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A BILL TO BE ENTITLED
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relating to the creation of the Montgomery County Municipal Utility |
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District No. 140; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8425 to read as follows: |
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CHAPTER 8425. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT |
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NO. 140 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8425.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Montgomery County Municipal |
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Utility District No. 140. |
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Sec. 8425.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8425.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8425.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8425.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8425.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8425.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8425.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8425.052, directors serve |
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staggered four-year terms. |
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Sec. 8425.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8425.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8425.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8425.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8425.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8425.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8425.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8425.104. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8425.105. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8425.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8425.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8425.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8425.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8425.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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Sec. 8425.154. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if: |
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(1) the district has no outstanding bonded debt; |
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(2) the district is not imposing ad valorem taxes; and |
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(3) the requirement of Subsection (i) is satisfied. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8425.151 to authorize the district's bonds. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8425.003. |
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(i) If the district is located wholly or partly in the |
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corporate limits or the extraterritorial jurisdiction of a |
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municipality, the district may not divide under this subchapter |
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unless the municipality by resolution or ordinance consents to the |
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division of the district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8425.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8425.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8425.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Montgomery County Municipal Utility District |
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No. 140 initially includes all the territory contained in the |
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following area: |
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BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING |
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1207.52 ACRES OF LAND SITUATED IN THE WILLIAM VINCE SURVEY, |
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ABSTRACT No. 581, MONTGOMERY COUNTY, TEXAS, AND SAME BEING ALL OF A |
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CALLED 906.6 ACRE TRACT AS RECORDED IN VOLUME 593, PAGE 232, DEED |
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RECORDS MONTGOMERY COUNTY, TEXAS, ALL OF A CALLED 152.5 ACRE TRACT |
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AS RECORDED IN VOLUME 1106, PAGE 729 DEED RECORDS MONTGOMERY |
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COUNTY, TEXAS AND ALL OF A CALLED 152.5 ACRE TRACT AS RECORDED IN |
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VOLUME 467, PAGE 617 DEED RECORDS MONTGOMERY COUNTY, TEXAS; SAID |
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1207.52 ACRE TRACT BEING THE SAME CALLED 1207.816 ACRE TRACT AS |
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RECORDED IN FILM CODE No. 370-00-1195 REAL PROPERTY RECORDS |
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MONTGOMERY COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY |
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METES AND BOUNDS AS FOLLOWS, TO-WIT: |
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BEGINNING at a fence corner found for an interior corner of a |
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called 1656 acre tract as recorded in Montgomery County Clerk's |
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File No. 9521239, same being the northeast corner of said 906.6 acre |
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tract, and this herein described tract; |
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THENCE South 20 degrees 59 minutes 02 seconds East, a |
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distance of 8513.69 feet with the east line of said William Vince |
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Survey, same being the west line of the B.B.B. and C. R.R. Co. |
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Survey, Abstract No. 112, and the west line of said 1656 acre tract, |
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to a 5/8 inch iron rod found in the north margin of a 170 foot wide |
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drainage easement as recorded in Montgomery County Clerk's File No. |
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9519948 for the southeast corner of said 906.6 acre tract and this |
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herein described tract; |
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THENCE South 89 degrees 52 minutes 51 seconds West, a |
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distance of 7796.46 feet with the south line of said William Vince |
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Survey, same being the north line of the George Mason Survey, |
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Abstract No. 341 and said 170 wide drainage easement to a 5/8 inch |
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iron rod set in the east bank of the San Jacinto River (West Fork) |
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for the southwest corner of said 906.6 acre tract and this herein |
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described tract; |
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THENCE along the east bank of said San Jacinto River with the |
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following meanders: |
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THENCE North 11 degrees 49 minutes 12 seconds East, a |
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distance of 380.67 feet; |
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THENCE North 01 degrees 16 minutes 09 seconds West, a |
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distance of 394.82 feet; |
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THENCE North 23 degrees 09 minutes 19 seconds West, a |
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distance of 960.49 feet; |
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THENCE North 04 degrees 50 minutes 29 seconds West, a |
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distance of 412.43 feet to a 5/8 inch iron rod set on the east bank |
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of said San Jacinto River, for the southwest corner of a called 250 |
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acre tract as recorded in Volume 969, Page 543 Deed Records |
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Montgomery County, Texas, and same the upper southwest corner of |
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this herein described tract; |
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THENCE South 88 degrees 25 minutes 24 seconds East, a |
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distance of 1039.87 feet to a 3 inch iron pipe found for the |
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southeast corner of said 250 acre tract, the southwest corner of |
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said 152.5 acre tract as recorded in Volume 467, Page 617 Deed |
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Records Montgomery County, Texas, and same being an interior corner |
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of this herein described tract; |
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THENCE North 00 degrees 50 minutes 54 seconds East, a |
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distance of 4030.78 feet to a 3 inch iron pipe found for the |
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northeast corner of said 250 acre tract, the northwest corner of |
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said 152.5 acre tract, and same being an interior corner of this |
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herein described tract; |
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THENCE South 89 degrees 51 minutes 21 seconds West, a |
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distance of 3693.92 feet to a 5/8 inch iron rod set on the east bank |
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of said San Jacinto River for the northwest corner of said 250 acre |
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tract and same being the lower northwest corner of this herein |
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described tract; |
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THENCE along the east bank of said San Jacinto River with the |
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following meanders: |
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THENCE North 21 degrees 09 minutes 03 seconds East, a |
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distance of 471.62 feet; |
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THENCE North 03 degrees 09 minutes 38 seconds East, a |
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distance of 208.42 feet; |
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THENCE North 11 degrees 23 minutes 43 seconds West, a |
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distance of 330.30 feet; |
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THENCE North 07 degrees 42 minutes 59 seconds West, a |
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distance of 240.75 feet; |
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THENCE North 24 degrees 03 minutes 52 seconds West, a |
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distance of 409.87 feet; |
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THENCE North 26 degrees 49 minutes 19 seconds West, a |
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distance of 335.54 feet to a 5/8 inch iron rod set on the east bank |
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of said San Jacinto River for the northwest corner of said 906.6 |
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acre tract, same being the northwest corner of this herein |
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described tract; |
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THENCE North 89 degrees 48 minutes 05 seconds East, with the |
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north line of said William Vince Survey, same being the south line |
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of the Allen Vince Survey, Abstract No. 52, the south line of a |
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called 92.181 acre tract as recorded in Montgomery County Clerk's |
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File No. 2002-091442, the south line of a called 55.08 acre tract as |
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recorded in Montgomery County Clerk's File No. 8337280, the south |
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line of the Wiatt Anderson Survey, Abstract No. 53, the south line |
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of a called 140.68 acre tract as recorded in Montgomery County |
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Clerk's File No. 8337280, the south line of Porter Heights, Section |
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1, as recorded in Volume 5, Page 339 Map Records Montgomery County, |
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Texas, and the south line of Porter Heights, Section 2, as recorded |
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in Volume 7, Page 259 Map Records Montgomery County, Texas a |
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distance of 7920.14 feet to the PLACE OF BEGINNING and containing |
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1207.52 acres. |
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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. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
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8425, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 8425.106 to read as follows: |
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Sec. 8425.106. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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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, 2013. |