HB3139 - Relating to the authority of a county overlying the Edwards Aquifer to approve the creation of and issuance of bonds by a municipal utility district.

  89R9940 JBD-F     By: Zwiener H.B. No. 3139       A BILL TO BE ENTITLED   AN ACT   relating to the authority of a county overlying the Edwards Aquifer   to approve the creation of and issuance of bonds by a municipal   utility district.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 54.001, Water Code, is amended by adding   Subdivision (10) to read as follows:                 (10)     "Edwards Aquifer" has the meaning assigned by   Section 26.046.          SECTION 2.  Section 54.0161(a), Water Code, is amended to   read as follows:          (a)  This section applies only to a proposed district :                 (1)   all of which is to be located outside the corporate   limits of a municipality ; and                 (2)     no part of which is to be located in a county that   contains a portion of the Edwards Aquifer .          SECTION 3.  Subchapter B, Chapter 54, Water Code, is amended   by adding Section 54.0166 to read as follows:           Sec.   54.0166.     NOTICE AND CONSENT OF COUNTY FOR DISTRICT   OVERLYING EDWARDS AQUIFER. (a)   This section applies only to a   proposed district:                 (1)     all of which is to be located outside the corporate   limits of a municipality; and                 (2)     any part of which is to be located in a county that   contains a portion of the Edwards Aquifer.           (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 any county in which the   proposed district is to be located.           (c)     The commissioners court of a county in which the   proposed 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 proposed district may not be created and include land   in a county to which this section applies unless the commissioners   court of the county adopts a measure by majority vote stating that   the county does not object to the inclusion of the land in the   district.   The commission by rule may adopt a deadline for the   commissioners court of a county to object to the creation of a   district for the purposes of this section.   The commission may not   approve a petition to create a district to which this section   applies if the commissioners court of the county objects under this   subsection.           (e)     The commissioners court of a county may request from the   commission any information necessary for the purposes of this   section.          SECTION 4.  Section 54.5161, Water Code, is amended by   amending Subsection (a) and adding Subsection (c) to read as   follows:          (a)   Except as provided by Subsection (c), before [ Before ]   the commission gives final approval on any bond issue for the   purpose of financing a project of a district located wholly or   partly outside the extraterritorial jurisdiction of a city, the   commission shall notify the county commissioners of the county in   which the district is located that an application has been filed and   give the county an opportunity within 30 days after notification to   examine all information on file and submit a written opinion from   the commissioners court stating any findings, conclusions, or other   information that the commissioners court considers important to the   commission's final determination.           (c)     Before the commission gives final approval on any bond   issue for the purpose of financing a project of a district to which   Section 54.0166 applies, in addition to the requirements of   Subsections (a) and (b), the commission shall provide the   commissioners court of the county an opportunity to reject the bond   issue through a measure adopted by a majority vote of the   commissioners court.   The commissioners court of a county may   request from the commission any information necessary for the   purposes of this section.   The commission may not give final   approval to a bond issue rejected by the commissioners court of a   county under this subsection.          SECTION 5.  (a)  Section 54.0166, Water Code, as added by   this Act, applies only to a petition for the 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 for   the creation of a municipal utility district filed with the Texas   Commission on Environmental Quality before 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.          (b)  Section 54.0166, Water Code, as added by this Act, does   not affect the validity of a municipal utility district created by   the Texas Commission on Environmental Quality before the effective   date of this Act.          (c)  Section 54.5161, Water Code, as amended by this Act,   applies only to an application submitted to the Texas Commission on   Environmental Quality under that section on or after the effective   date of this Act.  An application submitted to the Texas Commission   on Environmental Quality under Section 54.5161, Water Code, before   the effective date of this Act is governed by the law in effect on   that date, and the former law is continued in effect for that   purpose.          SECTION 6.  This Act takes effect September 1, 2025.