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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 ship channel |
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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 68.001, Water Code, is amended by adding |
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Subdivision (2-a) to read as follows: |
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(2-a) "Facility" includes any interest in real |
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property, including fixtures, improvements, leasehold interests, |
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easements, licenses, and related rights. |
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SECTION 2. Section 68.051(c), Water Code, is amended to |
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read as follows: |
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(c) Except as provided by Subsection (d), after [After] the |
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district is created, the commissioners court that created the |
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district by order may provide for this chapter to apply to any other |
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type of facility that the district by petition requests the court to |
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add. |
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SECTION 3. Sections 68.152(a) and (b), Water Code, are |
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amended to read as follows: |
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(a) The commissioners court of the county shall appoint as |
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[two] directors for each security zone the two nominees who |
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received the highest number of votes in a [from a list of two
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persons nominated by a majority] vote by [of] the facility owners in |
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each security zone. Each [nominated] person nominated as a |
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director must be employed by a facility owner at a facility in the |
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zone. |
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(b) After reviewing the list of persons nominated to be |
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directors, the commissioners court shall approve or disapprove the |
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nominations for each security zone. |
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SECTION 4. Section 68.156, Water Code, is amended by adding |
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Subsection (c) to read as follows: |
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(c) When a director's term expires, the successor director |
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is appointed in the manner provided by this subchapter for that |
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director position. |
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SECTION 5. Section 68.161(b), Water Code, is amended to |
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read as follows: |
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(b) The board shall conduct its meetings in this state [the
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district]. |
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SECTION 6. Section 68.301, Water Code, is amended to read as |
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follows: |
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Sec. 68.301. AUTHORITY TO IMPOSE ASSESSMENT. The board may |
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impose one or more assessments [an assessment] against one or more |
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facilities for any district purpose, including for general district |
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purposes or for a specific security project or security service. |
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The board may impose the assessments against all facilities or |
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against a specific facility or group of facilities. |
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SECTION 7. Section 68.303(a), Water Code, is amended to |
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read as follows: |
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(a) Not later than the 30th day before the date of the |
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hearing, the district shall provide notice of the hearing by |
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certified mail, return receipt requested, to each facility owner: |
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(1) at the current address of each facility according |
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to the appraisal record maintained by the appraisal district for |
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that facility under Section 25.02, Tax Code; or |
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(2) if the appraisal records do not accurately reflect |
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that address, at the facility's physical location as reflected by |
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any other information available. |
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SECTION 8. Section 68.307(c), Water Code, is amended to |
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read as follows: |
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(c) After all objections have been heard and action has been |
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taken with regard to those objections, the board by resolution |
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shall impose the assessments on the facilities and shall specify |
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the method of payment of the assessments. A facility shall pay |
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assessments in one lump sum on the date designated by the board, |
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unless the board allows the [and may provide that those] |
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assessments to be paid in periodic installments. |
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SECTION 9. Section 68.313(b), Water Code, is amended to |
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read as follows: |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the facility |
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[property] assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the facility [property] even if the owners are not |
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named in the assessment proceedings. |
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SECTION 10. Subchapter G, Chapter 68, Water Code, is |
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amended by adding Section 68.316 to read as follows: |
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Sec. 68.316. FACILITY OWNER'S OBLIGATIONS. (a) An |
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assessment imposed by the board is a continuing and direct |
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obligation of the owner of the facility on which the assessment is |
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imposed regardless of whether the person owned the facility at the |
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time the assessment was imposed. |
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(b) The obligation to pay an assessment is not affected by a |
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change in the: |
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(1) ownership of the facility; |
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(2) type of facility; |
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(3) improvements that are part of the facility; or |
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(4) district's territory. |
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SECTION 11. Chapter 68, Water Code, is amended by adding |
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Subchapter I to read as follows: |
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SUBCHAPTER I. ADDITION AND EXCLUSION OF TERRITORY AND FACILITIES |
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Sec. 68.401. ADDITION OF TERRITORY AND FACILITIES BY BOARD. |
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(a) A board may petition the commissioners court of the county that |
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created the district to add to the district territory that contains |
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a facility in the county if the board finds that a security project |
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or security service in the district benefits or will benefit the |
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facility. |
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(b) The petition must recommend a security zone in which the |
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facility to be added should be included. The board may recommend |
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modifying a security zone as necessary to add the facility. The |
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board of a district that has four security zones may also recommend |
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adding a fifth security zone as necessary to add the new facility. |
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The recommendation must also note whether the security zone of any |
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facilities will change if the petition is granted. |
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(c) If any part of an assessment imposed by the board is |
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allocable to the facility to be added, the petition must describe |
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the portion, amount, and terms of the assessment. |
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(d) The commissioners court: |
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(1) shall publish notice and conduct a hearing on the |
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petition under Sections 68.104 and 68.105; and |
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(2) may grant the petition if the commissioners court |
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determines that a security project or security service in the |
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district benefits or will benefit the facility. |
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Sec. 68.402. ADDITION OF TERRITORY AND FACILITIES BY |
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FACILITY OWNER. (a) The owner of a facility in the county may |
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petition the board of a district to add to the district territory |
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that contains the facility in the county. The petition must |
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describe the territory and facility to be added and be signed by |
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each owner of the facility. |
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(b) If the board grants the petition, the board shall |
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forward the petition to the commissioners court and make |
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recommendations to the court under Subsection (c). |
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(c) The board shall recommend the security zone in which the |
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facility to be added should be included. The board may recommend |
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modifying a security zone as necessary to add the facility. The |
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board of a district that has four security zones may also recommend |
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adding a fifth security zone as necessary to add the new facility. |
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The recommendation must also note whether the security zone of any |
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facilities will change if the petition is granted. |
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(d) If any part of an assessment imposed by the board is |
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allocable to the facility to be added, the board must include with |
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the petition it forwards to the commissioners court a description |
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of the portion, amount, and terms of the assessment. |
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(e) The commissioners court shall grant the petition. |
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Sec. 68.403. MODIFICATION OF ORDER. A commissioners court |
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that adds territory under this subchapter shall modify the order |
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that created the district under Section 68.107 to: |
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(1) modify the territory; |
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(2) add the facility; |
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(3) describe any security zones created or modified |
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under this section, including the location of any facilities whose |
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zone has changed; |
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(4) identify the security zone in which the added |
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facility is located; and |
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(5) describe the portion, amount, and terms of payment |
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of an assessment imposed by the board that is allocable to the |
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facility. |
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Sec. 68.404. EXCLUSION OF TERRITORY AND FACILITIES BY |
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BOARD. (a) A board may petition the commissioners court of the |
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county that created the district to exclude territory from the |
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district that contains a facility. The petition must include a |
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finding by the board that excluding the territory is practical, |
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just, and desirable. |
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(b) The petition may include recommendations to: |
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(1) modify or eliminate a security zone, including |
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whether to change the location of any facilities that will remain in |
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the district, provided that the district may not have fewer than |
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four security zones; and |
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(2) modify assessments that the facility has not paid. |
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(c) The commissioners court: |
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(1) shall publish notice and conduct a hearing on the |
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petition under Sections 68.104 and 68.105; and |
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(2) may grant the petition if the commissioners court |
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finds that exclusion of the territory that contains the facility is |
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practical, just, and desirable. |
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(d) A commissioners court that excludes territory under |
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this section shall modify the order that created the district under |
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Section 68.107 to: |
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(1) modify the territory; |
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(2) exclude the facility; |
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(3) describe any security zones modified or eliminated |
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under this section, including the location of any facilities whose |
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zone has changed; and |
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(4) modify unpaid assessments, as applicable. |
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SECTION 12. Section 68.152, Water Code, as amended by this |
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Act, applies only to a director nominated on or after the effective |
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date of this Act. A director nominated before the effective date of |
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this Act is governed by the law in effect when the nomination was |
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made, and that law is continued in effect for that purpose. |
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SECTION 13. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |