HB5172 - Relating to the creation of a district.

      By: Bell of Montgomery H.B. No. 5172       A BILL TO BE ENTITLED   AN ACT   relating to the creation of a district.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 49.011, Water Code is amended to read as   follows:          Sec. 49.011.  NOTICE APPLICABLE TO CREATION OF A DISTRICT OR   ADDITION OF LANDS TO A DISTRICT BY THE COMMISSION. (a)  On receipt   by the commission of all required documentation associated with an   application for creation of a district by the commission under   Chapter 36, 50, 51, 54, 55, 58, 65, or 66 of this code or Chapter   375, Local Government Code or addition of lands to a district by the   commission under Section 54.016 of this code or Section 42.042,   Local Government Code the commission shall issue a notice   indicating that the application is administratively complete.          (b)  The commission by rule shall establish a procedure for   public notice and hearing of applications.  The rules must require   an applicant to publish the notice issued by the commission under   Subsection (a) once a week for two consecutive weeks in a newspaper   regularly published or circulated in the county where the district   or added land is proposed to be located not later than the 30th day   before the date on which the commission may act on the application.     The commission shall provide the notice to each state   representative and state senator who represents an area inside the   proposed district's boundaries or boundaries of land to be added to   the district under Section 54.016 of this code or Section 42.042,   Local Government Code.          (c)  The commission may act on an application without holding   a public hearing if a public hearing is not requested by the   commission, the executive director, or an affected person in the   manner prescribed by commission rule during the 30 days following   the final publication of notice under Subsection (b).          (d)  If the commission determines that a public hearing is   necessary, the commission shall advise all parties of the time and   place of the hearing.  The commission is not required to provide   public notice of a hearing under this section.          (e)   The commission shall require any affected person that is   a taxing unit or other provider of water or wastewater services that   requests a hearing on a petition under this section to post a bond   issued by a surety company qualified to do business in this state or   other adequate security in the pro rata amount of the estimated   legal, engineering, and related costs that may be incurred by the   applicant for the hearing proceeding.   The amount of the bond or   other security shall be determined by the commission at the time a   hearing is granted.   If the petition is denied by the commission   after a hearing, then the commission shall order the applicant to   reimburse the legal, engineering and other related costs and   expenses related to hearing incurred by any affected person that is   a taxing unit or other provider of water or wastewater services.   If   the petition is approved by the commission after a hearing, then the   commission shall order each affected person that is a taxing unit or   other provider of water or wastewater services to reimburse its pro   rata share of the applicant's legal, engineering and related costs   and expenses related to the hearing.          ( f )  A copy of the order of the commission granting or   denying a petition for the creation of a district shall be mailed to   each city having extraterritorial jurisdiction in the county or   counties in which the district is located who requested a hearing   under Section 49.011.          SECTION 2.  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.