By: Ellis S.B. No. 1719
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 requiring an election to authorize the levy of an operations and
1-2 maintenance tax by certain large conservation and reclamation
1-3 districts and authorizing withdrawal from certain districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 49, Water Code is amended to add Sec.
1-6 49.109 to read as follows:
1-7 Sec. 49.109. OPERATION AND MAINTENANCE TAX ELECTION. (a) A
1-8 district with an area of 10,000 acres or more that provides
1-9 household water and sewer service shall not levy an operation and
1-10 maintenance tax after July 1, 1997 unless it shall hold an election
1-11 to authorize the levy of an operations and maintenance tax after
1-12 that date.
1-13 Prior to the election to authorize the levy of an operation
1-14 and maintenance tax, the board shall divide the district into
1-15 election units. The election units shall consist of the following
1-16 voting areas: (1) the territorial area of each municipality
1-17 having territory included in the district and its extraterritorial
1-18 jurisdiction; and (2) the unincorporated territory not included in
1-19 the extraterritorial jurisdiction of any municipality.
1-20 The operation and maintenance tax election shall be conducted
1-21 so that votes are separately tabulated and canvassed and the result
2-1 is declared in each unit of election in the district as follows:
2-2 (1) the area of each municipality having territory
2-3 included in the district and its extraterritorial jurisdiction; and
2-4 (2) the area of unincorporated territory not included
2-5 in the extraterritorial jurisdiction of any municipality.
2-6 A municipality shall provide the district with a certified
2-7 copy of a map showing the municipality's extraterritorial and
2-8 territorial area within the district. Each commissioners court
2-9 shall provide the district with a map of the unincorporated
2-10 territory within the district not located in the extraterritorial
2-11 jurisdiction of a municipality.
2-12 The board shall declare the results of the election
2-13 separately by each election unit. In each election unit in which a
2-14 majority of the votes received favor the levy of an operations and
2-15 maintenance tax, the district is authorized to levy an operations
2-16 and maintenance tax. In each election unit in which a majority of
2-17 the votes received do not favor the levy of an operations and
2-18 maintenance tax, the district shall not be authorized to levy an
2-19 operations and maintenance tax.
2-20 An election to authorize an operation and maintenance tax
2-21 shall not be called more frequently than every twelve months.
2-22 SECTION 2. Chapter 49, Water Code is amended to add Sec.
2-23 49.110 to read as follows:
2-24 Sec. 49.110. WITHDRAWAL FROM DISTRICT. (a) This section
2-25 applies to a district with an area of 10,000 acres or more that
3-1 provides household water and sewer services. The district shall be
3-2 deemed to consist of the following election units:
3-3 (1) the territorial and extraterritorial area of each
3-4 municipality within the district; and
3-5 (2) the unincorporated area of a county not within the
3-6 extraterritorial jurisdiction of a city.
3-7 The governing body of an election unit may order an election
3-8 to withdraw the unit from the district. The governing body of an
3-9 area of unincorporated territory not within the extraterritorial
3-10 jurisdiction of a municipality is the commissioners court of the
3-11 county in which such area is located. The governing body of an
3-12 election unit that receives a valid petition under this section
3-13 shall order an election on the proposition of the withdrawal of the
3-14 election unit from the district.
3-15 (b) In addition to the requirements of Section 277.002,
3-16 Election Code to be valid a petition must:
3-17 (1) be signed by a number of qualified voters of the
3-18 election unit equal to five percent of the number of qualified
3-19 voters or 1,000, whichever number is the smaller;
3-20 (2) be signed in ink or indelible pencil by the
3-21 voters; and
3-22 (3) have affixed or printed on each of the petition
3-23 sheets an affidavit that is executed before a notary public by the
3-24 person who circulated the sheets and that is in the following form
3-25 and substance.
4-1 "I, __________________, affirm that I personally
4-2 witnessed each signer affix his or her signature to this page of
4-3 this petition for the dissolution of (name of district) in the
4-4 (election unit). I affirm to the best of my knowledge and belief
4-5 that each signature is the genuine signature of the person whose
4-6 name is signed and that the date entered next to each signature is
4-7 the date the signature was affixed to this page.
4-8 Each petition sheet should be filed at the election unit at the
4-9 same time in a single filing.
4-10 (c) The clerk of the governing body of the election unit
4-11 shall examine the petition and file within sixty (60) days of the
4-12 date on which the petition is received and file with such body a
4-13 report stating whether the petition meets the requirements of this
4-14 Section. The governing body, upon the receipt of the report, shall
4-15 within twenty (20) days determine if the petition is valid. The
4-16 governing body shall order the election on the next uniform
4-17 election date that is more than sixty (60) days following the date
4-18 the governing body determines a petition to be valid.
4-19 (d) The governing body shall give notice of the election to
4-20 the board of the district and the commission. At the election the
4-21 ballot shall be printed to provide for voting for or against the
4-22 proposition.
4-23 "Shall the (name of election unit) (including its
4-24 extraterritorial jurisdiction, if applicable) continue to be
4-25 included in (name of district)."
5-1 If a majority of the votes received in an election favor the
5-2 proposition, the district continues in the unit of election.
5-3 If less than a majority of the votes received on the measure
5-4 in the election favor the proposition, the district ceases to be
5-5 included in the election unit on the day after the date of the
5-6 canvass of the election. Title to all district real estate in the
5-7 election unit, including improvements made by the district, vests
5-8 in the election unit, if the election unit claims the real estate
5-9 and improvements within thirty (30) days after the effective date
5-10 of the election.
5-11 (e) If the real estate and improvements are within thirty
5-12 (30) days after the effective date of the election determined by
5-13 the district to be necessary for the continuation of household
5-14 water and sewer service to the remaining election units, the
5-15 district may retain use of the real estate and improvements for not
5-16 longer than fifteen (15) years. If the district retains the use,
5-17 the district is responsible for all operations and maintenance
5-18 costs of the facility.
5-19 (f) Until the total amount of ad valorem taxes from a
5-20 district's levy of taxes collected from property located in an
5-21 election unit after the effective date of withdrawal equals the
5-22 outstanding financial obligations of the election unit, an ad
5-23 valorem tax shall continue to be collected by the district. The
5-24 district shall have no authority to levy taxes in the withdrawn
5-25 election unit other than in the amount necessary to pay, each year,
6-1 the election unit's apportioned share of the district's obligations
6-2 on the date of withdrawal.
6-3 (g) The total financial obligations of the withdrawn
6-4 election unit to the district is an amount equal to:
6-5 (1) The election unit's apportioned share of the
6-6 district's outstanding obligations; and
6-7 (2) Any special obligations of the district that
6-8 relate specifically to the election unit.
6-9 (h) The district's outstanding obligations is the sum of:
6-10 (1) The obligations of the district as of the date of
6-11 the election as expressed in the budget of or in written contracts
6-12 of the district;
6-13 (2) The payments due or to become due in a subsequent
6-14 year or other similar obligations incurred in connection with the
6-15 issuance of notes, bonds or other obligations for debt issued by
6-16 the authority; and
6-17 (3) The amount necessary for the full and timely
6-18 payment of the obligations of the district to avoid a default or
6-19 impairment of those obligations.
6-20 (i) The apportioned share of the election unit's obligations
6-21 or assets is the amount of the total obligations of the district
6-22 times a fraction, the numerator of which is the total value of
6-23 taxable property in the election unit and the denominator of which
6-24 is the total value of taxable property in the district. The value
6-25 of taxable property shall be determined from the most recent
7-1 certified tax roll from the central appraisal district for the
7-2 territory in which the taxable property is located for the tax year
7-3 in which the election unit withdraws from the district under this
7-4 section.
7-5 In addition to the apportioned share of the total district
7-6 obligations, the withdrawn election unit shall be obligated to pay
7-7 the district the actual cost incurred for any capital improvements
7-8 transferred to the election unit pursuant to subparagraph (d) of
7-9 this section less the election unit's share of the total amount of
7-10 the unencumbered assets of the district including cash deposits,
7-11 certificates of deposit and other negotiable securities. The
7-12 election unit's share of the district assets shall be determined in
7-13 accordance with the formula in subparagraph (i) above.
7-14 SECTION 3. The importance of this legislation and the
7-15 crowded condition of the calendars in both houses create an
7-16 emergency and an imperative public necessity that the
7-17 constitutional rule requiring bills to be read on three several
7-18 days in each house be suspended, and this rule is hereby suspended.