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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 Denton County Levee |
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Improvement District No. 1 of Denton and Dallas Counties, Texas; |
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providing authority to issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Chapter 473, Acts of the 69th |
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Legislature, Regular Session, 1985, is amended to read as follows: |
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Sec. 1. In this Act: |
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(1) "District" [, "district"] means the Denton County |
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Levee Improvement District No. 1 of Denton and Dallas Counties, |
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Texas. |
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(2) "Board" means the district's board of directors. |
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SECTION 2. Section 3, Chapter 473, Acts of the 69th |
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Legislature, Regular Session, 1985, is amended to read as follows: |
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Sec. 3. (a) The district is a levee improvement district |
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created under and essential to accomplish the purposes of Section |
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59, Article XVI, Texas Constitution. |
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(b) The district is a political subdivision of the State of |
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Texas and a body corporate and politic. |
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SECTION 3. Section 6, Chapter 473, Acts of the 69th |
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Legislature, Regular Session, 1985, is amended to read as follows: |
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Sec. 6. Chapters 49 and [The provisions of Chapter] 57, |
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Water Code, [as amended, shall] apply to the district except to the |
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extent this Act constitutes a modification of the provisions of the |
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general law. |
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SECTION 4. Chapter 473, Acts of the 69th Legislature, |
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Regular Session, 1985, is amended by adding Sections 6A through 6F |
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to read as follows: |
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Sec. 6A. (a) The board may undertake an improvement project |
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or service that confers a special benefit on all or a definable part |
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of the district. |
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(b) The board may impose and collect special assessments on |
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property in the district, based on the benefit conferred by the |
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project or service under this section, to pay all or part of the |
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cost of the project or service. |
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(c) As needed for the restoration, preservation, or |
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enhancement of the scenic and aesthetic beauty of an area in the |
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district, the district may provide an improvement project or |
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service under this section that may include the acquisition, |
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construction, or financing of: |
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(1) a drainage facility; |
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(2) a hike and bike trail; |
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(3) a pedestrian way along or across a street, at grade |
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or above or below the surface; |
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(4) landscaping; and |
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(5) other development. |
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(d) Sections 375.111 through 375.124, Local Government |
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Code, apply to the financing of an improvement project or service |
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under this section. |
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Sec. 6B. (a) The board may not finance a service or |
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improvement project with assessments under this Act unless a |
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written petition requesting that service or improvement has been |
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filed with the board. |
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(b) A petition filed under Subsection (a) of this section |
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must be signed by: |
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(1) the owners of a majority of the assessed value of |
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real property in the district subject to assessment according to |
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the most recent certified appraisal rolls for Denton and Dallas |
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Counties; or |
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(2) the owners of a majority of the surface area of |
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real property in the district subject to assessment as determined |
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by the board. |
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Sec. 6C. (a) The board by resolution may impose and collect |
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an assessment for any purpose authorized by this chapter. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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Sec. 6D. The district may not impose an impact fee or |
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assessment on single-family residential property. |
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Sec. 6E. (a) The district may issue bonds or other |
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obligations payable wholly or partly from ad valorem taxes, |
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assessments, impact fees, revenue, grants, or other district money, |
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or any combination of those sources, to pay for any authorized |
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district purpose. |
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(b) In exercising the district's power to borrow, the |
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district may issue a bond or other obligation in the form of a bond, |
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note, certificate of participation or other instrument evidencing a |
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proportionate interest in payments to be made by the district, or |
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other type of obligation. |
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(c) The district must obtain approval by the City of |
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Lewisville before issuing bonds under this section. |
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Sec. 6F. The district may not impose an impact fee or |
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assessment on the property, including the equipment, |
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rights-of-way, facilities, or improvements, of: |
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(1) an electric utility or a power generation company |
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as defined by Section 31.002, Utilities Code; |
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(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
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(3) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; or |
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(4) a person who provides to the public cable |
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television or advanced telecommunications services. |
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SECTION 5. Sections 7 and 8, Chapter 473, Acts of the 69th |
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Legislature, Regular Session, 1985, are repealed. |
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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, 2007. |
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