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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 certain public improvement |
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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 382.002, Local Government Code, is |
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amended to read as follows: |
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Sec. 382.002. APPLICABILITY. This chapter applies only to: |
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(1) a county with a population of 1.2 million |
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[825,000] or more, other than a county that: |
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(A) borders on the Gulf of Mexico or a bay or |
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inlet of the gulf; or |
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(B) has two municipalities located wholly or |
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partly in its boundaries each having a population of 225,000 |
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[300,000] or more; or |
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(2) a county with a population of 70,000 or more that |
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is adjacent to a county described by Subdivision (1) in which a |
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municipality with a population of 35,000 or more is primarily |
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situated and includes all or a part of the extraterritorial |
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jurisdiction of a municipality with a population of 1.1 million or |
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more. |
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SECTION 2. Subchapter C, Chapter 382, Local Government |
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Code, is amended by adding Section 382.113 to read as follows: |
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Sec. 382.113. ANNEXATION OR EXCLUSION OF LAND. (a) A |
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district may annex or exclude land from the district as provided by |
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Subchapter J, Chapter 49, Water Code. |
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(b) Before a district may adopt an order adding or excluding |
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land, the district must obtain the consent of: |
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(1) the county that created the district by a |
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resolution of the county commissioners court; and |
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(2) if powers have been delegated under Section |
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382.101(c), a municipality in which the district is located by a |
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resolution adopted by the municipality's governing body. |
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SECTION 3. Section 382.153(c), Local Government Code, is |
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amended to read as follows: |
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(c) A county must adopt an order providing whether a |
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district has the authority to impose a hotel occupancy tax, sales |
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and use tax, or ad valorem tax, and must provide the maximum rate at |
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which the district may impose the tax. [A tax rate approved by the
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commissioners court and pledged to secure bonds, notes, grant
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agreements, or development agreements may not be reduced until the
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obligations of those instruments have been satisfied.] |
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SECTION 4. (a) The legislature validates and confirms all |
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governmental acts and proceedings before the effective date of this |
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Act of a district created under Chapter 382, Local Government Code, |
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transferred from Subchapter C, Chapter 372, Local Government Code, |
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by Chapter 87 (S.B. 1969), Acts of the 81st Legislature, Regular |
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Session, 2009, before the effective date of this Act, including |
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acts of the district's board of directors. |
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(b) Subsection (a) does not apply to a matter that on the |
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effective date of this Act: |
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(1) is involved in litigation, if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 5. 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. |