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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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BettencourtX |
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SpringerX |
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EckhardtX |
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GutierrezX |
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HallX |
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NicholsX |
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ParkerX |
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PaxtonX |
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WestX |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the Waller County Municipal |
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Utility District No. 2. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8236.103, Special District Local Laws |
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Code, is amended by adding Subsection (a-1) to read as follows: |
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(a-1) The district may design, acquire, construct, finance, |
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issue bonds for, improve, operate, maintain, and convey to this |
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state, a county, or a municipality for operation and maintenance |
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macadamized, graveled, or paved roads or improvements, including |
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storm drainage, in aid of those roads. |
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SECTION 2. Subchapter C, Chapter 8236, Special District |
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Local Laws Code, is amended by adding Section 8236.105 to read as |
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follows: |
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Sec. 8236.105. DIVISION OF DISTRICT. (a) The board, on its |
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own motion or on receipt of a petition signed by the owner or owners |
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of a majority of the assessed value of the real property in the |
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district, may adopt an order dividing the district. |
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(b) An order dividing the district may create one or more |
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new districts and may provide for the continuation of the district. |
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(c) An order dividing the district shall: |
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(1) name any new district; |
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(2) include the metes and bounds description of the |
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territory of each of the districts; |
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(3) appoint temporary directors for any new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between the districts. |
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(d) The board may adopt an order dividing the district |
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before or after the date the board holds an election to confirm the |
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district's creation. |
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(e) The district may be divided only if the district: |
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(1) has never issued any bonds; and |
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(2) is not imposing ad valorem taxes. |
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(f) A new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(i) A new district created by the division of the district |
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shall hold a confirmation and directors' election. |
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(j) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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Texas Commission on Environmental Quality. |
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(k) A new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(l) The district may continue to rely on confirmation, |
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directors', bond, and tax elections held before the division. |
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(m) Municipal consent to the creation of the district and to |
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the inclusion of land in the district acts as municipal consent to |
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the creation of any new district created by the division of the |
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district and to the inclusion of land in the new district. |
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SECTION 3. Sections 8236.103(b), (c), and (e), Special |
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District Local Laws Code, are repealed. |
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SECTION 4. The Waller County Municipal Utility District No. |
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2 retains all the rights, powers, privileges, authority, duties, |
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and functions that it had before the effective date of this Act. |
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SECTION 5. (a) The legislature validates and confirms all |
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governmental acts and proceedings of the Waller County Municipal |
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Utility District No. 2 that were taken before the effective date of |
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this Act. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 6. (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, the |
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lieutenant governor, and the speaker of the house of |
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representatives 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 are fulfilled |
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and accomplished. |
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SECTION 7. 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, 2023. |
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* * * * * |