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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 Montgomery County |
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Municipal Utility District No. 112; providing authority to impose a |
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tax and issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8261 to read as follows: |
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CHAPTER 8261. MONTGOMERY COUNTY MUNICIPAL UTILITY |
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DISTRICT NO. 112 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8261.001. DEFINITION. In this chapter, "district" |
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means the Montgomery County Municipal Utility District No. 112. |
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Sec. 8261.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under and essential to |
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accomplish the purposes of Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 8261.003. APPLICABILITY OF OTHER LAW. Except as |
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otherwise provided by this chapter, the following laws apply to the |
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district: |
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(1) Chapters 49 and 54, Water Code, including |
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Subchapter J, Chapter 54, Water Code, notwithstanding the |
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limitation on authorization based on acreage under Section 54.801 |
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of that code; and |
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(2) Section 52(b)(3), Article III, Texas |
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Constitution. |
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[Sections 8261.004-8261.050 reserved for expansion] |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 8261.051. ROAD PROJECTS. (a) The district may |
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construct, acquire, improve, maintain, or operate macadamized, |
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graveled, or paved roads, or improvements in aid of those roads, |
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inside the district. |
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(b) A road project must meet all applicable construction |
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standards and regulatory ordinances of each municipality or county |
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in whose jurisdiction the district is located. |
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Sec. 8261.052. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution adopted by the |
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governing body of a municipality that consents to the creation of |
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the district or to the inclusion of land in the district. |
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[Sections 8261.053-8261.100 reserved for expansion] |
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SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS |
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Sec. 8261.101. TAX TO REPAY BONDS FOR ROAD PROJECTS. The |
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district may impose a tax to pay the principal of or interest on |
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bonds issued under Section 8261.151. |
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[Sections 8261.102-8261.150 reserved for expansion] |
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SUBCHAPTER D. BONDS |
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Sec. 8261.151. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other obligations |
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as provided by Chapters 49 and 51, Water Code, to finance the |
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construction, maintenance, or operation of a project under Section |
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8261.051. |
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(b) The district may not issue bonds or other obligations to |
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finance projects authorized by Section 8261.051 unless the issuance |
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is approved by a vote of a two-thirds majority of the district |
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voters, or a two-thirds majority of voters in a defined area that |
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will benefit from the project, as provided by Subchapter J, Chapter |
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54, Water Code, voting at an election called for that purpose. The |
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simple majority vote approval required by Section 54.808(a), Water |
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Code, does not apply to an election under this section. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8261.051 may not exceed one-fourth |
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of the assessed value of the real property in the district or the |
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defined area, if applicable. |
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SECTION 2. (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 3. This Act takes effect September 1, 2007. |