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A BILL TO BE ENTITLED
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AN ACT
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relating to the review of the creation of certain proposed |
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municipal utility districts by county commissioners courts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.0161, Water Code, is amended to read |
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as follows: |
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Sec. 54.0161. REVIEW OF CREATION BY COUNTY. (a) This |
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section applies only to a proposed district all of which is to be |
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located outside the corporate limits of a municipality. |
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(a-1) Promptly after a petition is filed with the commission |
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to create a district to which this section applies, the commission |
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shall notify the commissioners court of any county in which the |
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proposed district is to be located. |
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(a-2) The [If all or part of a proposed district is to be
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located outside the extraterritorial jurisdiction of a city, the] |
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commissioners court of a [the] county in which the district is to be |
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located may review the petition for creation and other evidence and |
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information relating to the proposed district that the |
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commissioners consider necessary. Petitioners for the creation of a |
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district shall submit to the county commissioners court any |
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relevant information requested by the commissioners court [in the
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event a review is done]. |
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(b) In the event the county commissioners court votes to |
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submit information to the commission or to make a recommendation |
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regarding the creation of the proposed district [of a review], the |
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commissioners court shall submit to the commission, at least 10 |
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days before the date set for action [the hearing] on the petition, a |
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written opinion stating: |
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(1) whether [or not] the commissioners court |
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recommends [county would recommend] the creation of the proposed |
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district; and |
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(2) [stating] any findings, conclusions, and other |
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information that the commissioners court thinks [think] would |
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assist the commission in making a final determination on the |
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petition. |
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(c) In passing on a petition subject to [under] this section |
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[subchapter], the commission shall consider the written opinion |
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submitted by the county commissioners court. |
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SECTION 2. The changes in law made by this Act apply only to |
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a petition for the creation of a municipal utility district that is |
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filed with the Texas Commission on Environmental Quality on or |
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after the effective date of this Act. A petition pending before the |
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Texas Commission on Environmental Quality on the effective date of |
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this Act is governed by the law in effect at the time the petition |
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was filed, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |