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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Westwood Management District; |
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providing authority to issue bonds; providing authority to impose |
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fees or taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3917 to read as follows: |
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CHAPTER 3917. WESTWOOD MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3917.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of League City. |
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(3) "County" means Galveston County. |
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(4) "Director" means a board member. |
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(5) "District" means the Westwood Management |
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District. |
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Sec. 3917.002. PRECONDITION; EXPIRATION. (a) The district |
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may not exercise any powers under this chapter until each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located has consented by ordinance or |
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resolution to the creation of the district and to the inclusion of |
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land in the district. |
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(b) This chapter, including Section 3917.055, expires |
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September 1, 2015, if any municipality described by Subsection (a) |
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has not consented to the creation of the district and the inclusion |
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of land in the district by that date. |
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Sec. 3917.003. NATURE OF DISTRICT. The Westwood Management |
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District is a special district created under Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 3917.004. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the city, the |
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county, and other political subdivisions to contract with the |
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district, the legislature has established a program to accomplish |
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the public purposes set out in Section 52-a, Article III, Texas |
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Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the city or the county from providing the |
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level of services provided as of the effective date of the Act |
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enacting this chapter to the area in the district. The district is |
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created to supplement and not to supplant city or county services |
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provided in the district. |
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Sec. 3917.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; and |
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(3) developing or expanding transportation and |
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commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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and |
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(4) provide for water, wastewater, drainage, road, and |
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recreational facilities for the district. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3917.006. 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 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 bonds 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 bonds; |
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(3) right to impose or collect a tax; or |
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(4) legality or operation. |
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Sec. 3917.007. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES; |
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AGREEMENTS. (a) All or any part of the area of the district is |
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eligible to be included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code; or |
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(4) a district created under Chapter 42, Local |
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Government Code, that has the same or similar powers, duties, and |
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authority as the district created under this chapter. |
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(b) The district may enter into an agreement with a district |
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described by Subsection (a)(4) to coordinate services and |
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improvement projects. |
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Sec. 3917.008. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3917.009. CONSTRUCTION OF CHAPTER. This chapter shall |
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be liberally construed in conformity with the findings and purposes |
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stated in this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3917.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five directors who serve staggered terms of |
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four years, with two or three directors' terms expiring June 1 of |
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each odd-numbered year. |
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(b) The board by resolution or the governing body of the |
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city by resolution or ordinance may change the number of directors |
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on the board if the board determines that the change is in the best |
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interest of the district. The board may not consist of fewer than |
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five or more than seven directors. |
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Sec. 3917.052. APPOINTMENT OF DIRECTORS. The mayor and |
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members of the governing body of the city shall appoint directors |
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from persons recommended by the board. A person is appointed if a |
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majority of those members and the mayor vote to appoint that person. |
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Sec. 3917.053. QUORUM. For purposes of determining the |
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requirements for a quorum of the board, the following are not |
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counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; or |
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(2) a director who is abstaining from participation in |
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a vote because of a conflict of interest. |
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Sec. 3917.054. COMPENSATION. A director is entitled to |
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receive fees of office and reimbursement for actual expenses as |
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provided by Section 49.060, Water Code. Sections 375.069 and |
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375.070, Local Government Code, do not apply to the board. |
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Sec. 3917.055. INITIAL DIRECTORS. (a) The initial board |
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consists of the following directors: |
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Pos. No. Name of Director |
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1 |
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2 |
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3 |
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4 |
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5 |
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(b) Of the initial directors, the terms of directors |
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appointed for positions one and two expire June 1, 2015, and the |
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terms of directors appointed for positions three through five |
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expire June 1, 2017. |
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(c) Section 3917.052 does not apply to this section. |
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(d) This section expires September 1, 2019. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3917.101. 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. 3917.102. IMPROVEMENT PROJECTS AND SERVICES. The |
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district may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service using any money available to the district, or contract with |
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a governmental or private entity to provide, design, construct, |
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acquire, improve, relocate, operate, maintain, or finance an |
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improvement project or service authorized under this chapter or |
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Chapter 375, Local Government Code. |
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Sec. 3917.103. DEVELOPMENT CORPORATION AND DISTRICT |
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POWERS. The district, using money available to the district, may |
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exercise the powers given to a development corporation under |
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Chapter 505, Local Government Code, and a municipal development |
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district under Chapter 377, Local Government Code, including the |
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power to own, operate, acquire, construct, lease, improve, or |
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maintain a project under those chapters. |
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Sec. 3917.104. AGREEMENTS; GRANTS. (a) As provided by |
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Chapter 375, Local Government Code, the district may make an |
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agreement with or accept a gift, grant, or loan from any person. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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(c) The board may enter into a contract with the board of |
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directors of a tax increment reinvestment zone created under |
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Chapter 311, Tax Code, that has territory within or bordering the |
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district and the governing body of the municipality or county that |
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created the zone to manage the zone or implement the project plan |
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and reinvestment zone financing plan. |
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Sec. 3917.105. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, the district may contract with a qualified party, |
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including the county or the city, to provide law enforcement |
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services in the district for a fee. |
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Sec. 3917.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3917.107. ECONOMIC DEVELOPMENT. (a) The district may |
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engage in activities that accomplish the economic development |
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purposes of the district. |
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(b) The district may establish and provide for the |
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administration of one or more programs to promote state or local |
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economic development and to stimulate business and commercial |
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activity in the district, including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(c) The district may create economic development programs |
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and exercise the economic development powers that: |
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(1) Chapter 380, Local Government Code, provides to a |
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municipality; and |
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(2) Subchapter A, Chapter 1509, Government Code, |
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provides to a municipality. |
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Sec. 3917.108. ANNEXATION OR EXCLUSION OF LAND. (a) The |
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district may annex land as provided by Subchapter J, Chapter 49, |
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Water Code. |
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(b) The district may exclude land as provided by Subchapter |
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J, Chapter 49, Water Code. Section 375.044(b), Local Government |
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Code, does not apply to the district. |
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Sec. 3917.109. APPROVAL BY CITY. (a) The district must |
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obtain the approval of the city for: |
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(1) the issuance of bonds; and |
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(2) the plans and specifications of an improvement |
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project related to the use of land owned by the city, an easement |
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granted to the city, or a right-of-way of a street, road, or |
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highway. |
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(b) The district may not issue bonds until the governing |
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body of the city adopts a resolution or ordinance authorizing the |
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issuance of the bonds. |
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(c) The governing body of the city: |
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(1) is not required to adopt a resolution or ordinance |
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to approve plans and specifications described by Subsection (a); |
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and |
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(2) may establish an administrative process to approve |
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plans and specifications described by Subsection (a) without the |
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involvement of the governing body. |
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Sec. 3917.110. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3917.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of district money. |
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Sec. 3917.152. MONEY USED FOR IMPROVEMENT PROJECTS OR |
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SERVICES. The district may acquire, construct, finance, operate, |
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or maintain an improvement project or service authorized under this |
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chapter or Chapter 375, Local Government Code, using any money |
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available to the district. |
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Sec. 3917.153. ASSESSMENTS NOT AUTHORIZED. (a) The |
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district may not impose an assessment. |
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(b) Subchapter F, Chapter 375, Local Government Code, does |
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not apply to the district. |
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Sec. 3917.154. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
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375.161, Local Government Code, does not apply to a tax approved by |
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the district voters or a required payment for service provided by |
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the district, including water and sewer services. |
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Sec. 3917.155. COMPETITIVE BIDDING. Subchapter I, Chapter |
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49, Water Code, applies to the district. Sections 375.221 and |
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375.223, Local Government Code, do not apply to the district. |
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Sec. 3917.156. PROJECT DEVELOPMENT AGREEMENT REQUIRED TO |
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IMPOSE TAXES OR BORROW MONEY, INCLUDING BONDS. Before the district |
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may issue bonds, impose taxes, or borrow money, the district and the |
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city must negotiate and execute a mutually approved and accepted |
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interlocal project development agreement regarding the development |
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plans and rules for: |
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(1) the development and operation of the district; and |
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(2) the financing of improvement projects. |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3917.201. ELECTIONS REGARDING TAXES AND BONDS. (a) |
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The district may issue, without an election, bonds, notes, and |
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other 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 3917.253. |
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(b) The district must hold an election in the manner |
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provided by Subchapter L, Chapter 375, Local Government Code, to |
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obtain voter approval before the district may impose an ad valorem |
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tax or issue bonds payable from ad valorem taxes. |
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(c) Section 375.243, Local Government Code, does not apply |
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to the district. |
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(d) All or any part of any facilities or improvements that |
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may be acquired by a district by the issuance of its bonds may be |
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submitted as a single proposition or as several propositions to be |
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voted on at the election. |
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Sec. 3917.202. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized by a majority of the district voters voting at an |
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election held in accordance with Section 3917.201, the district may |
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impose an operation and maintenance tax on taxable property in the |
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district in accordance with Section 49.107, Water Code, for any |
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district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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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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(c) Section 49.107(h), Water Code, does not apply to the |
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district. |
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Sec. 3917.203. 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. 3917.204. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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BONDS. (a) The district may borrow money on terms determined by |
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the board. Section 375.205, Local Government Code, does not apply |
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to a loan, line of credit, or other borrowing from a bank or |
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financial institution secured by revenue other than ad valorem |
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taxes. |
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(b) The district may issue bonds, notes, or other |
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obligations payable wholly or partly from ad valorem taxes, impact |
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fees, revenue, contract payments, grants, or other district money, |
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or any combination of those sources of money, to pay for any |
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authorized district purpose. |
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Sec. 3917.205. 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 annual ad valorem tax, without limit as to rate or amount, |
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for each year that all or part of the bonds are outstanding as |
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required and in the manner provided by Sections 54.601 and 54.602, |
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Water Code. |
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Sec. 3917.206. BONDS FOR RECREATIONAL FACILITIES. The |
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limitation on the outstanding principal amount of bonds, notes, and |
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other obligations provided by Section 49.4645, Water Code, does not |
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apply to the district. |
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Sec. 3917.207. CITY NOT REQUIRED TO PAY DISTRICT |
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OBLIGATIONS. Except as provided by Section 375.263, Local |
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Government Code, the city is not required to pay a bond, note, or |
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other obligation of the district. |
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SUBCHAPTER F. DISSOLUTION |
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Sec. 3917.251. DISSOLUTION OF DISTRICT WITH OUTSTANDING |
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DEBT. (a) The district may be dissolved as provided by Subchapter |
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M, Chapter 375, Local Government Code, except that Section 375.264, |
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Local Government Code, does not apply to the district. |
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(b) The board may dissolve the district regardless of |
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whether the district has debt. |
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(c) If the district has debt when it is dissolved, the |
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district shall remain in existence solely for the purpose of |
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discharging its debts. The dissolution is effective when all debts |
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have been discharged. |
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SECTION 2. The Westwood Management District initially |
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includes all territory contained in the following area: |
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[[[Boundaries to be determined]]] |
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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, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(d) The general law relating to consent by political |
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subdivisions to the creation of districts with conservation, |
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reclamation, and road powers and the inclusion of land in those |
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districts has been complied with. |
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(e) 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 have been |
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fulfilled 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, 2013. |