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A BILL TO BE ENTITLED
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AN ACT
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relating to the name, powers, and duties of the Northampton |
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Municipal Utility District; providing authority to impose a tax and |
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issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 608, Acts of the 60th Legislature, |
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Regular Session, 1967, is amended by amending Section 1 and adding |
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Sections 11A and 12A to read as follows: |
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Sec. 1. Under and pursuant to the provisions of Article 16, |
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Section 59 of the Constitution of Texas, a conservation and |
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reclamation district is hereby created and established in Harris |
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County, Texas, to be known as "Northampton ["Norchester] Municipal |
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Utility District," hereinafter called the "district," which shall |
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be a governmental agency and a body politic and corporate. The |
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creation and establishment of the district is hereby declared to be |
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essential to the accomplishment of the purposes of Article 16, |
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Section 59, Constitution of Texas. |
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Sec. 11A. (a) Notwithstanding the limitation on |
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authorization based on acreage under Section 54.801(a), Water Code, |
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the district may establish and administer defined areas as provided |
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by Subchapter J, Chapter 54, Water Code. |
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(b) Under Section 52, Article III, Texas Constitution, the |
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district may construct, acquire, improve, maintain, or operate |
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macadamized, graveled, or paved roads, or improvements, including |
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storm drainage, in aid of those roads, in a defined area established |
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under this section. |
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(c) The district may issue bonds or other obligations as |
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provided by Chapters 49 and 54, Water Code, to finance the |
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construction, acquisition, improvement, maintenance, or operation |
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of projects under Subsection (b) of this section. |
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(d) The district may impose an ad valorem tax on real |
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property in a defined area to pay the principal of or interest on |
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bonds issued under Subsection (c) of this section to finance |
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projects benefiting the defined area. |
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(e) The district may not issue bonds or other obligations |
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secured wholly or partly by ad valorem taxes to finance a project |
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authorized by Subsection (b) of this section unless the issuance is |
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approved by a vote of a two-thirds majority of the voters of the |
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defined area to be benefited by the project as provided by |
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Subchapter J, Chapter 54, Water Code, voting at an election called |
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for that purpose. The simple majority vote approval required by |
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Section 54.808(a), Water Code, does not apply to an election under |
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this subsection. |
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(f) At the time of issuance, the total principal amount of |
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bonds or other obligations issued or incurred to finance projects |
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authorized by Subsection (b) of this section benefiting a defined |
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area may not exceed one-fourth of the assessed value of the real |
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property in the defined area. |
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Sec. 12A. The district may not exercise the power of eminent |
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domain outside the district to acquire a site or easement for a road |
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project authorized by Section 11A(b) of this Act. |
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SECTION 2. (a) The act or proceeding relating to the |
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change of name of the Norchester Municipal Utility District to the |
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Northampton Municipal Utility District is validated and confirmed |
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in all respects. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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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. |
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* * * * * |