83R8067 SLB-F

By: Hegar S.B. No. 1823

A BILL TO BE ENTITLED

AN ACT

relating to the administration, powers, and duties of the Fort Bend Municipal Utility District No. 134.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2.01(a), Chapter 1342, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows:

(a) The district is governed by a board of five directors [elected as provided by Section 2.04].

SECTION 2. Section 3.015(a), Chapter 1342, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows:

(a) To the extent authorized by Section 52, Article III, Texas Constitution, the district may construct, acquire, improve, maintain, or operate macadamized, graveled, or paved roads or turnpikes, or improvements in aid of those roads or turnpikes, including entrance and exit ramps to and from State Highway 99, also known as the Grand Parkway, inside the district.

SECTION 3. The heading to Section 7.03, Chapter 1342, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows:

SECTION 7.03. LAW GOVERNING DIVIDED DISTRICT; APPOINTMENT AND ELECTION OF DIRECTORS.

SECTION 4. Sections 7.03(a) and (e), Chapter 1342, Acts of the 77th Legislature, Regular Session, 2001, are amended to read as follows:

(a) A district resulting from a division under this article is a separate district and is governed as a separate district. This chapter applies to any new district created by the division of the district, and a new district has all the powers and duties of the district.

(e) Members of a [A] successor to the board of directors of a district resulting from a division under this article shall be elected on the uniform election date in May of each even-numbered year [as provided by Section 2.04 of this Act].

SECTION 5. The following sections of Chapter 1342, Acts of the 77th Legislature, Regular Session, 2001, are repealed:

(1) Section 2.01(c);

(2) Section 2.04;

(3) Section 2.05(b);

(4) Section 2.10;

(5) Section 5.05; and

(6) Section 9.02.

SECTION 6. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

(d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTION 7. A board of directors of a district created by the division of the Fort Bend County Municipal Utility District No. 134 shall hold an election on the uniform election date in May 2014. At that election, all board member positions for which the terms expire in an odd-numbered year will be up for election. The board members elected for a district shall cast lots to determine or otherwise decide among themselves which two shall serve two-year terms and which three shall serve four-year terms to reestablish the staggering of terms required by Section 2.01(b), Chapter 1342, Acts of the 77th Legislature, Regular Session, 2001.

SECTION 8. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.