SB1914 - Relating to consent by a county commissioners court for the creation of certain conservation and reclamation districts in the unincorporated area of the county.

  89R9360 SCR-D     By: Eckhardt S.B. No. 1914       A BILL TO BE ENTITLED   AN ACT   relating to consent by a county commissioners court for the   creation of certain conservation and reclamation districts in the   unincorporated area of the county.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 49.316(k), Water Code, is amended to   read as follows:          (k)  Municipal or county consent to the creation of the   district and to the inclusion of land in the district acts as   municipal or county consent to the creation of any new district   created by the division of the district and to the inclusion of land   in the new district.          SECTION 2.  Section 54.0161, Water Code, is amended to read   as follows:          Sec. 54.0161.   CONSENT [ REVIEW ] OF [ CREATION BY ] COUNTY.     (a)  This section applies only to a proposed district any territory   [ all ] of which is to be located outside the corporate limits of a   municipality.          (a-1)  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 each [ any ] county in which   the proposed district is to be located.          (a-2)  The commissioners court of each [ a ] county in which   the 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.          (b)   A [ In the event the county commissioners court votes to   submit information to the commission or to make a recommendation   regarding the creation of the proposed district, the ] commissioners   court may [ shall ] submit to the commission[ , at least 10 days before   the date set for action on the petition, ] a written notice that   includes [ opinion stating ]:                (1)   a statement of whether the commissioners court   consents, consents with modifications, or objects to [ recommends ]   the creation of the proposed district; and                (2)   an explanation of the commissioners court's   modifications or objections, as applicable, with any other   findings, conclusions, and [ other ] information that the   commissioners court thinks would assist the commission in making a   final determination on the petition.           (b-1)     A county commissioners court that does not submit to   the commission a written notice under Subsection (b) before the   121st day after receiving a notice of the petition under Subsection   (a-1) is considered to have consented to the creation of the   district.          (c)   The commission may not grant [ In passing on ] a petition   unless [ subject to this section, the commission shall consider the   written opinion submitted by ] the county commissioners court of   each county in which the proposed district is to be located consents   to the creation of the district under this section .          SECTION 3.  Subchapter A, Chapter 59, Water Code, is amended   by adding Section 59.0061 to read as follows:           Sec.   59.0061.     CONSENT OF COUNTY. (a)   This section applies   only to a proposed district:                 (1)     any territory of which is to be located outside the   corporate limits of a municipality; and                 (2)     which is to be created by a petition other than a   petition submitted under Section 59.003(a)(3).           (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 each county in which the   proposed district is to be located.           (c)     The commissioners court of each county in which the   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 commissioners court may submit to the commission a   written notice that includes:                 (1)     a statement of whether the commissioners court   consents, consents with modifications, or objects to the creation   of the proposed district; and                 (2)     an explanation of the commissioners court's   modifications or objections, as applicable, with any other   findings, conclusions, and information that the commissioners   court thinks would assist the commission in making a final   determination on the petition.           (e)     A county commissioners court that does not submit to the   commission a written notice under Subsection (d) before the 121st   day after receiving a notice of the petition under Subsection (b) is   considered to have consented to the creation of the district.           (f)     The commission may not grant a petition subject to this   section unless the commission receives the written notice submitted   by the county commissioners court consenting to the creation of the   district.          SECTION 4.  Subchapter B, Chapter 65, Water Code, is amended   by adding Section 65.0161 to read as follows:           Sec.   65.0161.     CONSENT OF COUNTY. (a)   This section applies   only to a proposed district any territory of which is to be located   outside the corporate limits of a municipality.           (b)     Promptly after a resolution is filed with the commission   under Section 65.014, the commission shall notify the commissioners   court of each county in which the proposed district is to be   located.           (c)     The commissioners court of each county in which the   district is to be located may review the resolution and other   evidence and information relating to the proposed district that the   commissioners court considers necessary.   The water supply or sewer   service corporation that proposes to create the district shall   submit to the county commissioners court any relevant information   requested by the commissioners court.           (d)     A commissioners court may submit to the commission a   written notice that includes:                 (1)     a statement of whether the commissioners court   consents, consents with modifications, or objects to the creation   of the proposed district; and                 (2)     an explanation of the commissioners court's   modifications or objections, as applicable, with any other   findings, conclusions, and information that the commissioners   court thinks would assist the commission in making a final   determination on the petition.           (e)     A county commissioners court that does not submit to the   commission a written notice under Subsection (d) before the 121st   day after receiving notice of the resolution under Subsection (b)   is considered to have consented to the creation of the district.           (f)     The commission may not authorize the creation of the   district unless the county commissioners court of each county in   which the proposed district is to be located consents to the   creation of the district under this section.          SECTION 5.  The changes in law made by this Act apply only to   a petition or resolution for the creation of a district filed with   the Texas Commission on Environmental Quality on or after the   effective date of this Act.  A petition or resolution pending before   the Texas Commission on Environmental Quality on the effective date   of this Act is governed by the law in effect at the time the petition   or resolution was filed, and the former law is continued in effect   for that purpose.          SECTION 6.  This Act takes effect September 1, 2025.