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AN ACT
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relating to the rights, powers, functions, and duties of the West |
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Travis County Municipal Utility District No. 5. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6, Chapter 1214, Acts of the 71st |
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Legislature, Regular Session, 1989, is amended by adding |
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Subsections (c) and (d) to read as follows: |
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(c) In addition to the rights, powers, privileges, |
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authority, functions, and duties under Subsection (a) of this |
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section, the district has all of the rights, powers, privileges, |
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authority, functions, and duties relating to: |
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(1) road districts and road utility districts created |
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under Section 52, Article III, Texas Constitution; and |
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(2) supply and distribution facilities or systems to |
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provide potable and nonpotable water to the residents and |
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businesses of Travis and Hays Counties. |
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(d) Notwithstanding Subsection (c) of this section, the |
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district may not construct, acquire, maintain, or operate a toll |
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road. |
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SECTION 2. Chapter 1214, Acts of the 71st Legislature, |
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Regular Session, 1989, is amended by adding Section 6A to read as |
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follows: |
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Sec. 6A. LIMITATION ON USE OF EMINENT DOMAIN. The district |
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may not exercise the power of eminent domain outside the district to |
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acquire a site or easement for: |
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(1) a road project authorized by Section 6 of this Act; |
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or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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SECTION 3. (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 4. 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3743 was passed by the House on May |
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19, 2011, by the following vote: Yeas 148, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3743 on May 27, 2011, by the following vote: Yeas 142, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3743 was passed by the Senate, with |
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amendments, on May 25, 2011, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |