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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 Bastrop County Water |
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Control and Improvement District No. 2; providing authority to |
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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. Section 11001.002(a), Special District Local |
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Laws Code, is amended to read as follows: |
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(a) Under [The district has all of the rights, powers,
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privileges, functions, responsibilities, and duties that general
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law grants a road district created under] Section 52, Article III, |
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Texas Constitution, the district may design, acquire, construct, |
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finance, issue bonds for, improve, operate, maintain, and convey to |
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this state, a county, or a municipality for operation and |
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maintenance macadamized, graveled, or paved roads or improvements, |
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including storm drainage, in aid of those roads, inside the |
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district. |
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SECTION 2. Section 11001.007, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 11001.007. MONTHLY CHARGES. (a) The board by |
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resolution may impose a monthly charge in an amount not to exceed |
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$15 [of five dollars] for each developed or undeveloped lot, tract, |
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or reserve in the district. |
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(b) Money received from the monthly charge may [must] be |
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used only for: |
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(1) constructing, maintaining, or repairing public |
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streets or roadways in the district; or |
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(2) purchasing equipment necessary to accomplish a |
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purpose described by Subdivision (1). |
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(c) Not [Of the money received under Subsection (a):
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[(1) not] more than 10 percent of the money received |
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under Subsection (a) may be used for administrative purposes[; and
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[(2)
not more than 15 percent may be used for road
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maintenance]. |
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SECTION 3. Chapter 11001, Special District Local Laws Code, |
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is amended by adding Sections 11001.014, 11001.015, and 11001.016 |
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to read as follows: |
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Sec. 11001.014. 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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acquisition, construction, improvement, maintenance, or operation |
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of a project under Section 11001.002. |
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(b) The district may not issue bonds or other obligations |
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secured wholly or partly by ad valorem taxes to finance projects |
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authorized by Section 11001.002 unless the issuance is approved by |
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a vote of a two-thirds majority of the district voters voting at an |
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election called for that purpose. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 11001.002 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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(d) Sections 49.181, 49.182, and 50.107, Water Code, do not |
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apply to a project authorized by Section 11001.002 or to bonds |
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issued to finance the project. |
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Sec. 11001.015. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of or interest on bonds or other |
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obligations issued under Section 11001.014. |
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Sec. 11001.016. ROAD CONTRACTS. The district may enter |
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into a contract for a road project in the manner provided by |
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Subchapter I, Chapter 49, Water Code. |
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SECTION 4. (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 5. 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, 2009. |