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A BILL TO BE ENTITLED
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AN ACT
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relating to the abolition of certain water control and improvement, |
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water improvement, and irrigation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 43, Local Government Code, |
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is amended by adding Section 43.0741 to read as follows: |
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Sec. 43.0741. ABOLITION OF CERTAIN WATER CONTROL AND |
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IMPROVEMENT, WATER IMPROVEMENT, AND IRRIGATION DISTRICTS THAT |
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DELIVER RAW WATER TO MUNICIPALITIES. (a) This section applies |
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only to: |
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(1) a water control and improvement, water |
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improvement, or irrigation district: |
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(A) at least 60 percent of the territory of which |
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is located in a single municipality as a result of annexation or |
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incorporation; |
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(B) that diverts raw water from the Rio Grande |
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and in a 12-month period delivers at least 80 percent of that raw |
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water to the municipality for municipal use; and |
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(C) that has no outstanding bonded indebtedness; |
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and |
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(2) a municipality that: |
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(A) receives raw water from a district described |
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by Subdivision (1); and |
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(B) is located in a county that has a population |
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of 400,000 or more, borders the United Mexican States, and has three |
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or more cities that each have a population of more than 25,000. |
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(b) A municipality may adopt an ordinance abolishing a |
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district by a vote of at least two-thirds of the membership of the |
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municipality's governing body if the governing body determines |
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that: |
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(1) at least 80 percent of the raw water diverted by |
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the district in any 12-month period was for municipal use by the |
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municipality; |
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(2) the district has no outstanding bonded |
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indebtedness; |
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(3) the services furnished and functions performed by |
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the district can be furnished and performed by the municipality; |
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and |
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(4) the abolition of the district is in the best |
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interests of the residents and property of the municipality and the |
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district. |
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(c) The voters of the municipality may protest the enactment |
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or enforcement of the ordinance by filing a petition with the |
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secretary of the municipality. The petition must be signed by a |
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number of qualified voters of the municipality that is equal to at |
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least 10 percent of the number of voters who voted in the most |
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recent election for municipal officers. The petition must be filed |
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not later than the 30th day after the later of: |
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(1) the date the municipality finally approves the |
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ordinance; or |
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(2) the date of publication of the ordinance, if the |
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ordinance is published before it is scheduled to take effect. |
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(d) The secretary shall verify the signatures on a petition |
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filed in accordance with Subsection (c) and present the verified |
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petition to the governing body of the municipality at its next |
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scheduled meeting. |
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(e) On receipt of a verified petition, the governing body of |
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the municipality shall suspend the ordinance, and the municipality |
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may not take an action under the ordinance. |
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(f) The governing body of the municipality shall reconsider |
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the suspended ordinance at its next meeting. If the governing body |
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does not repeal the ordinance, the governing body shall submit a |
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proposition for or against the ordinance to the voters at the next |
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municipal election or at a special election the governing body may |
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order for that purpose. The ordinance does not take effect unless a |
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majority of the voters voting in the election vote for the |
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ordinance. |
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(g) The ordinance takes effect on: |
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(1) the expiration of the period for filing a petition |
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under Subsection (c) if the voters of the municipality do not file a |
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petition that meets the requirements of that subsection before the |
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expiration of that period; or |
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(2) the approval of the ordinance at an election under |
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Subsection (f). |
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(h) If the ordinance takes effect: |
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(1) the district is abolished; |
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(2) the property and other assets of the district vest |
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in the municipality; |
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(3) the municipality becomes responsible for |
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operating the district's facilities for the benefit of the |
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district's existing customers and performing the services and |
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functions that were performed by the district; and |
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(4) the municipality assumes all the debts, |
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liabilities, and obligations of the district. |
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(i) A district that is abolished under this section shall |
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provide its management and operational records to the municipality |
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to ensure the orderly transfer of management and operational |
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responsibility to the municipality. |
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SECTION 2. This Act takes effect September 1, 2007. |