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A BILL TO BE ENTITLED
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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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(a) Any district[, which has the power to levy taxes,] or |
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any petitioner seeking the creation of a district may petition the |
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commission to acquire the 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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acquire, construct and finance a road that meets the criteria or |
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requirements for a thoroughfare, arterial, or collector road of the |
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county in which the road is located or the municipality in whose |
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corporate limits or extraterritorial jurisdiction the road is |
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located or improvements in aid of such road. As soon as practicable |
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after such petition has been filed with the commission, the |
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commission shall issue an order either approving or denying such |
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petition. 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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(b) A district with road powers shall submit for approval |
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the plans and specifications of road projects to the municipality |
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or county that will operate and maintain the road. If a road project |
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is to be operated and maintained by the state, then a district shall |
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submit for approval the plans and specifications of road projects |
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to the Texas Transportation Commission. No further approvals of the |
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Texas Transportation Commission are required for the district to |
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acquire, construct, convey, or finance road projects. |
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SECTION 2. A district that acquired road powers pursuant to |
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Section 54.234, Water Code, prior to the effective date of this Act |
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shall not be subject to the requirements of Chapter 441, |
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Transportation Code, or rules promulgated thereunder. Any bond |
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election conducted pursuant to powers acquired pursuant to Section |
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54.234, Water Code, prior to the amendments made by this Act is |
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validated. |
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SECTION 3. 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. |