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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Tablerock Groundwater Conservation |
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District; providing authority to impose a 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 H, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8823 to read as follows: |
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CHAPTER 8823. TABLEROCK GROUNDWATER |
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CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8823.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Tablerock Groundwater |
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Conservation District. |
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Sec. 8823.002. NATURE OF DISTRICT. The district is a |
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groundwater conservation district in Coryell County created under |
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and essential to accomplish the purposes of Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 8823.003. CONFIRMATION ELECTION REQUIRED. (a) If the |
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creation of the district is not confirmed at a confirmation |
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election held before September 1, 2012: |
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(1) the district is dissolved on September 1, 2012, |
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except that the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to Coryell County any assets that |
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remain after the payment of debts; and |
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(C) maintain the organization of the district |
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until all debts are paid and remaining assets are transferred; and |
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(2) this chapter expires September 1, 2012. |
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(b) This section expires September 1, 2012. |
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Sec. 8823.004. INITIAL DISTRICT TERRITORY. The initial |
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boundaries of the district are coextensive with the boundaries of |
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Coryell County, Texas. |
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Sec. 8823.005. CONSTRUCTION OF CHAPTER. This chapter shall |
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be liberally construed to achieve the legislative intent and |
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purposes of Chapter 36, Water Code. A power granted by Chapter 36, |
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Water Code, or this chapter shall be broadly interpreted to achieve |
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that intent and those purposes. |
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Sec. 8823.006. APPLICABILITY OF OTHER GROUNDWATER |
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CONSERVATION DISTRICT LAW. Except as otherwise provided by this |
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chapter, Chapter 36, Water Code, applies to the district. |
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[Sections 8823.007-8823.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8823.021. APPOINTMENT OF TEMPORARY DIRECTORS. |
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(a) Not later than the 45th day after the effective date of this |
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chapter, five temporary directors shall be appointed as follows: |
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(1) the Coryell County Commissioners Court shall |
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appoint one temporary director from each of the four commissioners |
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precincts in the county to represent the precincts in which the |
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temporary directors reside; and |
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(2) the county judge of Coryell County shall appoint |
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one temporary director who resides in the district to represent the |
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district at large. |
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(b) If there is a vacancy on the temporary board, the |
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authority who appointed the temporary director whose position is |
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vacant shall appoint a person to fill the vacancy. |
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(c) Temporary directors serve until the earlier of: |
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(1) the time the temporary directors become initial |
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directors as provided by Section 8823.024; or |
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(2) the date this chapter expires under Section |
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8823.003. |
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Sec. 8823.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after all the temporary |
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directors have qualified under Section 36.055, Water Code, a |
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majority of the temporary directors shall convene the |
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organizational meeting of the district at a location within the |
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district agreeable to a majority of the directors. If an agreement |
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on location cannot be reached, the organizational meeting shall be |
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at the Coryell County Courthouse. |
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Sec. 8823.023. CONFIRMATION ELECTION. (a) The temporary |
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directors shall hold an election to confirm the creation of the |
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district. |
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(b) Section 41.001(a), Election Code, does not apply to a |
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confirmation election held as provided by this section. |
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(c) Except as provided by this section, a confirmation |
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election must be conducted as provided by Sections 36.017(b), (c), |
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and (e)-(i), Water Code, and the Election Code. Section 36.017(d), |
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Water Code, does not apply to the confirmation election. |
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(d) The ballot for the election must be printed in |
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accordance with the Election Code and provide for voting for or |
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against the proposition: "The creation of the Tablerock |
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Groundwater Conservation District and the imposition of a |
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maintenance tax at a rate not to exceed two cents on each $100 of |
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assessed valuation of taxable property in the district." |
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(e) If a majority of the votes cast at the election are not |
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in favor of the creation of the district, the temporary directors |
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may hold a subsequent confirmation election. The subsequent |
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election may not be held before the first anniversary of the date on |
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which the previous election was held. |
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(f) The district may not impose a maintenance tax unless a |
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majority of the votes cast at the election are in favor of the |
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imposition of the maintenance tax. |
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Sec. 8823.024. INITIAL DIRECTORS. (a) If creation of the |
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district is confirmed at an election held under Section 8823.023, |
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the temporary directors become the initial directors and serve for |
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the terms provided by Subsection (b). |
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(b) The initial directors representing commissioners |
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precincts 2 and 4 serve a term expiring on December 31 following the |
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expiration of two years after the date of the confirmation |
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election, and the initial directors representing commissioners |
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precincts 1 and 3 and the at-large director serve a term expiring on |
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December 31 following the expiration of four years after the date of |
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the confirmation election. |
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Sec. 8823.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2012. |
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[Sections 8823.026-8823.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8823.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Directors serve staggered four-year terms, with two or |
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three directors' terms expiring December 31 of each even-numbered |
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year. |
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Sec. 8823.052. APPOINTMENT OF DIRECTORS. (a) The Coryell |
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County Commissioners Court shall appoint one director from each of |
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the four commissioners precincts and one director to represent the |
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district at large. |
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(b) Except as provided by Subsection (c), to be eligible to |
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serve as director at large, a person must be a registered voter in |
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the district and be nominated by the county judge. To serve as |
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director from a county commissioners precinct, a person must be a |
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registered voter of that precinct and be nominated by the county |
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commissioner from that precinct. |
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(c) When the boundaries of the county commissioners |
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precincts are redrawn after each federal decennial census to |
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reflect population changes, a director in office on the effective |
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date of the change, or a director appointed before the effective |
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date of the change whose term of office begins on or after the |
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effective date of the change, shall serve in the precinct to which |
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appointed even though the change in boundaries places the person's |
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residence outside the precinct for which the person was appointed. |
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[Sections 8823.053-8823.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8823.101. PERMIT CONSIDERATION. Before granting or |
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denying a permit under Section 36.113, Water Code, the district |
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must consider whether the proposed use of water unreasonably |
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affects surrounding landowners. |
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Sec. 8823.102. PERMITS FOR CERTAIN ACTIVITIES; APPLICABLE |
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RULES. (a) The district may require a permit for any activity that |
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extracts groundwater or allows more than 25,000 gallons of |
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groundwater a day to escape. |
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(b) If a permit is required under Subsection (a), the permit |
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holder is subject to rules adopted by the district to: |
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(1) conserve, preserve, protect, and recharge the |
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groundwater or a groundwater reservoir or its subdivisions to |
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control subsidence, prevent degradation of groundwater quality, |
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and prevent waste of groundwater; and |
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(2) carry out any other power or duty under Chapter 36, |
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Water Code. |
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(c) To the extent of a conflict, this section controls over |
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Section 36.117(b), Water Code. |
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Sec. 8823.103. IMPACT OF TRANSFER. (a) If the district |
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finds that a transfer of groundwater out of the district negatively |
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impacts any of the factors described by Section 36.122(f), Water |
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Code, the district may impose additional requirements or |
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limitations on the permit that are designed to minimize those |
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impacts. |
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(b) Sections 36.122(c), (e), (i), and (j), Water Code, do |
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not apply to a requirement or limitation imposed under this |
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section. |
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Sec. 8823.104. ADOPTION OF RULES AND ISSUANCE OF PERMITS. |
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Before the district adopts a management plan, the district may |
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adopt rules and issue permits. |
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Sec. 8823.105. CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES. |
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(a) The district and another governmental entity, including a |
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river authority located in the district, may contract for the |
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performance by that entity of a district function. |
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(b) The district may accept a loan from Coryell County to |
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pay for any initial costs of the district, including costs related |
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to a confirmation election. |
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Sec. 8823.106. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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[Sections 8823.107-8823.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8823.151. REVENUE. To pay the maintenance and |
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operating costs of the district and to pay any bonds or notes issued |
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by the district, the district may: |
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(1) impose an ad valorem tax at a rate that: |
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(A) is approved by a majority of district voters |
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voting at an election held for that purpose; and |
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(B) does not exceed two cents on each $100 of |
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assessed valuation of taxable property in the district; |
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(2) assess fees for services or for water withdrawn |
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from nonexempt wells; or |
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(3) solicit and accept grants from any private or |
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public source. |
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[Sections 8823.152-8823.200 reserved for expansion] |
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SUBCHAPTER E. DISSOLUTION |
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Sec. 8823.201. ELECTION FOR DISSOLUTION. (a) If the |
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district has no outstanding bond or other long-term indebtedness, |
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the district may be dissolved by a favorable vote of a majority of |
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the registered voters of the district at an election held for that |
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purpose. |
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(b) The board shall hold a dissolution election if the board |
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receives a petition for dissolution signed by at least 50 percent of |
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the registered voters in the district as computed by using the list |
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of registered voters for Coryell County. |
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(c) If the district is dissolved under this section, the |
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board shall: |
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(1) notify the Texas Commission on Environmental |
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Quality and the secretary of state of the dissolution; and |
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(2) transfer title to any assets of the district to |
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Coryell County. |
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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 has submitted the notice and Act to the |
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Texas Commission on 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, |
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lieutenant governor, and speaker of the house of representatives |
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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 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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* * * * * |