88S30550 SCP-D
	By: Hall	S.B. No. 60

	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,
	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 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 pending before the Texas
	Commission on Environmental Quality on 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 on the 91st day after the
	last day of the legislative session.

Statutes affected:
Introduced: Water Code 54.001, Water Code 54.015 (Water Code 54)