bill makes new districts plan for police and fire

The text as introduced · 1,296 words

89R13122 MP-D

By: Pierson
H.B. No. 4404

A BILL TO BE ENTITLED

AN ACT

relating to the consideration of the provision of law enforcement,

fire protection, and emergency services by a commissioners court or

the Texas Commission on Environmental Quality when determining

whether to grant or deny a petition for the creation of certain

conservation and reclamation districts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 51.014, Water Code, is amended to read as

follows:

Sec. 51.014. CONTENTS OF PETITION. The petition shall

include:

(1) the name of the district;

(2) the area and boundaries of the district;

(3) the provision of the Texas Constitution under

which the district is to be organized;

(4) the purpose or purposes of the district;

(5) a statement of the general nature of the work to be

done and the necessity and feasibility of the project, with

reasonable detail and definiteness to assist the court or

commission passing on the petition in understanding the purpose,

utility, feasibility, and need; [ and ]

(6) if the district will be located outside the

boundaries of a municipality, a plan for:

(A) the provision of law enforcement, fire

protection, and emergency services in the district; and

(B) roads constructed in the district to allow

for a fire truck to turn around on the roads; and

(7) a statement of the estimated cost of the project

based on the information available to the person filing the

petition at the time of filing.

SECTION 2. Section 51.021(a), Water Code, is amended to

read as follows:

(a) The commissioners court or the commission shall grant

the petition requesting the creation of a district if it appears at

the hearing that:

(1) organization of the district as requested is

feasible and practicable;

(2) the land to be included and the residents of the

proposed district will be benefited by the creation of the

district;

(3) there is a public necessity or need for the

district; [ and ]

(4) law enforcement, fire protection, and emergency

services will be provided in the district;

(5) roads constructed in the district will allow for a

fire truck to turn around on the roads; and

(6) the creation of the district would further the

public welfare.

SECTION 3. Section 51.027, Water Code, is amended by adding

Subsection (a-1) to read as follows:

(a-1) The commission may grant a petition requesting the

creation of a district only if it appears at the hearing that:

(1) law enforcement, fire protection, and emergency

services will be provided in the district; and

(2) roads constructed in the district will allow for a

fire truck to turn around on the roads.

SECTION 4. Section 53.014, Water Code, is amended to read as

follows:

Sec. 53.014. REQUISITES OF PETITION. To be sufficient, the

petition must:

(1) be signed by a majority of the persons who hold

title to land in the proposed district that represents a total value

of more than 50 percent of the value of all the land in the proposed

district as indicated by the appraisal roll of the appraisal

district in which the proposed district is located. If there are

more than 50 persons holding title to land in the proposed district,

the petition is sufficient if signed by 50 of those persons; [ and ]

(2) if the district will be located outside the

boundaries of a municipality, include a plan for:

(A) the provision of law enforcement, fire

protection, and emergency services in the proposed district; and

(B) roads constructed in the district to allow

for a fire truck to turn around on the roads; and

(3) state:

(A) the boundaries of the proposed district;

(B) the general nature of the projects proposed

to be done;

(C) the necessity for the proposed district;

(D) the feasibility of the proposed district; and

(E) the proposed name for the district, which

must include the name of the county in which it is situated.

SECTION 5. Section 53.019, Water Code, is amended by adding

Subsection (d) to read as follows:

(d) The commissioners court may grant a petition requesting

the creation of a district only if it appears at the hearing that:

(1) law enforcement, fire protection, and emergency

services will be provided in the district; and

(2) roads constructed in the district will allow for a

fire truck to turn around on the roads.

SECTION 6. 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) if the district will be located outside the

boundaries of a municipality, include a plan for:

(A) the provision of law enforcement, fire

protection, and emergency services in the proposed district; and

(B) roads constructed in the district to allow

for a fire truck to turn around on the roads; and

(4) 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.

SECTION 7. Section 54.021(b), Water Code, is amended to

read as follows:

(b) In determining if the project is feasible and

practicable and if it is necessary and would be a benefit to the

land included in the district, the commission shall consider:

(1) the availability of comparable service from other

systems, including but not limited to water districts,

municipalities, and regional authorities;

(2) the reasonableness of projected construction

costs, tax rates, and water and sewer rates; [ and ]

(3) if the district will be located outside the

boundaries of a municipality, whether:

(A) law enforcement, fire protection, and

emergency services will be provided in the district; and

(B) roads constructed in the district will allow

for a fire truck to turn around on the roads; and

(4) whether or not the district and its system and

subsequent development within the district will have an

unreasonable effect on the following:

(A) land elevation;

(B) subsidence;

(C) groundwater level within the region;

(D) recharge capability of a groundwater source;

(E) natural run-off rates and drainage;

(F) water quality; and

(G) total tax assessments on all land located

within a district.

SECTION 8. The change in law made by this Act applies only

to the creation of a water control and improvement district,

freshwater supply district, or a municipal utility district for

which a petition for the district's creation was filed on or after

the effective date of this Act. A petition for the creation of such

a district that was filed before the effective date of this Act and

is pending before a commissioners court or 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 9. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.