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AN ACT
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relating to the acquisition of road powers by a municipal utility |
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district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.234, Water Code, is amended to read as |
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follows: |
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Sec. 54.234. ACQUIRING ROAD [UTILITY DISTRICT] POWERS. (a) |
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Any district or any petitioner seeking the creation of a district[,
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which has the power to levy taxes,] may petition the commission to |
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acquire the power [powers granted to road utility districts
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operating pursuant to Chapter 441, Transportation Code,] under the |
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authority of Article III, Section 52, Texas Constitution, to |
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design, acquire, construct, finance, issue bonds for, and convey to |
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this state, a county, or a municipality for operation and |
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maintenance, a road described by Subsection (b) or any improvement |
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in aid of the road. |
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(b) The road must meet the criteria for a thoroughfare, |
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arterial, or collector road of: |
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(1) a county in whose jurisdiction the proposed road |
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project is located; or |
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(2) a municipality in whose corporate limits or |
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extraterritorial jurisdiction the proposed road project is |
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located. |
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(c) As soon as practicable after such petition has been |
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filed with the commission, the commission shall issue an order |
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either approving or denying such petition. |
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(d) If the commission issues an order approving the |
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petition, the district may undertake a road project if: |
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(1) the municipality or county that will operate and |
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maintain the road has approved the plans and specifications of the |
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road project; or |
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(2) the Texas Transportation Commission has approved |
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the plans and specifications of the road project, if the state is to |
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operate and maintain the road. |
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(e) Except as provided by Subsection (d), a district is not |
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required to obtain approval from the Texas Transportation |
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Commission to acquire, construct, convey, or finance the road |
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project. [In the event of any conflict between the provisions of
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the Water Code and the general laws of this state applicable to the
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district and the provisions of Chapter 441, Transportation Code,
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the provisions of the Water Code and the general laws of this state
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applicable to the district shall prevail.] |
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SECTION 2. Section 54.234, Water Code, as amended by this |
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Act, applies to a municipal utility district that acquires road |
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powers before, on, or after the effective date of this Act. |
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SECTION 3. A bond election held before the effective date of |
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this Act by a municipal utility district to finance a road project |
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authorized by Section 54.234, Water Code, is validated. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3770 was passed by the House on May 9, |
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2007, by the following vote: Yeas 143, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3770 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |