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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability to certain regional water districts |
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of provisions concerning bond approval by the Texas Commission on |
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Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 49.181(h), Water Code, is amended to |
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read as follows: |
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(h) This section does not apply to a district if: |
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(1) the district's boundaries include one entire |
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county; |
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(2) the district was created by a special Act of the |
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legislature and: |
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(A) the district is located entirely within one |
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county; |
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(B) is entirely within one or more home-rule |
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municipalities; |
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(C) the total taxable value of the real property |
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and improvements to the real property zoned by one or more home-rule |
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municipalities for residential purposes and located within the |
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district does not exceed 25 percent of the total taxable value of |
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all taxable property in the district, as shown by the most recent |
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certified appraisal tax roll prepared by the appraisal district for |
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the county; and |
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(D) the district was not required by law to |
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obtain commission approval of its bonds before the effective date |
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of this section; |
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(3) the district is a special water authority; |
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(4) the district is governed by a board of directors |
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appointed in whole or in part by the governor, a state agency, or |
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the governing body or chief elected official of a municipality or |
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county and does not provide, or propose to provide, water, sewer, |
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drainage, reclamation, or flood control services to residential |
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retail or commercial customers as its principal function; [or] |
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(5) the district on September 1, 2003: |
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(A) is a municipal utility district that includes |
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territory in only two counties; |
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(B) has outstanding long-term indebtedness that |
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is rated BBB or better by a nationally recognized rating agency for |
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municipal securities; and |
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(C) has at least 5,000 active water connections; |
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or |
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(6) the district: |
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(A) is a conservation and reclamation district |
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created under Section 59, Article XVI, Texas Constitution, that |
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includes territory in at least three counties; and |
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(B) has the rights, powers, privileges, and |
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functions applicable to a river authority under Chapter 30. |
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SECTION 2. The change in law made by this Act does not apply |
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to bonds with regard to which an application and report were |
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submitted to the Texas Natural Resource Conservation Commission or |
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the Texas Commission on Environmental Quality under Section |
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49.181(b), Water Code, before the effective date of this Act. Those |
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bonds are governed by the law as it existed immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. 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. |