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89(R) HB 5701 - Introduced version - Bill Text
89R21484 JBD-F
By: Bell of Montgomery
H.B. No. 5701
A BILL TO BE ENTITLED
AN ACT
relating to the provision of water supply service by the Montgomery
County Municipal Utility District No. 140 to land located wholly or
partly in the territory of another district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 8425, Special District
Local Laws Code, is amended by adding Section 8425.007 to read as
follows:
Sec.
8425.007.
SELECTION OF WATER SERVICE PROVIDER. (a)
An
owner of land in the district may petition the district in writing
to request that the district be the sole provider of water supply
services to land owned by that owner outside the boundaries of the
district and located wholly or partially in the boundaries of
another conservation and reclamation district if the other
conservation and reclamation district is not authorized to impose
an ad valorem tax and does not supply water supply services to the
land.
(b)
The district may approve a request under Subsection (a)
by adopting a resolution designating the district as the exclusive
provider of water supply services to the land.
The district may not
approve the request if approving the request would impair the
repayment of any debt obligation of the other conservation and
reclamation district.
(c)
Except as provided by Subsection (d), if the district
adopts a resolution described by Subsection (b), the district shall
have the exclusive authority to:
(1) supply water services to the land; and
(2)
impose a charge, fee, tax, or assessment against
the land in connection to supplying water services to the land.
(d)
Notwithstanding Subsection (c), a regional water
authority in which the land is located may:
(1) supply water services to the land; and
(2)
impose a charge, fee, tax, or assessment against
the land in connection to supplying water services to the land.
(e)
Not later than the 30th day after the date the district
adopts a resolution described under Subsection (b), the district
shall:
(1)
file the resolution and the landowner's petition
in the real property records of the county; and
(2)
send a certified copy of the resolution to each
conservation and reclamation district in which the land that is the
subject of the resolution is wholly or partly located.
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.