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A BILL TO BE ENTITLED
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AN ACT
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relating to changes in participation in public utility agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 572.051(1), Local Government Code, is |
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amended to read as follows: |
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(1) "Concurrent ordinance" means an ordinance or |
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resolution adopted under this subchapter by two or more public |
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entities [that relates to the creation or re-creation of a public
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utility agency]. |
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SECTION 2. Section 572.053, Local Government Code, is |
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amended to read as follows: |
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Sec. 572.053. CHANGES IN PUBLIC ENTITIES PARTICIPATING IN |
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[RE-CREATION OF] PUBLIC UTILITY AGENCY. The public entities that |
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participate in [create] a public utility agency may by concurrent |
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ordinances add [re-create the agency by adding or deleting, or
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both,] a public entity to, or delete a public entity from, |
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participation in the public utility agency. |
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SECTION 3. Section 572.054(a), Local Government Code, is |
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amended to read as follows: |
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(a) The governing body of each public entity shall publish |
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notice of its intention to create or be added to a public utility |
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agency in a newspaper of general circulation in the county in which |
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the entity is domiciled. |
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SECTION 4. Section 572.055, Local Government Code, is |
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amended to read as follows: |
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Sec. 572.055. CONTENTS OF CONCURRENT ORDINANCE. A |
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concurrent ordinance creating a public utility agency under Section |
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572.052 or changing the public entities participating in |
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[re-creating] an agency under Section 572.053 must, as adopted by |
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each public entity: |
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(1) contain identical provisions; |
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(2) define the boundaries of the agency to include the |
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territory within the boundaries of each participating public entity |
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as the boundaries are changed periodically; |
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(3) designate the name of the agency; and |
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(4) designate the number, place, initial term, and |
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manner of appointment of directors in accordance with Section |
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572.057. |
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SECTION 5. Section 572.056(a), Local Government Code, is |
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amended to read as follows: |
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(a) If, before the date set for the adoption of a concurrent |
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ordinance that creates or adds a public entity to the public agency, |
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10 percent of the registered voters of a public entity present a |
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petition to the governing body of the entity requesting that a |
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referendum be called, the ordinance may not take effect unless a |
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majority of the qualified voters of the entity voting in the |
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election have approved the ordinance. |
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SECTION 6. Sections 572.053, 572.054, 572.055, and 572.056, |
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Local Government Code, as amended by this Act, apply only to a |
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public entity that participates in a public utility agency created |
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or changed on or after the effective date of this Act. |
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SECTION 7. 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. |