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A BILL TO BE ENTITLED
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AN ACT
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relating to certain water districts that do not provide water and |
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sanitary sewer service to certain users in the districts' |
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territory. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 43.0761(a) and (b), Local Government |
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Code, are amended to read as follows: |
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(a) A district existing on September 1, 1997, that, within |
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10 years after the date of its creation, has not provided water and |
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sanitary sewer utility service from its facilities to all household |
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users in its territory shall: |
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(1) provide water and sanitary sewer utility service |
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from its facilities to all household users in its territory not |
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later than September 1, 1998; or |
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(2) for that part of the district for which the |
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district does not provide water and sanitary sewer utility service, |
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and for which one or more of a municipality or conservation and |
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reclamation district created as a governmental agency and body |
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politic and corporate under Section 59, Article XVI, Texas |
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Constitution, does provide all or part of those services, provide |
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for periodic payments, as described by Subsection (b), by the |
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district to the municipality or governmental agency that provides |
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the services. |
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(b) Payments made under Subsection (a)(2) are operation and |
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maintenance expenses of the district and shall be made at least |
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every three months. The total annual amount of the payments may not |
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exceed the lesser of: |
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(1) the total aggregate annual costs to any [cost to
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the] municipality or governmental agency of providing the water and |
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sanitary sewer utility service, including both capital and |
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operation and maintenance costs and expenses; or |
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(2) the total annual amount of maintenance and |
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operation taxes and debt service or bond taxes paid to the district |
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by the owners of taxable property within the district that receives |
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water and sanitary sewer utility service from one or more |
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municipalities or governmental agencies [the municipality]. |
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SECTION 2. 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. |