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A BILL TO BE ENTITLED
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AN ACT
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relating to districts in certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 551, Local Government Code, WATER |
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CONTROL BY MUNICIPALITIES, is amended by adding section 551.008 to |
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read as follows: |
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Sec. 551.008. APPROVAL OF CERTAIN DISTRICT ACTIONS INSIDE |
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A MUNICIPALITY BY CERTAIN MUNICIPALITIES |
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A. DEFINITIONS. In this Section: |
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(1) "Municipality" means a home rule municipality that has |
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adopted a Charter pursuant to Article XI Section 5 of the Texas |
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Constitution. |
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(2) "District" means a water control and improvement |
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district formed under Article XVI, Section 59, of the Texas |
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Constitution or in accordance with Water Code, Chapter 51. |
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(3) "Major Action" means any one or more of the following: |
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(a) calling an election for bonds or long-term debt; |
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(b) issuing bonds, refinancing, refunding or assuming |
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long-term debt; |
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(c) annexing territory; |
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(d) increasing an ad valorem tax rate; |
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(e) reimbursing any commercial property owner for |
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infrastructure or improvements; |
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(f) increasing water rates; |
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(g) increasing sewer rates; |
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(h) the sale or transfer of water rights; and |
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(i) contracts or agreements for the sale or lease of |
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water that commit more than 10% of the District's available surface |
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or ground water. |
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B. APPLICABILITY. This section applies to any District with |
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50 percent or more of the District's geographic territory located |
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within the boundaries of a Municipality where: |
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(1) the taxable value of the accounts located within the |
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boundaries of the Municipality and its Extraterritorial |
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Jurisdiction comprise, on average, 60 percent or more of the |
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taxable value of the District over the previous 5 years; and |
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(2) the Municipality and the District are located within the |
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boundaries of the same two adjacent counties one of which has a |
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population of over 4 million persons. |
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C. MAJOR ACTION SUBJECT TO APPROVAL. |
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A District shall not initiate, put into place or practice any |
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Major Action without first obtaining a vote of the majority of the |
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members of the governing body of the Municipality in favor of |
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proceeding with the proposed Major Action. |
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SECTION 2. 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, 2011. |