Bill Text: TX HB363 | 2025-2026 | 89th Legislature | Introduced


Bill Title: Relating to the notice and petition for the creation of a municipal utility district in certain counties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-11-12 - Filed [HB363 Detail]

Download: Texas-2025-HB363-Introduced.html
  89R1010 SCP-F
 
  By: Bell of Kaufman H.B. No. 363
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the notice and petition for the creation of a municipal
  utility district in certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 54.001(4) and (5), Water Code, are
  amended to read as follows:
               (4)  "Commission" means the Texas [Natural Resource
  Conservation] Commission on Environmental Quality.
               (5)  "Executive director" means the executive director
  of the commission [Texas Natural Resource Conservation
  Commission].
         SECTION 2.  Subchapter B, Chapter 54, Water Code, is amended
  by adding Section 54.0135 to read as follows:
         Sec. 54.0135.  PRE-PETITION NOTICE TO CERTAIN COUNTIES.  (a)  
  This section applies only to a proposed district described by
  Section 54.0161(a).
         (b)  Before a petition requesting creation of a proposed
  district is filed with the commission under Section 54.014, notice
  must be sent by certified mail to the commissioners court of each
  county in which the proposed district is to be located.  The notice
  must:
               (1)  generally describe the boundaries of the land to
  be included in the proposed district, including, if possible, by
  metes and bounds or by lot and block number if there is a recorded
  map or plat and survey of the area to be included in the district;
  and
               (2)  inform the commissioners court of the right to:
                     (A)  respond to the notice provided under this
  section;
                     (B)  review the petition requesting creation of
  the proposed district; and
                     (C)  submit a written opinion on the creation of
  the proposed district under Section 54.0161.
         (c)  Notice under this section must be sent by certified mail
  at least 30 days before the date a petition requesting creation of
  the proposed district is filed with the commission under Section
  54.014.
         SECTION 3.  Section 54.015, Water Code, is amended to read as
  follows:
         Sec. 54.015.  CONTENTS OF PETITION. The petition shall:
               (1)  describe the boundaries of the proposed district
  by metes and bounds or by lot and block number, if there is a
  recorded map or plat and survey of the area;
               (2)  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; [and]
               (3)  include a name of the district which shall be
  generally descriptive of the locale of the district followed by the
  words Municipal Utility District, or if a district is located
  within one county, it may be designated "__________ County
  Municipal Utility District No. ______." (Insert the name of the
  county and proper consecutive number.) The proposed district shall
  not have the same name as any other district in the same county; and
               (4)  for a district described by Section 54.0161(a),
  include a copy of the notice described by Section 54.0135.
         SECTION 4.  Section 54.0135, Water Code, as added by this
  Act, and Section 54.015, Water Code, as amended by this Act, apply
  only to a petition requesting creation of a municipal utility
  district that is filed with the Texas Commission on Environmental
  Quality on or after the effective date of this Act.  A petition
  requesting creation of a municipal utility district that was filed
  with the commission before the effective date of this Act is
  governed by the law in effect on the date the petition was filed,
  and the former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2025.
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