| (a) Any water improvement district, water control and
improvement district, fresh water supply district, levee improvement
district, irrigation district or any other conservation and reclamation
district or any special utility district created under the Texas Constitution,
Article XVI, §59, may be converted into a municipal utility district
operating under the Texas Water Code (TWC), Chapter 54.
(b) The application for the conversion of a district
shall be accompanied by the following:
(1) a certified copy of the resolution adopted by the
board of directors in accordance with TWC, §54.030(b) as amended
by House Bill (HB) 2914, 86th Texas Legislature, 2019 and §54.030(d).
The resolution required by this paragraph may be submitted after the
hearing required by TWC, §54.030(b) as amended by HB 2590, 86th
Texas Legislature, 2019;
(2) a $700 application fee;
(3) unless waived by the executive director, a preliminary
plan (22 - 24 inches by 36 inches or digital data in electronic format)
showing the location of existing facilities including highways, roads,
and other improvements together with the location of proposed utility
mains and sizing, general drainage patterns, principal drainage ditches
and structures, utility plant sites, recreational areas, commercial
and school sites, areas within the 100-year flood plain, and any other
information pertinent to the project;
(4) unless waived by the executive director, a preliminary
engineering report including:
(A) a description of existing area, conditions, topography,
and proposed improvements;
(B) land use plan;
(C) 100-year flood computations or source of information;
(D) existing and projected populations;
(E) tentative itemized cost estimates of the proposed
capital improvements, if any and itemized cost summary for anticipated
bond issue requirements;
(F) projected tax rate and water and wastewater rates;
and
(G) total tax assessments on all land within the district;
and
(5) other data and information as the executive director
may require.
(c) Prior to commission action on the application for
conversion the following requirements shall be met with evidence of
such compliance filed with the chief clerk:
(1) Notice of the conversion application filed with
the commission shall be given by publishing notice in a newspaper
with general circulation in the county or counties in which the district
is located. The notice shall be published once a week for two consecutive
weeks. The notice shall:
(A) set out the resolution provided in subsection (b)(1)
of this section in full; and
(B) notify all interested persons how they may offer
comments to the commission for or against the proposal contained in
the resolution.
(2) Notice of the hearing to be conducted by the district's
board as required by TWC, §54.030(b) as amended by HB 2590, shall
be given by publishing notice of the hearing in a newspaper with general
circulation in the district. The notice shall be published once a
week for two consecutive weeks. The notice shall:
(A) set out the resolution adopted by the district
in full; and
(B) notify all interested persons how they may offer
comments to the district's board for or against the proposal contained
in the resolution.
(3) The district shall file its resolution requesting
conversion with the city secretary or clerk of each city, in whose
corporate limits or extraterritorial jurisdiction any part of the
district is located, concurrently with submitting its application
for conversion to the commission.
(d) After the hearing required by TWC, §54.030(b)
as amended by HB 2590, the resolution required by TWC, §54.030(d)
shall be filed with the commission and mailed to each state senator
and representative who represents the area in which the district is
located.
(e) A special utility district formed pursuant to the
TWC, Chapter 65, which applies for conversion to a district having
taxing authority that provides water, wastewater, or other public
utility services, must comply with the requirements of Texas Local
Government Code, §42.042.
(f) Any water improvement district, water control and
improvement district, fresh water supply district, levee improvement
district, irrigation district, or any other conservation and reclamation
district or any special utility district created under the Texas Constitution,
Article XVI, §59, may obtain additional wastewater and/or drainage
powers.
(g) The application for the addition of wastewater
and/or drainage powers shall be accompanied by the following:
(1) a certified copy of the resolution adopted by the
board of directors requesting the commission to hold a hearing on
the question of the addition of wastewater and/or drainage powers
for the district;
(2) a $700 application fee;
(3) unless waived by the executive director, a preliminary
plan (22 - 24 inches by 36 inches or digital data in electronic format)
showing the location of existing facilities including highways, roads,
and other improvements together with the location of proposed utility
mains and sizing, general drainage patterns, principal drainage ditches
and structures, utility plant sites, recreational areas, commercial
and school sites, areas within the 100-year flood plain, and any other
information pertinent to the project;
(4) unless waived by the executive director, a preliminary
engineering report including:
(A) a description of existing area, conditions, topography,
and proposed improvements;
(B) land use plan;
(C) 100-year flood computations or source of information;
(D) existing and projected populations;
(E) tentative itemized cost estimates of the proposed
capital improvements, if any and itemized cost summary for anticipated
bond issue requirements;
(F) projected tax rate and water and wastewater rates;
and
(G) total tax assessments on all land within the district;
and
(5) other data and information as the executive director
may require.
(h) Prior to the hearing for the addition of wastewater
and/or drainage powers, the following requirements shall be met with
evidence of such compliance filed with the chief clerk at or prior
to the hearing:
(1) Notice of the hearing in a form issued by the chief
clerk shall be given by publishing notice in a newspaper with general
circulation in the county or counties in which the district is located.
The notice shall be published once a week for two consecutive weeks
with the first publication to be made not less than 14 days before
the time set for the hearing. The notice shall:
(A) state the time and place of the hearing;
(B) set out the resolution adopted by the district
in full; and
(C) notify all interested persons to appear and offer
testimony for or against the proposed contained in the resolution.
(2) The district shall file its resolution requesting
additional powers with the city secretary or clerk of each city, in
whose corporate limits or extraterritorial jurisdiction any part of
the district is located, concurrently with submitting its application
to the commission.
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