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A BILL TO BE ENTITLED
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AN ACT
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relating to validating certain acts and proceedings of the East |
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Lake Houston Management District and to the authority of the |
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district to exercise certain powers, issue bonds, and impose fees, |
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taxes, and assessments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 3936, Special District |
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Local Laws Code, is amended by adding Section 3936.113 to read as |
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follows: |
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Sec. 3936.113. PUBLIC IMPROVEMENT DISTRICT POWERS. The |
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district has the powers provided by Chapter 372, Local Government |
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Code, to a municipality or county. |
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SECTION 2. Subchapter D, Chapter 3936, Special District |
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Local Laws Code, is amended by adding Section 3936.162 to read as |
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follows: |
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Sec. 3936.162. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT. |
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Section 375.161, Local Government Code, does not apply to the |
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district. |
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SECTION 3. Section 3936.204, Special District Local Laws |
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Code, is amended by adding Subsection (d) to read as follows: |
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(d) The district may issue, by public or private sale, |
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bonds, notes, or other obligations payable wholly or partly from |
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assessments in the manner provided by Subchapter A, Chapter 372, |
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Local Government Code, if the improvements financed by an |
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obligation issued under this section will be conveyed to, operated |
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and maintained by, or otherwise financed pursuant to an agreement |
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between the district and the county, a municipality, or a retail |
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utility provider entered into before the issuance of the |
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obligation. |
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SECTION 4. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act have been |
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fulfilled and accomplished. |
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SECTION 5. (a) The following are validated and confirmed in |
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all respects: |
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(1) the creation of the East Lake Houston Management |
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District; and |
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(2) any act or proceeding of the district, including |
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an election, not excepted by this section and taken not more than |
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three years before the effective date of this Act, effective as of |
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the date on which the act or proceeding occurred. |
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(b) This section does not apply to: |
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(1) an act, proceeding, director, other official, |
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bond, or other obligation the validity of which or of whom is the |
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subject of litigation that is pending on the effective date of this |
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Act; or |
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(2) an act or proceeding that, under a statute of this |
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state or the United States, was a misdemeanor or felony at the time |
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the act or proceeding occurred. |
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SECTION 6. 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, 2021. |