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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures regarding dissolution of the Ranch |
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at Cypress Creek Municipal Utility District No. 1. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 21, Acts of the 71st Legislature, 6th |
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Called Session, 1990, is amended by amending Section 2 and adding |
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Section 6A to read as follows: |
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Sec. 2. DEFINITIONS [DEFINITION]. In this Act: |
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(1) "Association" means the Ranch at Cypress Creek |
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Homeowners' Association, created and operating under the |
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Declaration of Protective Covenants for the Ranch at Cypress Creek, |
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Section 8, filed November 27, 1997, Document Number 9758822, Real |
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Property Records, Williamson County. |
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(2) "Board" means the board of directors of the Ranch |
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at Cypress Creek Municipal Utility District No. 1. |
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(3) "Declaration" means the Declaration of Protective |
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Covenants for the Ranch at Cypress Creek, Section 8, filed November |
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27, 1997, Document Number 9758822, Real Property Records, |
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Williamson County. |
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(4) "Director" means a board member. |
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(5) "District" means the Ranch at Cypress Creek |
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Municipal Utility [, "district" means the Williamson-Travis
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Counties Water Control and Improvement] District No. 1. |
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(6) "Supplemental property" means that certain |
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property as described in the Ranch at Cypress Creek, Section 1 found |
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in plat records in Cabinet L, Slides 61-63, Document Number |
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9423489, official records of Williamson County, Texas, and in plat |
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recorded in Book 93, Page 83, Document Number 2000205107, records |
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of Travis County, Texas; Section 2 found in plat records in Cabinet |
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L, Slides 65-67, Document Number 9424008, official records of |
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Williamson County, Texas; Section 3 found in plat records in |
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Cabinet L, Slides 104-106, Document Number 9433406, official |
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records of Williamson County, Texas; Section 4 found in plat |
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records in Cabinet L, Slides 107-110, Document Number 9433407, |
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official records of Williamson County, Texas; Section 5 found in |
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plat records in Cabinet N, Slides 8-9, Document Number 9623954, |
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official records of Williamson County, Texas; Section 6 found in |
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plat records in Cabinet N, Slides 10-12, Document Number 9624029, |
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official records of Williamson County, Texas; Section 7 found in |
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plat records in Cabinet O, Slides 105-107, Document Number 9706681, |
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official records of Williamson County, Texas; Section 9 found in |
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plat records in Cabinet Q, Slides 241-243, Document Number 9874690, |
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official records of Williamson County, Texas, and in plat recorded |
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in Book 102, Page 251, records of Travis County, Texas; Section 12 |
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found in plat records in Cabinet O, Slides 372-374, Document Number |
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9738603, official records of Williamson County, Texas. |
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Sec. 6A. INCLUSION OF CERTAIN PROPERTY IN ASSOCIATION ON |
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DISSOLUTION OF THE DISTRICT. (a) If the district is dissolved, |
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notwithstanding an existing restrictive covenant or real property |
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restriction to the contrary, any supplemental property not included |
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in the association immediately before the dissolution is included |
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in the association on dissolution if the addition of the |
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supplemental property to the association is approved at the |
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election or elections held under this section. |
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(b) Before the district is dissolved, the association shall |
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hold an election or set of elections under the election procedures |
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of the association at which all members of the association and all |
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property owners of the supplemental property as of the date the |
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district is dissolved may vote on the question of whether the |
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supplemental property is to be included in the association. |
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(c) The supplemental property is included in the |
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association if the property's inclusion is approved by a vote of |
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two-thirds majority of: |
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(1) all members of the association on the date the |
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election is held; and |
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(2) all property owners of the supplemental property |
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on the date the election is held. |
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(d) The board shall identify and transfer district funds |
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from the district's operating account to the association before the |
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district is dissolved in an amount adequate, as determined by the |
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board in consultation with the association, to pay the costs and |
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expenses of the election or elections required by Subsection (b). |
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(e) The association may not hold the election or set of |
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elections under this section more than once. |
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(f) If the supplemental property is included in the |
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association under this section: |
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(1) the declaration applies to and replaces the |
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restrictive covenants and real property restrictions governing the |
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supplemental property immediately before the dissolution of the |
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district, including the obligation of property owners to pay dues, |
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charges, and assessments to the association; |
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(2) the association shall include two additional |
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members of the association board to represent the owners of the |
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supplemental property; and |
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(3) the first directors included under Subdivision (2) |
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of this subsection shall be appointed by the association board, as |
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it existed immediately before the appointments, not later than the |
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30th day after the date of the election or elections under this |
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section, and subsequent directors shall be elected according to the |
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covenants and bylaws of the association. |
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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 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. |