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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 the Gunter Municipal Utility |
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Districts Nos. 1 and 2. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 8238, Special District |
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Local Laws Code, is amended by adding Section 8238.104 to read as |
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follows: |
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Sec. 8238.104. NO ALLOCATION AGREEMENT. Section 54.016(f), |
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Water Code, does not apply to the district. |
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SECTION 2. Chapter 8238, Special District Local Laws Code, |
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is amended by adding Subchapter C-1 to read as follows: |
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SUBCHAPTER C-1. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
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Sec. 8238.131. DIVISION OF DISTRICT; PREREQUISITES. The |
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district may be divided into two or more new districts only if the |
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district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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Sec. 8238.132. LAW APPLICABLE TO NEW DISTRICT. This |
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chapter applies to any new district created by division of the |
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district, and a new district has all the powers and duties of the |
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district. |
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Sec. 8238.133. LIMITATION ON AREA OF NEW DISTRICT. A new |
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district created by the division of the district may not, at the |
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time the new district is created, contain any land outside the area |
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described by Section 2, Chapter 966, Acts of the 80th Legislature, |
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Regular Session, 2007. |
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Sec. 8238.134. DIVISION PROCEDURES. (a) The board, on its |
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own motion or on receipt of a petition signed by the owner or owners |
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of a majority of the assessed value of the real property in the |
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district, may adopt an order dividing the district. |
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(b) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8238.003 to confirm the district's creation. |
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(c) An order dividing the district must: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between the new districts. |
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(d) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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Sec. 8238.135. CONFIRMATION ELECTION FOR NEW DISTRICT. (a) |
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A new district created by the division of the district shall hold a |
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confirmation and directors' election as required by Section |
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8238.003. |
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(b) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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Texas Commission on Environmental Quality. |
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Sec. 8238.136. MUNICIPAL CONSENT. Municipal consent to the |
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creation of the district and to the inclusion of land in the |
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district granted under Section 8238.054 acts as municipal consent |
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to the creation of any new district created by the division of the |
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district and to the inclusion of land in the new district. |
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Sec. 8238.137. TAX OR BOND ELECTION. Before a new district |
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created by the division of the district may impose a maintenance tax |
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or issue bonds payable wholly or partly from ad valorem taxes, the |
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new district must hold an election as required by this chapter to |
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obtain voter approval. |
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SECTION 3. Subchapter C, Chapter 8239, Special District |
|
Local Laws Code, is amended by adding Section 8239.104 to read as |
|
follows: |
|
Sec. 8239.104. NO ALLOCATION AGREEMENT. Section 54.016(f), |
|
Water Code, does not apply to the district. |
|
SECTION 4. Chapter 8239, Special District Local Laws Code, |
|
is amended by adding Subchapter C-1 to read as follows: |
|
SUBCHAPTER C-1. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
|
Sec. 8239.131. DIVISION OF DISTRICT; PREREQUISITES. The |
|
district may be divided into two or more new districts only if the |
|
district: |
|
(1) has no outstanding bonded debt; and |
|
(2) is not imposing ad valorem taxes. |
|
Sec. 8239.132. LAW APPLICABLE TO NEW DISTRICT. This |
|
chapter applies to any new district created by division of the |
|
district, and a new district has all the powers and duties of the |
|
district. |
|
Sec. 8239.133. LIMITATION ON AREA OF NEW DISTRICT. A new |
|
district created by the division of the district may not, at the |
|
time the new district is created, contain any land outside the area |
|
described by Section 2, Chapter 1138, Acts of the 80th Legislature, |
|
Regular Session, 2007. |
|
Sec. 8239.134. DIVISION PROCEDURES. (a) The board, on its |
|
own motion or on receipt of a petition signed by the owner or owners |
|
of a majority of the assessed value of the real property in the |
|
district, may adopt an order dividing the district. |
|
(b) The board may adopt an order dividing the district |
|
before or after the date the board holds an election under Section |
|
8239.003 to confirm the district's creation. |
|
(c) An order dividing the district must: |
|
(1) name each new district; |
|
(2) include the metes and bounds description of the |
|
territory of each new district; |
|
(3) appoint temporary directors for each new district; |
|
and |
|
(4) provide for the division of assets and liabilities |
|
between the new districts. |
|
(d) On or before the 30th day after the date of adoption of |
|
an order dividing the district, the district shall file the order |
|
with the Texas Commission on Environmental Quality and record the |
|
order in the real property records of each county in which the |
|
district is located. |
|
Sec. 8239.135. CONFIRMATION ELECTION FOR NEW DISTRICT. (a) |
|
A new district created by the division of the district shall hold a |
|
confirmation and directors' election as required by Section |
|
8239.003. |
|
(b) If the creation of the new district is confirmed, the |
|
new district shall provide the election date and results to the |
|
Texas Commission on Environmental Quality. |
|
Sec. 8239.136. MUNICIPAL CONSENT. Municipal consent to the |
|
creation of the district and to the inclusion of land in the |
|
district granted under Section 8239.054 acts as municipal consent |
|
to the creation of any new district created by the division of the |
|
district and to the inclusion of land in the new district. |
|
Sec. 8239.137. TAX OR BOND ELECTION. Before a new district |
|
created by the division of the district may impose a maintenance tax |
|
or issue bonds payable wholly or partly from ad valorem taxes, the |
|
new district must hold an election as required by this chapter to |
|
obtain voter approval. |
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SECTION 5. (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 6. This Act takes effect September 1, 2011. |