SB102 - Relating to the notice and petition for the creation of a municipal utility district in certain counties.

  89R1010 SCP-F     By: Hall S.B. No. 102       A BILL TO BE ENTITLED   AN ACT   relating to the notice and petition for the creation of a municipal   utility district in certain counties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 54.001(4) and (5), Water Code, are   amended to read as follows:                (4)  "Commission" means the Texas [ Natural Resource   Conservation ] Commission on Environmental Quality .                (5)  "Executive director" means the executive director   of the commission [ Texas Natural Resource Conservation   Commission ].          SECTION 2.  Subchapter B, Chapter 54, Water Code, is amended   by adding Section 54.0135 to read as follows:           Sec.   54.0135.     PRE-PETITION NOTICE TO CERTAIN COUNTIES.   (a)     This section applies only to a proposed district described by   Section 54.0161(a).           (b)     Before a petition requesting creation of a proposed   district is filed with the commission under Section 54.014, notice   must be sent by certified mail to the commissioners court of each   county in which the proposed district is to be located.   The notice   must:                 (1)     generally describe the boundaries of the land to   be included in the proposed district, including, if possible, by   metes and bounds or by lot and block number if there is a recorded   map or plat and survey of the area to be included in the district;   and                 (2)  inform the commissioners court of the right to:                       (A)     respond to the notice provided under this   section;                       (B)     review the petition requesting creation of   the proposed district; and                       (C)     submit a written opinion on the creation of   the proposed district under Section 54.0161.           (c)     Notice under this section must be sent by certified mail   at least 30 days before the date a petition requesting creation of   the proposed district is filed with the commission under Section   54.014.          SECTION 3.  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)  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 ; and                 (4)     for a district described by Section 54.0161(a),   include a copy of the notice described by Section 54.0135 .          SECTION 4.  Section 54.0135, Water Code, as added by this   Act, and Section 54.015, Water Code, as amended by this Act, apply   only to a petition requesting creation of a municipal utility   district that is filed with the Texas Commission on Environmental   Quality on or after the effective date of this Act.  A petition   requesting creation of a municipal utility district that was filed   with the commission 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.          SECTION 5.  This Act takes effect September 1, 2025.