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.

89(R) HB 363 - Engrossed version - Bill Text

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.