bounds or by lot and block number if | ||
there is a recorded plat of the area and shall be filed with the | ||
secretary of the board. | ||
SECTION 4. Section 54.014, Water Code, is amended to read as | ||
follows: | ||
Sec. 54.014. PETITION. When it is proposed to create a | ||
district, a petition requesting creation shall be filed with the | ||
commission. The petition shall be signed by a majority in value of | ||
the holders of title of the land within the proposed district, as | ||
indicated by the tax rolls of the central appraisal district. [ |
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Explanation: The change is necessary to change the petition | ||
requirements for creation of or annexation of land to certain | ||
special purpose districts. | ||
Schubert | ||
______________________________ | ||
Speaker of the House | ||
I certify that H.R. No. 2619 was adopted by the House on May | ||
28, 2017, by the following vote: Yeas 141, Nays 3, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||