81R29596 SGA-F

By: Watson S.B. No. 2579

A BILL TO BE ENTITLED

AN ACT

relating to the board of directors of the Lakeway Municipal Utility District.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. DEFINITIONS. In this Act:

(1) "Additional voting area" means the territory described by Section 4 of this Act.

(2) "Board" means the board of directors of the district.

(3) "District" means the Lakeway Municipal Utility District.

SECTION 2. BOARD OF DIRECTORS. (a) The district is governed by a board of seven directors elected in accordance with Chapters 49 and 54, Water Code.

(b) Except as provided by Section 5 of this Act, directors serve staggered terms of four years.

SECTION 3. EFFECT OF ADDITIONAL VOTING AREA ON VOTING RIGHTS, ELIGIBILITY FOR OFFICE, AND TAXING AUTHORITY. (a) The qualified voters residing in the additional voting area are entitled to vote only in district elections for the election of directors. The voters in the additional voting area may not vote on any district bond or tax propositions.

(b) The board by rule shall establish procedures to timely notify qualified voters residing in the additional voting area of the locations of polling places for each election of district directors.

(c) Notwithstanding Section 54.102, Water Code, a resident of the additional voting area is eligible to be a candidate for or to be elected to the board.

(d) The district may not impose a tax on any property in or any resident of the additional voting area.

SECTION 4. ADDITIONAL VOTING AREA. The additional voting area is that territory in certain subdivisions, the plats of which are recorded in the plat records of Travis County, Texas, as follows: Lakeway Section One, recorded in Volume 17, Page 65; Lakeway Section Two, recorded in Volume 17, Page 74; Lakeway Section Three, recorded in Volume 22, Page 20; Lakeway Section Four, recorded in Volume 25, Page 29; Lakeway Section Four-B, recorded in Volume 35, Page 12; Lakeway Section Five, recorded in Volume 30, Page 12; Lakeway Section Six, recorded in Volume 31, Page 30; Lakeway Section Seven, recorded in Volume 32, Page 42; Resubdivision of Lot 434-A, Lakeway Section 7-A, recorded in Volume 71, Page 26; Lakeway Section Eight, recorded in Volume 34, Page 28; Lakeway Section Nine, recorded in Volume 40, Page 2; Resubdivision of Lakeway Section Nine & Thirteen, recorded in Volume 62, Page 16; Lakeway Section Ten, recorded in Volume 44, Page 10; Lakeway Section Eleven, recorded in Volume 41, Page 41; Lakeway Section Twelve, recorded in Volume 46, Page 1; Lakeway Section Thirteen, recorded in Volume 46, Page 16; Lakeway Section Fourteen, recorded in Volume 44, Page 8; Lakeway Section 15, recorded in Volume 77, Page 149; Lakeway Section Sixteen, recorded in Volume 49, Page 39; Lakeway Section 16-A, recorded in Volume 59, Page 19; Lakeway Section Sixteen-B, recorded in Volume 59, Page 65; Lakeway Section 16-C, recorded in Volume 59, Page 18; Lakeway Section 16-D, recorded in Volume 60, Page 57; Lakeway Section Seventeen, recorded in Volume 50, Page 74; Lakeway Section 17-A, recorded in Volume 54, Page 67; Amendment Plat of Lots 443-A, 444-A & 445-A, Lakeway Section Four-A and Lot 446, Lakeway Section Four, recorded at Volume 91, Page 49; Lakeway Section 4-C, recorded at Volume 38, Page 24; Confirming Plat of Lot 1, Lakeway Section 4-D (310 Seashell), recorded at Volume 98, Page 160; Lakeway Section 4-E, recorded at Volume 82, Page 355; Lakeway Section 16-G, recorded at Volume 88, Page 320; Moore's Treetops a Resubdivision of a Portion of Lakeway Section 4, recorded at Volume 79, Page 320-321; Derby Addition Resubdivision of Lots 270, 271 & 272 Lakeway Section 2, recorded at Volume 82, Page 50.

SECTION 5. ELECTION OF DIRECTORS IN 2010. (a) Not earlier than the 15th day or later than the sixth day before the date of the first district election held in which the residents of the additional voting area are entitled to vote, the district shall publish notice in the form of a quarter-page advertisement in the newspaper of general circulation in the district notifying the residents that they are eligible to vote in the election and state the location of all polling places for the residents.

(b) On the uniform election date in May of 2010, four directors shall be elected to the board. The directors elected to the two additional positions on the board created by this Act shall draw lots to determine which director serves a two-year term and which director serves a four-year term.

SECTION 6. NOTICE. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time.

(d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTION 7. EFFECTIVE DATE. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.