AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 3840 amends current law relating to the extension of the deadline for holding the confirmation and initial directors' election of the Tradition Municipal Utility District No. 2 of Denton County.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 8189.003, Special District Local Laws Code, as follows:

 

Sec. 8189.003.  CONFIRMATION ELECTION REQUIRED.  Provides that if the creation of the Tradition Municipal Utility District No. 2 of Denton County (district) is not confirmed at a confirmation election held under Section 8189.024 (Confirmation and Initial Directors' Election) before September 1, 2015, rather than before September 1, 2011:

 

(1)  the district is dissolved September 1, 2015, rather than September 1, 2011, except that:

 

(A)-(C) Makes no changes to these paragraphs; and

 

(2)  this chapter expires September 1, 2018, rather than September 1, 2014.

 

SECTION 2.  Amends Section 8189.021, Special District Local Laws Code, by amending Subsection (d) and adding Subsections (e) and (f) as follows:

 

(d)  Provides that temporary directors serve until the earlier of:

 

(1)  the date initial directors are elected under Section 8189.024; or

 

(2)  the fourth anniversary of the date on which the temporary directors were appointed, rather than the date this subchapter expires under Section 8189.026 (Expiration of Subchapter).

 

(e)  Requires successor temporary directors to be appointed or reappointed, if initial directors have not been elected under Section 8189.024 and the terms of the temporary directors have expired, as provided by Subsection (f) to serve terms that expire on the earliest of:

 

(1)  the date initial directors are elected under Section 8189.024;

 

(2)  the fourth anniversary of the date of the appointment or reappointment; or

 

(3)  the date this chapter expires under Section 8189.003.

 

(f)  Authorizes the owner or owners of a majority of the assessed value of the real property in the district to submit a petition to the Texas Commission on Environmental Quality (TCEQ) requesting that TCEQ appoint as successor temporary directors the five persons named in the petition if Subsection (e) applies.  Requires TCEQ to appoint as successor temporary directors the five persons named in the petition.

 

SECTION 3.  Amends Section 8189.026, Special District Local Laws Code, to provide that this subchapter expires September 1, 2018, rather than September 1, 2014.

 

SECTION 4.  Provides that 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 5.  Effective date: upon passage or September 1, 2011.