HB363 - Relating to the filing with the county clerk of certain counties of a draft of a petition requesting the creation of a municipal utility district.

  89R19201 SCF-F     By: Bell of Kaufman, Gates, Noble, Tepper, H.B. No. 363       Zwiener, et al.       A BILL TO BE ENTITLED   AN ACT   relating to the filing with the county clerk of certain counties of   a draft of a petition requesting the creation of a municipal utility   district.          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.     FILING OF DRAFT OF PETITION WITH COUNTY   CLERK. (a)   This section applies only to a proposed district   described by Section 54.0161(a).           (b)     At least 30 days before the date an applicant files a   petition requesting creation of a proposed district with the   commission under Section 54.014, the applicant must file a draft of   the petition with the county clerk of each county in which the   proposed district is to be located.          SECTION 3.  Section 54.015, Water Code, is amended to read as   follows:          Sec. 54.015.  CONTENTS OF AND INFORMATION ACCOMPANYING   PETITION. (a)  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.           (b)     For a district described by Section 54.0161(a), the   petition must be accompanied by evidence that the applicant timely   filed a draft of the petition with the county clerk of each county   in which the proposed district is to be located as required by   Section 54.0135.           (c)     An applicant may satisfy the requirements of Subsection   (b) by filing an affidavit attesting to the fact that the applicant   timely filed a draft of the petition as required 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.