HB4404 - 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.

  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.