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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 Twin Lakes Municipal Utility |
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District No. 1 of Kaufman County; providing authority to impose a |
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tax and issue bonds; granting a limited power of eminent domain. |
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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 8310 to read as follows: |
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CHAPTER 8310. TWIN LAKES MUNICIPAL UTILITY DISTRICT No. 1 OF |
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KAUFMAN COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8310.001. 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 Twin Lakes Municipal Utility |
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District No. 1 of Kaufman County. |
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Sec. 8310.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8310.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8310.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8310.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8310.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8310.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 8310.007-8310.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8310.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8310.052, directors serve |
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staggered four-year terms. |
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Sec. 8310.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Lisa Pray; |
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(2) Ruth (Rannie) Everett; |
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(3) Christopher T. Guido; |
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(4) Jonathan E. Neubauer; and |
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(5) Joy D. Crow. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8310.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8310.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8310.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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[Sections 8310.053-8310.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8310.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8310.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8310.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8310.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8310.105. 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 that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8310.106. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 8310.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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Sec. 8310.107. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8310.003 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8310.003. |
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(i) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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8310.004 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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[Sections 8310.108-8310.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8310.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8310.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8310.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8310.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8310.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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[Sections 8310.154-8310.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8310.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8310.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8310.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Twin Lakes Municipal Utility District No. 1 |
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of Kaufman County initially includes all the territory contained in |
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the following area: |
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Being a tract of land situated in the Philip Walker Survey, |
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Abstract No. 569, Kaufman County, Texas and being a portion of that |
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certain tract of land described in deed to McDowell Clan Limited |
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Company as recorded in Volume 1648, Page 39, in the Deed Records of |
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Kaufman County, Texas and being a portion of that certain tract of |
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land described in deed to Integra Land Company as recorded in |
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Article 7258, Book 2174, Page 639, in the Deed Records of Kaufman |
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County, Texas being more particularly described by metes and bounds |
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as follows: |
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BEGINNING at the South corner of said McDowell Clan Limited |
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Company tract, the northwesterly right-of-way line of F.M. 2728 |
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(100' Right Of Way) and the centerline of County Road Number 139 |
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(60' Right Of Way); |
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THENCE North 44° 42' 03" West, along the centerline of said |
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County Road 139, a distance of 5,402.72', more or less to a point |
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for corner in the east line of the extraterritorial jurisdiction |
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line of the City of Oak Ridge; |
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THENCE North 11°19'07" East, along the east line of said City |
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of Oak Ridge extraterritorial jurisdiction limits, a distance of |
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2,834.58', more or less, to a point for corner in the southeasterly |
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line of a tract described in deed to Annie Allen recorded in Volume |
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541, Page 646, in the Deed Records of Kaufman County, Texas. |
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THENCE North 45° 20' 59" East, along the southeasterly line of |
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said Annie Allen tract, a distance of 1,417.30', more or less, to a |
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point for corner, said point also being the West corner of said |
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Integra Land Company tract; |
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THENCE North 45° 20' 59" East, along Northwest line of said |
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Integra Land Company tract a distance of 3755.10' to a point for |
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corner being in the centerline of Abner Road (60' Right Of Way); |
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THENCE South 44° 41' 37" East, along the centerline of said |
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Abner Road, a distance of 287.01' to a point for corner, said point |
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also being the North corner of Lot 101, Lago Vista Estates, Phase |
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2, an addition in Kaufman County, recorded in Cabinet 2, Slide 556 |
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in the Plat Records of Kaufman County, Texas; |
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THENCE South 48°10'08" West along the north boundary line of |
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said Lot 101 a distance of 380.47 feet to a point for corner; |
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THENCE South 44° 41' 37" East along Northeast line of said |
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Integra Land Company tract a distance of 2004.30' to a point for |
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corner; |
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THENCE North 45° 18' 23" East a distance of 380.00' to a point |
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for corner, in the centerline of said Abner Road; |
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THENCE South 44° 41' 37" East, along the centerline of said |
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Abner Road, a distance of 60.00' to a point for corner; |
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THENCE South 45° 18' 23" West a distance of 380.00' to a point |
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for corner; |
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THENCE South 44° 41' 37" East, along southwest line of said |
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Lago Vista Estates, Phase One distance of 2205.95' to a point for |
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corner; |
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THENCE North 45° 18' 23" East, a distance of 80.00' to a point |
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for corner; |
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THENCE North 41° 29' 32" East, a distance of 150.33' to a point |
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for corner; |
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THENCE North 45° 18' 23" East, a distance of 150.00' to a point |
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for corner, in the centerline of the aforementioned Abner Road; |
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THENCE South 44° 41' 37" East, along the centerline of said |
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Abner Road, a distance of 80.00' to a point for corner; |
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THENCE South 45° 18' 23" West, a distance of 150.00' to a point |
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for corner; |
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THENCE South 49° 07' 14" West, a distance of 150.33' to a point |
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for corner; |
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THENCE South 45° 18' 23" West, a distance of 80.00' to a point |
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for corner; |
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THENCE South 44° 41' 37" East, a distance of 1798.38 to a point |
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for corner; |
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THENCE North 45° 18' 23" East, a distance of 380.00' to a point |
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for corner in the centerline of the aforementioned Abner Road; |
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THENCE South 44° 41' 37" East, along the centerline of said |
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Abner Road, a distance of 222.91' to a point for corner; |
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THENCE South 06° 24' 39" West, a distance of 102.99' to a point |
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for corner at the beginning of a curve to the right having a central |
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angle of 25° 01' 28", a radius of 1393.19', and a chord bearing and |
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distance of South 18° 54' 05" West, 603.66'; |
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THENCE along said curve to the right and along the centerline |
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of the aforementioned FM 2728, an arc distance of 608.48' to a point |
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for corner at the end of said curve; |
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THENCE North 66° 30' 28" West, a distance of 366.11' to a point |
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for corner; |
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THENCE South 45° 21' 30" West, a distance of 1907.40' to a |
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point for corner; |
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THENCE South 44° 38' 25" East, a distance of 380.39' to a point |
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for corner, on the northwesterly right-of-way line of said FM 2728; |
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THENCE South 45° 09' 31" West, along the northwesterly |
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right-of-way line of FM 2728 a distance of 60.00' to a point for |
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corner; |
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THENCE North 44° 38' 26" West, a distance of 380.60' to a point |
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for corner; |
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THENCE South 45° 20' 08" West, a distance of 1,029.99' to a |
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point for corner; |
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THENCE South 44° 42' 03" East, a distance of 383.85' to a point |
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for corner; |
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THENCE South 45° 09' 31" West, along northwest right of way |
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line of said F.M. 2728 a distance of 425.38' to a point for corner; |
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THENCE South 45° 30' 39" West, along the northwesterly |
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right-of-way line of FM 2728, a distance of 2113.60' to a point for |
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corner; |
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THENCE South 45° 31' 34" West, along the northwesterly |
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right-of-way line of FM 2728, a distance of 799.26' to a point for |
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corner; |
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THENCE South 45° 29' 50" West, along the northwesterly |
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right-of-way line of FM 2728, a distance of 429.60 to the POINT OF |
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BEGINNING of the herein described tract, and containing 1,084.0 |
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acres of land, more or less. |
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SECTION 3. (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 4. 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. |