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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 certain public improvement |
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districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Section 372.1011, Local Government Code, is |
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amended to read as follows: |
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Sec. 372.1011. APPLICABILITY. This subchapter applies only |
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to: |
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(1) a county with a population of 1.2 million |
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[825,000] or more, other than a county that: |
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(A) borders on the Gulf of Mexico or a bay or |
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inlet of the gulf; or |
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(B) has two municipalities located wholly or |
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partly in its boundaries each having a population of 300,000 or |
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more; or |
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(2) a county with a population of 70,000 or more that |
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is adjacent to a county described by Subdivision (1) in which a |
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municipality with a population of 35,000 or more is primarily |
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situated and includes all or a part of the extraterritorial |
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jurisdiction of a municipality with a population of 1.1 million or |
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more. |
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(b) This section takes effect only if the Act of the 81st |
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Legislature, Regular Session, 2009, relating to nonsubstantive |
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additions to and corrections in enacted codes does not become law. |
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If the Act of the 81st Legislature, Regular Session, 2009, relating |
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to nonsubstantive additions to and corrections in enacted codes |
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becomes law, this section has no effect. |
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SECTION 2. Subchapter C, Chapter 372, Local Government |
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Code, is amended by adding Section 372.1245 to read as follows: |
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Sec. 372.1245. ANNEXATION OR EXCLUSION OF LAND. (a) A |
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district may annex or exclude land from the district as provided by |
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Subchapter J, Chapter 49, Water Code. |
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(b) Before a district may adopt an order adding or excluding |
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land, the district must obtain the consent of: |
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(1) the county that created the district by a |
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resolution of the county commissioners court; and |
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(2) if Section 372.113(c) applies to the district, a |
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municipality in which the district is located by a resolution |
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adopted by the municipality's governing body. |
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SECTION 3. Subsection (c), Section 372.127, Local |
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Government Code, is amended to read as follows: |
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(c) A county must adopt an order providing whether a |
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district has the authority to impose a hotel occupancy tax, sales |
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and use tax, or ad valorem tax, and must provide the maximum rate at |
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which the district may impose the tax. [A tax rate approved by the
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commissioners court and pledged to secure bonds, notes, grant
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agreements, or development agreements may not be reduced until the
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obligations of those instruments have been satisfied.] |
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SECTION 4. (a) Section 382.002, Local Government Code, is |
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amended to read as follows: |
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Sec. 382.002. APPLICABILITY. This chapter applies only |
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to: |
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(1) a county with a population of 1.2 million |
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[825,000] or more, other than a county that: |
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(A) borders on the Gulf of Mexico or a bay or |
|
inlet of the gulf; or |
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(B) has two municipalities located wholly or |
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partly in its boundaries each having a population of 300,000 or |
|
more; or |
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(2) a county with a population of 70,000 or more that |
|
is adjacent to a county described by Subdivision (1) in which a |
|
municipality with a population of 35,000 or more is primarily |
|
situated and includes all or a part of the extraterritorial |
|
jurisdiction of a municipality with a population of 1.1 million or |
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more. |
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(b) This section takes effect only if the Act of the 81st |
|
Legislature, Regular Session, 2009, relating to nonsubstantive |
|
additions to and corrections in enacted codes becomes law. If the |
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Act of the 81st Legislature, Regular Session, 2009, relating to |
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nonsubstantive additions to and corrections in enacted codes does |
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not become law, this section has no effect. |
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SECTION 5. Subchapter C, Chapter 382, Local Government |
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Code, is amended by adding Section 382.113 to read as follows: |
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Sec. 382.113. ANNEXATION OR EXCLUSION OF LAND. (a) A |
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district may annex or exclude land from the district as provided by |
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Subchapter J, Chapter 49, Water Code. |
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(b) Before a district may adopt an order adding or excluding |
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land, the district must obtain the consent of: |
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(1) the county that created the district by a |
|
resolution of the county commissioners court; and |
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(2) if Section 382.101(c) applies to the district, a |
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municipality in which the district is located by a resolution |
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adopted by the municipality's governing body. |
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SECTION 6. Subsection (c), Section 382.153, Local |
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Government Code, is amended to read as follows: |
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(c) A county must adopt an order providing whether a |
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district has the authority to impose a hotel occupancy tax, sales |
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and use tax, or ad valorem tax, and must provide the maximum rate at |
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which the district may impose the tax. [A tax rate approved by the
|
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commissioners court and pledged to secure bonds, notes, grant
|
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agreements, or development agreements may not be reduced until the
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obligations of those instruments have been satisfied.] |
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SECTION 7. (a) The legislature validates and confirms all |
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governmental acts and proceedings before the effective date of this |
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Act of a district created under Subchapter C, Chapter 372, Local |
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Government Code, as that chapter existed before the effective date |
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of this Act, including acts of the district's board of directors. |
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(b) Subsection (a) of this section does not apply to a |
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matter that on the 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 8. (a) Sections 2 and 3 of this Act take effect |
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only if the Act of the 81st Legislature, Regular Session, 2009, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes does not become law. If the Act of the 81st Legislature, |
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Regular Session, 2009, relating to nonsubstantive additions to and |
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corrections in enacted codes becomes law, Sections 2 and 3 of this |
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Act have no effect. |
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(b) Sections 5 and 6 of this Act take effect only if the Act |
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of the 81st Legislature, Regular Session, 2009, relating to |
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nonsubstantive additions to and corrections in enacted codes |
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becomes law. If the Act of the 81st Legislature, Regular Session, |
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2009, relating to nonsubstantive additions to and corrections in |
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enacted codes does not become law, Sections 5 and 6 of this Act have |
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no effect. |
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SECTION 9. 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. |