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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation, powers, and duties of certain water |
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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. Section 388.005, Health and Safety Code, is |
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amended by adding Subsections (g) and (h) to read as follows: |
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(g) Except as provided by Subsection (h), this section does |
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not apply to the electricity consumption of a district as defined by |
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Section 36.001 or 49.001, Water Code, that relates to the operation |
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and maintenance of facilities or improvements for: |
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(1) wastewater collection and treatment; |
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(2) water supply and distribution; or |
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(3) storm water diversion, detention, or pumping. |
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(h) At least once every five years, a political subdivision |
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that is a district as defined by Section 36.001 or 49.001, Water |
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Code, shall for district facilities described by Subsection (g): |
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(1) evaluate the consumption of electricity; |
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(2) establish goals to reduce the consumption of |
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electricity; and |
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(3) identify and implement cost-effective energy |
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efficiency measures to reduce the consumption of electricity. |
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SECTION 2. (a) Section 43.0751(a)(1), Local Government |
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Code, is amended to read as follows: |
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(1) "District" means a conservation and reclamation |
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[water control and improvement] district [or a municipal utility
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district created or] operating under Chapter 49 [51 or 54], Water |
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Code. The term does not include a groundwater conservation |
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district operating under Chapter 36, Water Code, or a special |
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utility district operating under Chapter 65, Water Code. |
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(b) If S.B. No. 1082, Acts of the 82nd Legislature, Regular |
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Session, 2011, becomes law, this section has no effect. |
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SECTION 3. (a) Section 43.0751, Local Government Code, is |
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amended by adding Subsection (r) to read as follows: |
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(r) To be annexed for limited purposes under this section, |
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an area must be: |
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(1) in the municipality's extraterritorial |
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jurisdiction; and |
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(2) contiguous to the corporate or limited purpose |
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boundaries of the municipality, unless the district consents to |
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noncontiguous annexation pursuant to a strategic partnership |
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agreement with the municipality. |
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(b) If S.B. No. 1082, Acts of the 82nd Legislature, Regular |
|
Session, 2011, becomes law, this section has no effect. |
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SECTION 4. Section 375.161, Local Government Code, is |
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amended to read as follows: |
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Sec. 375.161. CERTAIN RESIDENTIAL PROPERTY EXEMPT. (a) |
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The board may not impose an impact fee, assessment, tax, or other |
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requirement for payment, construction, alteration, or dedication |
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under this chapter on single-family detached residential property, |
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duplexes, triplexes, and quadraplexes. |
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(b) This section does not apply to an impact fee, |
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assessment, tax, or other requirement for payment for water, sewer, |
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drainage, reclamation, flood control, road, or park and |
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recreational services or improvements of a district operating under |
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this chapter that provides, or proposes to provide, those services |
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or improvements. |
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SECTION 5. Section 552.014, Local Government Code, is |
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amended to read as follows: |
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Sec. 552.014. CONTRACTS WITH WATER DISTRICTS OR NONPROFIT |
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CORPORATIONS. (a) In this section: |
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(1) "Project" means a water supply or treatment |
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system, a water distribution system, a sanitary sewage collection |
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or treatment system, works or improvements necessary for drainage |
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of land, recreational facilities, roads and improvements in aid of |
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roads, or facilities to provide firefighting services. |
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(2) "Water district" [, "water district"] means a |
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district created under Article XVI, Section 59, of the Texas |
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Constitution. |
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(b) A municipality may enter into a contract with a water |
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district or with a corporation organized to be operated without |
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profit under which the district or corporation will acquire for the |
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benefit of and convey to the municipality, either separately or |
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together, one or more projects [a water supply or treatment system,
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a water distribution system, a sanitary sewage collection or
|
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treatment system, or works or improvements necessary for drainage
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of land in the municipality]. In connection with the acquisition, |
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the district or corporation shall improve, enlarge, or extend the |
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existing municipal facilities as provided by the contract. |
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(c) If the contract provides that the municipality assumes |
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ownership of the project [water, sewer, or drainage system] on |
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completion of construction or at the time that all debt incurred by |
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the district or corporation in the acquisition, construction, |
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improvement, or extension of the project [system] is paid in full, |
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the municipality may make payments to the district or corporation |
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for project [water, sewer, or drainage] services to part or all of |
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the residents of the municipality. The contract may provide for |
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purchase of the project [system] by the municipality through |
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periodic payments to the district or corporation in amounts that, |
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together with the net income of the district or corporation, are |
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sufficient to pay the principal of and interest on the bonds of the |
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district or corporation as they become due. The contract may |
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provide: |
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(1) that any payments due under this section are |
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payable from and are secured by a pledge of a specified part of the |
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revenues of the municipality, including revenues from municipal |
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sales and use taxes [municipal water system, sewer system, or
|
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drainage system]; |
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(2) for the levying of a tax to make payments due under |
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this section; or |
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(3) that the payments due under this section be made |
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from a combination of revenues [from the system] and taxes. |
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(d) The contract may provide that the district or |
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corporation may use the streets, alleys, and other public ways and |
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places of the municipality for project [water, sewer, or drainage] |
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purposes for a period that ends at the time the indebtedness of the |
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district or corporation is paid in full and the municipality |
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acquires title to the project [system] in accordance with this |
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section. |
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(e) The contract may provide for the operation of the |
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project [system] by the municipality, and, if so authorized, the |
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municipality may operate the project [system]. |
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(f) A contract under this section must be authorized by a |
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majority vote of the governing body of the municipality. |
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(g) This section does not authorize a water district or |
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corporation described by Subsection (b) to participate in a project |
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that the water district or corporation is not authorized to |
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participate in under other law. |
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SECTION 6. Section 49.059, Water Code, is amended to read as |
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follows: |
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Sec. 49.059. [DISQUALIFICATION OF] TAX ASSESSOR AND |
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COLLECTOR. (a) The district may employ or contract with any person |
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to serve as its tax assessor and collector who is: |
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(1) an individual certified as a registered Texas |
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assessor-collector; or |
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(2) a firm, organization, association, partnership, |
|
corporation, or other legal entity if an individual certified as a |
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registered Texas assessor-collector owns an interest in or is |
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employed by the firm, organization, association, partnership, |
|
corporation, or other legal entity. |
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(b) A tax assessor and collector employed or contracted for |
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under this section is not required to be a natural person. |
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(c) A firm, organization, association, partnership, |
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corporation, or other legal entity serving as district tax assessor |
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and collector shall give a bond as required by Section 49.057 for a |
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natural person. |
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(d) No person may serve as tax assessor and collector of a |
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district providing potable water or sewer utility services to |
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household users if that person: |
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(1) is a natural person related within the third |
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degree of affinity or consanguinity to any developer of property in |
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the district, a member of the board, or the manager, engineer, or |
|
attorney for the district; |
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(2) is or was within two years immediately preceding |
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the assumption of assessment and collection duties with the |
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district an employee of any developer of property in the district or |
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any director, manager, engineer, or attorney for the district; |
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(3) owns an interest in or is employed by any |
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corporation organized for the purpose of tax assessment and |
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collection services, a substantial portion of the stock of which is |
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owned by a developer of property within the district or any |
|
director, manager, engineer, or attorney for the district; or |
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(4) is directly or through a corporation developing |
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land in the district or is a director, engineer, or attorney for the |
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district. |
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(e) [(b)] Within 60 days after the board determines a |
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relationship or employment exists which constitutes a |
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disqualification under Subsection (d) [(a)], it shall replace the |
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person serving as tax assessor and collector with a person who would |
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not be disqualified. |
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(f) [(c)] Any person who wilfully violates the provisions |
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of Subsection (d) [(a)] is guilty of a misdemeanor and on conviction |
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shall be fined not less than $100 nor more than $1,000. |
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(g) [(d)] As used in this section, "developer of property in |
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the district" has the same meaning as in Section 49.052(d). |
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SECTION 7. Section 49.063, Water Code, is amended to read as |
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follows: |
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Sec. 49.063. NOTICE OF MEETINGS. (a) Notice of meetings of |
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the board shall be given as set forth in the open meetings law, |
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Chapter 551, Government Code, except that if a district does not |
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have a meeting place within the district, the district shall post |
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notice of its meeting at a public place within the district |
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specified by the board in a written resolution, rather than at its |
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administrative office. The board shall specify such public place |
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to be a bulletin board or other place within the district which is |
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reasonably available to the public. |
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(b) The validity of an action taken at a board meeting is not |
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affected by: |
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(1) [Neither] failure to provide notice of the meeting |
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if the meeting is a regular meeting; |
|
(2) [nor] an insubstantial defect in notice of the |
|
[any] meeting; or |
|
(3) failure of a county clerk to timely or properly |
|
post or maintain public access to a notice of the meeting if notice |
|
of the meeting is furnished to the county clerk in sufficient time |
|
for posting under Section 551.043(a) or 551.045, Government Code |
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[shall affect the validity of any action taken at the meeting]. |
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SECTION 8. Sections 49.102(a), (b), (c), and (h), Water |
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Code, are amended to read as follows: |
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(a) Before issuing any bonds or other obligations, an |
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election shall be held within the boundaries of the proposed |
|
district on a uniform election date provided by Section 41.001, |
|
Election Code, to determine if the proposed district shall be |
|
established and, if the directors of the district are required by |
|
law to be elected, to elect permanent directors. |
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(b) Notice of a confirmation or director election shall |
|
state the day and place or places for holding the election, the |
|
propositions to be voted on, and, if applicable, the number of |
|
directors to be voted on. |
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(c) The ballots for a confirmation election shall be printed |
|
to provide for voting "For District" and "Against District." |
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Ballots for a directors election shall provide the names of the |
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persons appointed by the governing body who qualified and are |
|
serving as temporary directors at the time the election is called. |
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If the district has received an application by a write-in |
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candidate, the [The] ballots shall also have blank places after the |
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names of the temporary directors in which a voter may write the |
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names of any candidates appearing on the list of write-in |
|
candidates required by Section 146.031, Election Code [other
|
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persons for directors]. |
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(h) Unless otherwise agreed, the elected directors shall |
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decide the initial terms of office by lot, with a simple majority of |
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the elected directors serving until the second succeeding directors |
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election and the remaining elected directors serving until the next |
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directors election. |
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SECTION 9. Sections 49.103(a) and (b), Water Code, are |
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amended to read as follows: |
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(a) Except as provided by Section 49.102, the members of the |
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board of a district shall serve staggered [for] four-year terms. |
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(b) After confirmation of a district, an [An] election shall |
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be held on the uniform election date, provided by Section 41.001, |
|
[established by the] Election Code, in May of each even-numbered |
|
year to elect the appropriate number of directors. |
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SECTION 10. Subchapter D, Chapter 49, Water Code, is |
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amended by adding Section 49.1045 to read as follows: |
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Sec. 49.1045. CERTIFICATION OF ELECTION RESULTS IN LESS |
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POPULOUS DISTRICTS. (a) This section applies only to a district |
|
that: |
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(1) has 10 or fewer registered voters; and |
|
(2) holds an election jointly with a county in which |
|
the district is wholly or partly located. |
|
(b) A district may provide for an inquiry into and |
|
certification of the voting results of an election under this |
|
section if: |
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(1) the election results indicate that the number of |
|
votes cast in the election was greater than the number of registered |
|
voters in the district; |
|
(2) the board determines that the election results are |
|
likely to be disputed in court; and |
|
(3) the board can determine from the official list of |
|
registered voters prepared by the county voter registrar or county |
|
elections administrator for the district election which voters were |
|
qualified to vote in the district election and can determine from |
|
the signature roster from the joint election who voted in the joint |
|
election. |
|
(c) To certify the district votes, the board by rule shall |
|
adopt a procedure to determine for each person who signed the |
|
signature roster as a voter in the joint election: |
|
(1) whether the person's address on the day of the |
|
election was in the district; and |
|
(2) how the person voted in the district election. |
|
(d) The certified votes are the official election results. |
|
(e) Certification of the results under this section does not |
|
preclude the filing of an election contest. |
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SECTION 11. Sections 49.105(c) and (d), Water Code, are |
|
amended to read as follows: |
|
(c) If the number of directors is reduced to fewer than a |
|
majority or if a vacancy continues beyond the 90th day after the |
|
date the vacancy occurs, the vacancy or vacancies may [shall] be |
|
filled by appointment by the commission if the district is required |
|
by Section 49.181 to obtain commission approval of its bonds or by |
|
the county commissioners court if the district was created by the |
|
county commissioners court, regardless of whether a petition has |
|
been presented to the board under Subsection (b). An appointed |
|
director shall serve for the unexpired term of the director he or |
|
she is replacing. |
|
(d) In the event of a failure to elect one or more members of |
|
the board of a district resulting from the absence of, or failure to |
|
vote by, the qualified voters in an election held by the district, |
|
the current members of the board or temporary board holding the |
|
positions not filled at such election shall be deemed to have been |
|
elected [reelected] and shall serve an additional term of office, |
|
or, in the case of a temporary board member deemed elected under |
|
this subsection, the initial term of office. |
|
SECTION 12. Section 49.108, Water Code, is amended by |
|
adding Subsections (g), (h), and (i) to read as follows: |
|
(g) On or before the first day for early voting by personal |
|
appearance at an election held to authorize a contract, a |
|
substantially final form of the contract must be filed in the office |
|
of the district and must be open to inspection by the public. The |
|
contract is not required to be attached as an exhibit to the order |
|
calling the election to authorize the contract. |
|
(h) A single contract may contain multiple purposes or |
|
provisions for multiple facilities authorized by one or more |
|
constitutional provisions. The contract may generally describe the |
|
facilities to be acquired or financed by the district without |
|
reference to specific constitutional provisions. A contract |
|
described by this subsection may be submitted for approval in a |
|
single proposition at an election. |
|
(i) A contract between districts to provide facilities or |
|
services is not required to specify the maximum amount of bonds or |
|
expenditures authorized under the contract if: |
|
(1) the contract provides that the service area cannot |
|
be enlarged without the consent of at least two-thirds of the boards |
|
of directors of the districts that are: |
|
(A) included in the service area as proposed to |
|
be enlarged; or |
|
(B) served by the facilities or services provided |
|
in the contract; |
|
(2) the contract provides that bonds or expenditures, |
|
payable wholly or partly from contract taxes, are issued or made: |
|
(A) on an emergency basis; or |
|
(B) to purchase, construct, acquire, own, |
|
operate, repair, improve, or extend services or facilities |
|
necessary to comply with changes in applicable regulatory |
|
requirements; or |
|
(3) the contract provides that the bonds or |
|
expenditures require prior approval by any district that is |
|
obligated to pay debt service on those bonds or to pay for those |
|
expenditures wholly or partly with contract taxes. |
|
SECTION 13. Subchapter D, Chapter 49, Water Code, is |
|
amended by adding Sections 49.109, 49.110, 49.111, 49.112, and |
|
49.113 to read as follows: |
|
Sec. 49.109. AGENT DURING ELECTION PERIOD. The board may |
|
appoint a person, including a district officer, employee, or |
|
consultant, to serve as the district's agent under Section 31.123, |
|
Election Code. |
|
Sec. 49.110. ELECTION JUDGE. (a) The notice requirements |
|
for the appointment of a presiding election judge under Section |
|
32.009, Election Code, do not apply to an election held by a |
|
district. |
|
(b) To serve as an election judge in an election held by a |
|
district, a person must be a registered voter of the county in which |
|
the district is wholly or partly located. To the extent of any |
|
conflict with Section 32.051, Election Code, this section controls. |
|
Sec. 49.111. EXEMPTIONS FROM USE OF ACCESSIBLE VOTING |
|
SYSTEMS. (a) Notwithstanding Sections 61.012 and 61.013, Election |
|
Code, a district is exempt from the acquisition, lease, or use of an |
|
electronic voting system for an election if: |
|
(1) the election is a confirmation election or an |
|
election held jointly with a confirmation election on the same date |
|
and in conjunction with the confirmation election, except for an |
|
election in which a federal office appears on the ballot; |
|
(2) the most recently scheduled district directors' |
|
election was not held, as provided by Section 2.053(b), Election |
|
Code; or |
|
(3) fewer than 250 voters voted at the most recently |
|
held district directors' election. |
|
(b) A district eligible for the exemption under Subsection |
|
(a) must publish notice in a newspaper of general circulation in an |
|
area that includes the district or mail notice to each voter in the |
|
district regarding the district's intention to hold an election |
|
without providing a voting station that meets the requirements for |
|
accessibility under 42 U.S.C. Section 15481(a)(3) on election day |
|
and during the period for early voting by personal appearance. The |
|
notice must be published or mailed not later than the later of: |
|
(1) the 75th day before the date of the election; or |
|
(2) the date on which the district adopts the order |
|
calling the election. |
|
(c) The notice required by Subsection (b) must: |
|
(1) provide that any voter in the district may request |
|
the use of a voting station that meets the accessibility |
|
requirements for voting by a person with a disability; and |
|
(2) provide information on how to submit such a |
|
request. |
|
(d) The district shall comply with a request for an |
|
accessible voting station if the request is received not later than |
|
the 45th day before the date of the election. |
|
Sec. 49.112. CANCELLATION OF ELECTION; REMOVAL OF BALLOT |
|
MEASURE. Before the first day of early voting by personal |
|
appearance, the board by order or resolution may cancel an election |
|
called at the discretion of the district or may remove from the |
|
ballot a measure included at the discretion of the district. A copy |
|
of the order or resolution must be posted during the period for |
|
early voting by personal appearance and on election day at each |
|
polling place that is used or that would have been used in the |
|
election. |
|
Sec. 49.113. NOTICE FOR FILING FOR PLACE ON BALLOT. A |
|
notice required by Section 141.040, Election Code, must be posted |
|
at the district's administrative office in the district or at the |
|
public place established by the district under Section 49.063 of |
|
this chapter not later than the 30th day before the deadline for a |
|
candidate to file an application for a place on the ballot of a |
|
district directors' election. |
|
SECTION 14. Section 49.151(c), Water Code, is amended to |
|
read as follows: |
|
(c) The board may allow disbursements of district money to |
|
be transferred by federal reserve wire system or by electronic |
|
means. The board by resolution may allow the wire or electronic |
|
transfers to accounts in the name of the district or accounts not in |
|
the name of the district. |
|
SECTION 15. Sections 49.154(a) and (c), Water Code, are |
|
amended to read as follows: |
|
(a) The board may declare an emergency in the matter of |
|
funds not being available to pay principal of and interest on any |
|
bonds of the district payable in whole or in part from taxes or to |
|
meet any other needs of the district and may issue [negotiable] tax |
|
anticipation notes or [negotiable] bond anticipation notes to |
|
borrow the money needed by the district without advertising or |
|
giving notice of the sale. A district's bond anticipation notes or |
|
tax anticipation notes are negotiable instruments within the |
|
meaning and purposes of the Business & Commerce Code |
|
notwithstanding any provision to the contrary in that code. Bond |
|
anticipation notes and tax anticipation notes shall mature within |
|
one year of their date. |
|
(c) Bond anticipation notes may be issued for any purpose |
|
for which bonds of the district may be issued [have previously been
|
|
voted] or [may be issued] for the purpose of refunding previously |
|
issued bond anticipation notes. A district may covenant with the |
|
purchasers of the bond anticipation notes that the district will |
|
use the proceeds of sale of any bonds in the process of issuance for |
|
the purpose of refunding the bond anticipation notes, in which case |
|
the board will be required to use the proceeds received from sale of |
|
the bonds in the process of issuance to pay principal, interest, or |
|
redemption price on the bond anticipation notes. |
|
SECTION 16. Section 49.181(a), Water Code, as amended by |
|
H.B. No. 1901, Acts of the 82nd Legislature, Regular Session, 2011, |
|
is amended to read as follows: |
|
(a) A district may not issue bonds to finance a project for |
|
which the commission has adopted rules requiring review and |
|
approval unless the commission determines that the project [to be
|
|
financed by the bonds] is feasible and issues an order approving the |
|
issuance of the bonds. This section does not apply to: |
|
(1) refunding bonds if the commission issued an order |
|
approving the issuance of the bonds or notes that originally |
|
financed the project; |
|
(2) refunding bonds that are issued by a district |
|
under an agreement between the district and a municipality allowing |
|
the issuance of the district's bonds to refund bonds issued by the |
|
municipality to pay the cost of financing facilities; |
|
(3) bonds issued to and approved by the Farmers Home |
|
Administration, the United States Department of Agriculture, the |
|
North American Development Bank, or the Texas Water Development |
|
Board; |
|
(4) refunding bonds issued to refund bonds described |
|
by Subdivision (3); or |
|
(5) bonds issued by a public utility agency created |
|
under Chapter 572, Local Government Code, any of the public |
|
entities participating in which are districts if at least one of |
|
those districts is a district described by Subsection (h)(1)(E). |
|
SECTION 17. Section 49.194, Water Code, is amended by |
|
amending Subsections (a), (b), and (c) and adding Subsection (h) to |
|
read as follows: |
|
(a) Except as provided by Subsection (h), after [After] the |
|
board has approved the audit report, it shall submit a copy of the |
|
report to the executive director for filing within 135 days after |
|
the close of the district's fiscal year. |
|
(b) Except as provided by Subsection (h), if [If] the board |
|
refuses to approve the annual audit report, the board shall submit a |
|
copy of the report to the executive director for filing within 135 |
|
days after the close of the district's fiscal year, accompanied by a |
|
statement from the board explaining the reasons for its failure to |
|
approve the report. |
|
(c) Copies of the audit report, the annual financial |
|
dormancy affidavit, or annual financial report described in |
|
Sections 49.197 and 49.198 shall be filed annually in the office of |
|
the district. |
|
(h) A special water authority shall submit a copy of the |
|
audit report to the executive director for filing not later than the |
|
160th day after the date the special water authority's fiscal year |
|
ends. |
|
SECTION 18. Section 49.212, Water Code, is amended by |
|
amending Subsection (d) and adding Subsections (d-1) and (d-2) to |
|
read as follows: |
|
(d) Notwithstanding any provision of law to the contrary, a |
|
district that charges a fee that is an impact fee as described in |
|
Section 395.001(4), Local Government Code, must comply with Chapter |
|
395, Local Government Code. A charge or fee is not an impact fee |
|
under that chapter if: |
|
(1) the charge or fee is imposed by a district for |
|
construction, installation, or inspection of a tap or connection to |
|
district water, sanitary sewer, or drainage facilities, including |
|
all necessary service lines and meters, for capacity in storm water |
|
detention or retention facilities and related storm water |
|
conveyances, or for wholesale facilities that serve such water, |
|
sanitary sewer, [or] drainage, or storm water detention or |
|
retention facilities; and |
|
(2) the charge or fee: |
|
(A) [that (i)] does not exceed three times the |
|
actual [and reasonable] costs to the district for such tap or |
|
connection; |
|
(B) [, (ii)] if made to a nontaxable entity for |
|
retail or wholesale service, does not exceed the actual costs to the |
|
district for such work and for all facilities that are necessary to |
|
provide district services to such entity and that are financed or |
|
are to be financed in whole or in part by tax-supported or revenue |
|
bonds of the district; [,] or |
|
(C) is [(iii) if] made by a district for retail or |
|
wholesale service on land that at the time of platting was not being |
|
provided with water, [or] wastewater, drainage, or storm water |
|
detention or retention service by the district[, shall not be
|
|
deemed to be an impact fee under Chapter 395, Local Government
|
|
Code]. |
|
(d-1) Actual costs under Subsection (d), as determined by |
|
the board in its reasonable discretion, may include nonconstruction |
|
expenses attributable to the design, permitting, financing, and |
|
construction of those facilities, and reasonable interest on those |
|
costs calculated at a rate not to exceed the net effective interest |
|
rate on any district bonds issued to finance the facilities. |
|
(d-2) A district may pledge the revenues of the district's |
|
utility system to pay the principal of or interest on bonds issued |
|
to construct the capital improvements for which a fee is [was] |
|
imposed under Subsection (d) [this subsection], and money received |
|
from the fees shall be considered revenues of the district's |
|
utility system for purposes of the district's bond covenants. |
|
SECTION 19. Section 49.2121(b), Water Code, is amended to |
|
read as follows: |
|
(b) A district may: |
|
(1) accept a credit card for the payment of any fees |
|
and charges imposed by the district; |
|
(2) collect a fee[, not to exceed five percent of the
|
|
amount of the fee or charge being paid,] that is reasonably related |
|
to the expense incurred by the district in processing the payment by |
|
credit card; and |
|
(3) collect a service charge for the expense incurred |
|
by the district in collecting the original fee or charge if the |
|
payment by credit card is not honored by the credit card company on |
|
which the funds are drawn. |
|
SECTION 20. Section 49.216, Water Code, is amended by |
|
amending Subsection (e) and adding Subsection (f) to read as |
|
follows: |
|
(e) Any peace officer who is directly employed by a |
|
district, before beginning to perform any duties and at the time of |
|
appointment, must take an oath and execute a bond conditioned on |
|
faithful performance of such officer's duties in the amount of |
|
$1,000 payable to the district. The oath and the bond shall be |
|
filed in the district office. |
|
(f) A peace officer contracted for by the district, |
|
individually or through a county, sheriff, constable, or |
|
municipality, is an independent contractor, and the district is |
|
responsible for the acts or omissions of the peace officer only to |
|
the extent provided by law for other independent contractors. |
|
SECTION 21. Sections 49.273(d) and (e), Water Code, are |
|
amended to read as follows: |
|
(d) For contracts over $75,000 [$50,000], the board shall |
|
advertise the letting of the contract, including the general |
|
conditions, time, and place of opening of sealed bids. The notice |
|
must [shall] be published in one or more newspapers circulated in |
|
each county in which [part of] the district is located. [If one
|
|
newspaper meets both of these requirements, publication in such
|
|
newspaper is sufficient.] If there are more than four counties in |
|
the district, notice may be published in any newspaper with general |
|
circulation in the district. The notice must [shall] be published |
|
once a week for two consecutive weeks before the date that the bids |
|
are opened, and the first publication must [shall] be not later than |
|
the 14th [21st] day before the date of the opening of the sealed |
|
bids. |
|
(e) For contracts over $25,000 but not more than $75,000 |
|
[$50,000], the board shall solicit written competitive bids on |
|
uniform written specifications from at least three bidders. |
|
SECTION 22. Section 49.351, Water Code, is amended by |
|
amending Subsections (a), (b), (c), (f), (i), and (l) and adding |
|
Subsection (m) to read as follows: |
|
(a) A district providing potable water or sewer service to |
|
household users may, separately or jointly with another district, |
|
municipality, or other political subdivision, establish, operate, |
|
and maintain, finance with ad valorem taxes, mandatory fees, or |
|
voluntary contributions, and issue bonds for a fire department to |
|
perform all fire-fighting services within the district as provided |
|
in this subchapter and may provide for [issue bonds or impose a
|
|
mandatory fee, with voter approval, for financing a plan approved
|
|
in accordance with this section, including] the construction and |
|
purchase of necessary buildings, facilities, land, and equipment |
|
and the provision of an adequate water supply. |
|
(b) After complying with the requirements of this section |
|
[approval of the district electors of a plan to operate, jointly
|
|
operate, or jointly fund the operation of a fire department, and
|
|
after complying with Subsections (g), (h), and (i)], the district |
|
or districts shall provide an adequate system and water supply for |
|
fire-fighting purposes, may purchase necessary land, may construct |
|
and purchase necessary buildings, facilities, and equipment, and |
|
may employ or contract with a fire department to employ all |
|
necessary personnel including supervisory personnel to operate the |
|
fire department. |
|
(c) For [Bonds for] financing a plan approved in accordance |
|
with this section, bonds and ad valorem taxes must [shall] be |
|
authorized and may be issued or imposed[, and a district shall be
|
|
authorized to levy a tax to pay the principal of and interest on
|
|
such bonds,] as provided by law for the authorization and issuance |
|
of other bonds and the authorization and imposition of other ad |
|
valorem taxes of the district. |
|
(f) Before a district imposes an ad valorem tax or issues |
|
bonds payable wholly or partly from ad valorem taxes to finance the |
|
establishment of [establishes] a fire department, contracts to |
|
operate a joint fire department, or contracts with another person |
|
to perform fire-fighting services within the district, the district |
|
must comply with [the provisions of] Subsections (g), (h), and (i). |
|
A district that funds fire-fighting services with revenue, |
|
including mandatory fees or voluntary contributions, is not |
|
required to comply with Subsections (g), (h), and (i). |
|
(i) After approval of a plan by the commission, the district |
|
shall hold an [submit to the electors of the district at the] |
|
election to approve the plan, approve bonds payable wholly or |
|
partly from ad valorem taxes, and [or to] impose ad valorem taxes [a
|
|
mandatory fee] for financing the plan. The election [, or if no
|
|
bonds or fees are to be approved, at an election called for approval
|
|
of the plan, which] may be held in conjunction with an election |
|
required by Section 49.102[, the proposition of whether or not the
|
|
plan should be implemented or entered into by the district]. [The
|
|
ballots at the election shall be printed, as applicable, to provide
|
|
for voting for or against the proposition: "The implementation of
|
|
the plan for (operation/joint operation) of a fire department"; or
|
|
"The plan and contract to provide fire-fighting services for the
|
|
district."] |
|
(l) A [Notwithstanding the requirements of Subsections
|
|
(a)-(j), a] district providing potable water or sewer service to |
|
household users may, as part of its billing process, collect from |
|
its customers a voluntary contribution on behalf of organizations |
|
providing fire-fighting services to the district. A district that |
|
chooses to collect a voluntary contribution under this subsection |
|
must give reasonable notice to its customers that the contribution |
|
is voluntary. Water and sewer service may not be terminated as a |
|
result of failure to pay the voluntary contribution. |
|
(m) If a customer makes a partial payment of a district bill |
|
for water or sewer service and includes with the payment a voluntary |
|
contribution for fire-fighting services under Subsection (l), the |
|
district shall apply the voluntary contribution first to the bill |
|
for water or sewer service, including any interest or penalties |
|
imposed. The district shall use any amount remaining for |
|
fire-fighting services. |
|
SECTION 23. Section 49.462(1), Water Code, is amended to |
|
read as follows: |
|
(1) "Recreational facilities" means parks, |
|
landscaping, parkways, greenbelts, sidewalks, trails, public |
|
right-of-way beautification projects, and recreational equipment |
|
and facilities. The term includes associated street and security |
|
lighting. The term does not include a minor improvement or |
|
beautification project to land acquired or to be acquired as part of |
|
a district's water, sewer, or drainage facilities. |
|
SECTION 24. Subchapter N, Chapter 49, Water Code, is |
|
amended by adding Section 49.4641 to read as follows: |
|
Sec. 49.4641. RECREATIONAL FACILITIES ON SITES ACQUIRED FOR |
|
WATER, SEWER, OR DRAINAGE FACILITIES. (a) A district may develop |
|
and maintain recreational facilities on a site acquired for the |
|
purpose of developing water, sewer, or drainage facilities. |
|
(b) A district is not required to prorate the costs of a site |
|
described by Subsection (a) between the primary water, sewer, or |
|
drainage purpose and any secondary recreational facilities purpose |
|
if a licensed professional engineer certifies that the site is |
|
reasonably sized for the intended water, sewer, or drainage |
|
purpose. |
|
(c) The engineer may consider the following factors in |
|
determining the reasonableness of the size of a water, sewer, or |
|
drainage site: |
|
(1) the rules, regulations, and design guidelines or |
|
criteria of a municipality, county, or other entity exercising |
|
jurisdiction; |
|
(2) sound engineering principles; |
|
(3) the impact on adjoining property; |
|
(4) the availability of sites that meet the |
|
requirements for the proposed use; |
|
(5) requirements for sanitary control; |
|
(6) the need for a buffer zone to mitigate noise or for |
|
aesthetic purposes; |
|
(7) benefits to storm water quality; and |
|
(8) anticipated expansions of facilities resulting |
|
from: |
|
(A) future growth and demand for district |
|
facilities; or |
|
(B) changes in regulatory requirements. |
|
SECTION 25. Sections 49.4645(a) and (b), Water Code, are |
|
amended to read as follows: |
|
(a) A district all or part of which is located in Bastrop |
|
County, Bexar County, Waller County, Travis County, Williamson |
|
County, Harris County, Galveston County, Brazoria County, |
|
Montgomery County, or Fort Bend County may issue bonds supported by |
|
ad valorem taxes to pay for the development and maintenance of |
|
recreational facilities only if the bonds are authorized by a |
|
majority vote of the [qualified] voters of the district voting in an |
|
election held for that purpose. The outstanding principal amount |
|
of bonds, notes, and other obligations issued to finance parks and |
|
recreational facilities supported by ad valorem taxes [payable from
|
|
any source] may not exceed an amount equal to one percent of the |
|
value of the taxable property in the district or, if supported by |
|
contract taxes under Section 49.108, may not exceed an amount equal |
|
to one percent of the sum of the value of the taxable property in the |
|
districts making payments under the contract as shown by the tax |
|
rolls of the central appraisal district at the time of the issuance |
|
of the bonds, notes, and other obligations or an amount greater than |
|
the estimated cost provided in the park plan under Subsection (b), |
|
whichever is smaller. An estimate of the value provided by the |
|
central appraisal district may be used to establish the value of the |
|
taxable property in the district or districts under this section. |
|
The district may not issue bonds supported by ad valorem taxes to |
|
pay for the development and maintenance of: |
|
(1) indoor or outdoor swimming pools; or |
|
(2) golf courses. |
|
(b) On or before the 10th day before the first day for early |
|
voting by personal appearance at [Not later than the 10th day
|
|
before] an election [is] held to authorize the issuance of bonds for |
|
the development and maintenance of recreational facilities, the |
|
board shall file in the district office for review by the public a |
|
park plan covering the land, improvements, facilities, and |
|
equipment to be purchased or constructed and their estimated cost, |
|
together with maps, plats, drawings, and data fully showing and |
|
explaining the park plan. The park plan is not part of the |
|
proposition to be voted on, [and the park plan] does not create a |
|
contract with the voters, and may be amended at any time after the |
|
election held to authorize the issuance of bonds for the |
|
development and maintenance of recreational facilities provided |
|
under the plan. The estimated cost stated in the amended park plan |
|
may not exceed the amount of bonds authorized at that election. |
|
SECTION 26. Section 51.072, Water Code, is amended to read |
|
as follows: |
|
Sec. 51.072. QUALIFICATIONS FOR DIRECTOR. (a) To be |
|
qualified for election as a director, a person must: |
|
(1) be a resident of the state; |
|
(2) [,] own land subject to taxation in the district or |
|
be a qualified voter in the district; [,] and |
|
(3) be at least 18 years of age. |
|
(b) Section 49.052 does not apply to a district governed by |
|
this chapter whose principal purpose is providing water for |
|
irrigation. |
|
SECTION 27. Section 51.335, Water Code, is amended by |
|
amending Subsection (b) and adding Subsection (c) to read as |
|
follows: |
|
(b) The district shall not usurp functions or duplicate a |
|
service already adequately exercised or rendered by the other |
|
governmental agency except: |
|
(1) under a valid contract with the other governmental |
|
agency; or |
|
(2) as provided by Subsection (c). |
|
(c) The district may finance, develop, and maintain |
|
recreational facilities under Subchapter N, Chapter 49, even if |
|
similar facilities may be provided by a political subdivision or |
|
other governmental entity included wholly or partly in the |
|
district. |
|
SECTION 28. Section 51.523, Water Code, is amended to read |
|
as follows: |
|
Sec. 51.523. BALLOTS. The ballot for an election under this |
|
subchapter shall be printed to provide for voting for or against |
|
substantially the proposition: "Designation of the area, issuance |
|
of bonds, [and] levy of a tax to retire the bonds, and levy of a |
|
maintenance tax." |
|
SECTION 29. Section 51.527, Water Code, is amended by |
|
adding Subsection (c) to read as follows: |
|
(c) After bonds issued for the defined area or designated |
|
property are fully paid or defeased, the board may declare the |
|
defined area dissolved or may repeal the designation of the |
|
designated property. After that declaration or repeal, the board |
|
shall cease imposing any special taxes authorized under the adopted |
|
tax plan on the property located in the defined area or on the |
|
designated property. |
|
SECTION 30. Section 54.016(f), Water Code, is amended to |
|
read as follows: |
|
(f) A city may provide in its written consent for the |
|
inclusion of land in a district that is initially located wholly or |
|
partly outside the corporate limits of the city that a contract |
|
("allocation agreement") between the district and the city be |
|
entered into prior to the first issue of bonds, notes, warrants, or |
|
other obligations of the district. The allocation agreement shall |
|
contain the following provisions: |
|
(1) a method by which the district shall continue to |
|
exist following the annexation of all territory within the district |
|
by the city, if the district is initially located outside the |
|
corporate limits of the city; |
|
(2) an allocation of the taxes or revenues of the |
|
district or the city which will assure that, following the date of |
|
the inclusion of all the district's territory within the corporate |
|
limits of the city, the total annual ad valorem taxes collected by |
|
the city and the district from taxable property within the district |
|
does not exceed an amount greater than the city's ad valorem tax |
|
upon such property; |
|
(3) an allocation of governmental services to be |
|
provided by the city or the district following the date of the |
|
inclusion of all of the district's territory within the corporate |
|
limits of the city; and |
|
(4) such other terms and conditions as may be deemed |
|
appropriate by the city. |
|
SECTION 31. Section 54.236, Water Code, is amended to read |
|
as follows: |
|
Sec. 54.236. STREET OR SECURITY LIGHTING. (a) Subject to |
|
the provisions of this section, a district may purchase, install, |
|
operate, and maintain street lighting or security lighting within |
|
public utility easements or public rights-of-way or property owned |
|
by [within the boundaries of] the district. |
|
(b) A district may not issue bonds supported by ad valorem |
|
taxes to pay for the purchase, installation, and maintenance of |
|
street or security lighting, except as authorized by Section 54.234 |
|
or Subchapter N, Chapter 49. |
|
SECTION 32. Section 54.739, Water Code, is amended to read |
|
as follows: |
|
Sec. 54.739. SUBSTITUTING LAND OF EQUAL VALUE. After the |
|
district is organized and has obtained voter approval for the |
|
issuance of, or has sold, bonds payable wholly or partly from ad |
|
valorem taxes [acquires facilities with which to function for the
|
|
purposes for which it was organized, and votes, issues and sells
|
|
bonds for such purposes], land within the district boundaries |
|
subject to taxation that does not need or utilize the services of |
|
the district may be excluded and other land not within the |
|
boundaries of the district may be included within the boundaries of |
|
the district without impairment of the security for payment of the |
|
bonds or invalidation of any prior bond election, as provided by |
|
this section and Sections 54.740 through 54.747. |
|
SECTION 33. Section 54.744, Water Code, is amended to read |
|
as follows: |
|
Sec. 54.744. IMPAIRMENT OF SECURITY. (a) For purposes of |
|
the board's consideration of the applications, the lands proposed |
|
for inclusion shall be deemed to be sufficient to avoid an |
|
impairment of the security for payment of obligations of the |
|
district if: |
|
(1) according to the most recent tax roll of the |
|
district or the most recently certified estimates of taxable value |
|
from the chief appraiser of the appropriate appraisal district, the |
|
taxable value of such included lands equals or exceeds the taxable |
|
value of the excluded lands; and |
|
(2) either the estimated costs of providing district |
|
facilities and services to such included lands is equal to or less |
|
than the estimated costs of providing district facilities and |
|
services to the excluded lands or any increased estimated costs of |
|
providing district facilities and services to the included land, as |
|
determined by the district's engineer, can be amortized at |
|
prevailing bond interest rates and maturity schedules and the |
|
prevailing debt service tax rate of the district, as determined by |
|
the district's professional financial advisor, when applied to the |
|
increase in taxable value of the included land over the taxable |
|
value of the excluded land. [; and] |
|
(b) If the district has any [(3) the district's] |
|
outstanding bonds or contract obligations [are] payable in whole or |
|
in part by a pledge of net revenues from the ownership or operation |
|
of the district's facilities at the time the board considers an |
|
application, the lands proposed for inclusion shall be deemed to be |
|
sufficient to avoid an impairment of the security for payment of |
|
obligations of the district if[, and] the projected net revenues to |
|
be derived from the lands to be included during the succeeding |
|
12-month period, as determined by the district's engineer, equals |
|
or exceeds the projected net revenues that would otherwise have |
|
been derived from the lands to be excluded during the same period. |
|
(c) In this section, the taxable value of included land |
|
means the market value of the land if, before or contemporaneously |
|
with the inclusion of the land in the district, the owner of the |
|
land waives the right to special appraisal of the land as to the |
|
district under Section 23.20, Tax Code. |
|
SECTION 34. Section 49.103(g), Water Code, is repealed. |
|
SECTION 35. Section 43.0751, Local Government Code, as |
|
amended by this Act, applies only to an annexation for limited |
|
purposes of an area for which a municipality institutes proceedings |
|
to annex the area on or after the effective date of this Act. The |
|
annexation of an area for limited purposes for which a municipality |
|
institutes annexation proceedings before that date is governed by |
|
the law in effect immediately before the effective date of this Act, |
|
and the former law is continued in effect for that purpose. |
|
SECTION 36. The legislature finds that an agreement entered |
|
into before October 1, 2011, by a municipality and a municipal |
|
utility district is an allocation agreement only if: |
|
(1) the district is initially located wholly or partly |
|
outside the corporate limits of the municipality; |
|
(2) the agreement strictly complies with the |
|
requirements of Section 54.016(f), Water Code, as that section |
|
existed immediately before the effective date of this Act; and |
|
(3) the agreement is specifically designated by the |
|
parties to the agreement as an "allocation agreement" under Section |
|
54.016(f), Water Code. |
|
SECTION 37. Not later than December 1, 2011, the Texas |
|
Commission on Environmental Quality shall adopt any rules or |
|
amendments to existing rules necessary to implement Section |
|
49.4641, Water Code, as added by this Act. |
|
SECTION 38. (a) Except as provided by Subsection (b) of |
|
this section, this Act takes effect October 1, 2011. |
|
(b) Sections 54.739 and 54.744, Water Code, as amended by |
|
this Act, take effect immediately if this Act receives a vote of |
|
two-thirds of all the members elected to each house, as provided by |
|
Section 39, Article III, Texas Constitution; otherwise, those |
|
sections take effect October 1, 2011. |