TITLE: Relating to the powers and duties of the Texas Commission on Environmental Quality regarding the approval of conservation and reclamation district petitions.

SUMMARY: Relating to the powers and duties of the Texas Commission on Environmental Quality regarding the approval of conservation and reclamation district petitions.

FULL TEXT:
AN ACT relating to the powers and duties of the Texas Commission on Environmental Quality regarding the approval of conservation and reclamation district petitions. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 49.321, Water Code, is amended to read as follows: Sec. 49.321. DISSOLUTION AUTHORITY. After notice [and hearing],the commission may dissolve any district that is inactive for a period of five consecutive years and has no outstanding bonded indebtedness. SECTION 2. Section 49.324, Water Code, is amended to read as follows: Sec. 49.324. ORDER OF DISSOLUTION. The commission may enter an order dissolving the district [at the conclusion of the hearing] if it finds that the district has performed none of the functions for which it was created for a period of five consecutive years [before the day of the proceeding] and that the district has no outstanding bonded indebtedness. SECTION 3. Section 54.030(b), Water Code, is amended to read as follows: (b) The governing body of a district which desires to convert into a district operating under this chapter shall adopt and enter in the minutes of the governing body a resolution declaring that in its judgment, conversion into a municipal utility district operating under this chapter and under Article XVI, Section 59, of the Texas Constitution, would serve the best interest of the district and would be a benefit to the land and property included in the district. The resolution shall also request [the commission to hold a hearing on the question] approval of the conversion of the district. SECTION 4. Section 54.032, Water Code, is amended to read as follows: Sec. 54.032. CONVERSION OF DISTRICT: NOTICE. (a) Notice of the conversion [hearing] shall be given by publishing notice in a newspaper with general circulation in the county or counties in which the district is located. (b) The notice shall be published once a week for two consecutive weeks [with the first publication to be made not less than 14 full days before the time set for the hearing].(c) The notice shall: (1) [state the time and place of the hearing;] [(2)] set out the resolution adopted by the district in full; and (2) [(3)] notify all interested persons how they may offer comments [to appear and offer testimony] for or against the proposal contained in the resolution. SECTION 5. Section 54.033(a), Water Code, is amended to read as follows: Sec. 54.033. CONVERSION OF DISTRICT; FINDINGS. (a) If [After a hearing, if] the commission finds that conversion of the district into one operating under this chapter would serve the best interest of the district and would be a benefit to the land and property included in the district, it shall enter an order making this finding and the district shall become a district operating under this chapter and no confirmation election shall be required. SECTION 6. Water Code Sections 49.322 and 54.031 are repealed. SECTION 7. This Act takes effect September 1, 2019.