Eckhardt’s bill requiring county consent for new water districts

The text as introduced · 1,190 words

89R9360 SCR-D

By: Eckhardt
S.B. No. 1914

A BILL TO BE ENTITLED

AN ACT

relating to consent by a county commissioners court for the

creation of certain conservation and reclamation districts in the

unincorporated area of the county.

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

SECTION 1. Section 49.316(k), Water Code, is amended to

read as follows:

(k) Municipal or county consent to the creation of the

district and to the inclusion of land in the district acts as

municipal or county consent to the creation of any new district

created by the division of the district and to the inclusion of land

in the new district.

SECTION 2. Section 54.0161, Water Code, is amended to read

as follows:

Sec. 54.0161. CONSENT [ REVIEW ] OF [ CREATION BY ] COUNTY.

(a) This section applies only to a proposed district any territory

[ all ] of which is to be located outside the corporate limits of a

municipality.

(a-1) Promptly after a petition is filed with the commission

to create a district to which this section applies, the commission

shall notify the commissioners court of each [ any ] county in which

the proposed district is to be located.

(a-2) The commissioners court of each [ a ] county in which

the district is to be located may review the petition for creation

and other evidence and information relating to the proposed

district that the commissioners consider necessary. Petitioners

for the creation of a district shall submit to the county

commissioners court any relevant information requested by the

commissioners court.

(b) A [ In the event the county commissioners court votes to

submit information to the commission or to make a recommendation

regarding the creation of the proposed district, the ] commissioners

court may [ shall ] submit to the commission[ , at least 10 days before

the date set for action on the petition, ] a written notice that

includes [ opinion stating ]:

(1) a statement of whether the commissioners court

consents, consents with modifications, or objects to [ recommends ]

the creation of the proposed district; and

(2) an explanation of the commissioners court's

modifications or objections, as applicable, with any other

findings, conclusions, and [ other ] information that the

commissioners court thinks would assist the commission in making a

final determination on the petition.

(b-1) A county commissioners court that does not submit to

the commission a written notice under Subsection (b) before the

121st day after receiving a notice of the petition under Subsection

(a-1) is considered to have consented to the creation of the

district.

(c) The commission may not grant [ In passing on ] a petition

unless [ subject to this section, the commission shall consider the

written opinion submitted by ] the county commissioners court of

each county in which the proposed district is to be located consents

to the creation of the district under this section .

SECTION 3. Subchapter A, Chapter 59, Water Code, is amended

by adding Section 59.0061 to read as follows:

Sec. 59.0061. CONSENT OF COUNTY. (a) This section applies

only to a proposed district:

(1) any territory of which is to be located outside the

corporate limits of a municipality; and

(2) which is to be created by a petition other than a

petition submitted under Section 59.003(a)(3).

(b) Promptly after a petition is filed with the commission

to create a district to which this section applies, the commission

shall notify the commissioners court of each county in which the

proposed district is to be located.

(c) The commissioners court of each county in which the

district is to be located may review the petition for creation and

other evidence and information relating to the proposed district

that the commissioners consider necessary. Petitioners for the

creation of a district shall submit to the county commissioners

court any relevant information requested by the commissioners

court.

(d) A commissioners court may submit to the commission a

written notice that includes:

(1) a statement of whether the commissioners court

consents, consents with modifications, or objects to the creation

of the proposed district; and

(2) an explanation of the commissioners court's

modifications or objections, as applicable, with any other

findings, conclusions, and information that the commissioners

court thinks would assist the commission in making a final

determination on the petition.

(e) A county commissioners court that does not submit to the

commission a written notice under Subsection (d) before the 121st

day after receiving a notice of the petition under Subsection (b) is

considered to have consented to the creation of the district.

(f) The commission may not grant a petition subject to this

section unless the commission receives the written notice submitted

by the county commissioners court consenting to the creation of the

district.

SECTION 4. Subchapter B, Chapter 65, Water Code, is amended

by adding Section 65.0161 to read as follows:

Sec. 65.0161. CONSENT OF COUNTY. (a) This section applies

only to a proposed district any territory of which is to be located

outside the corporate limits of a municipality.

(b) Promptly after a resolution is filed with the commission

under Section 65.014, the commission shall notify the commissioners

court of each county in which the proposed district is to be

located.

(c) The commissioners court of each county in which the

district is to be located may review the resolution and other

evidence and information relating to the proposed district that the

commissioners court considers necessary. The water supply or sewer

service corporation that proposes to create the district shall

submit to the county commissioners court any relevant information

requested by the commissioners court.

(d) A commissioners court may submit to the commission a

written notice that includes:

(1) a statement of whether the commissioners court

consents, consents with modifications, or objects to the creation

of the proposed district; and

(2) an explanation of the commissioners court's

modifications or objections, as applicable, with any other

findings, conclusions, and information that the commissioners

court thinks would assist the commission in making a final

determination on the petition.

(e) A county commissioners court that does not submit to the

commission a written notice under Subsection (d) before the 121st

day after receiving notice of the resolution under Subsection (b)

is considered to have consented to the creation of the district.

(f) The commission may not authorize the creation of the

district unless the county commissioners court of each county in

which the proposed district is to be located consents to the

creation of the district under this section.

SECTION 5. The changes in law made by this Act apply only to

a petition or resolution for the creation of a district filed with

the Texas Commission on Environmental Quality on or after the

effective date of this Act. A petition or resolution pending before

the Texas Commission on Environmental Quality on the effective date

of this Act is governed by the law in effect at the time the petition

or resolution was filed, and the former law is continued in effect

for that purpose.

SECTION 6. This Act takes effect September 1, 2025.