INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Subtitle F, Title
6, Special District Local Laws Code, is amended by adding Chapter 8492 to
read as follows:
CHAPTER 8492. COTTON
CENTER MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 8492.001.
DEFINITIONS.
Sec. 8492.002. NATURE OF
DISTRICT.
Sec. 8492.003. CONFIRMATION
AND DIRECTORS' ELECTION REQUIRED.
Sec. 8492.004. CONSENT OF
MUNICIPALITY REQUIRED.
Sec. 8492.005. FINDINGS
OF PUBLIC PURPOSE AND BENEFIT.
Sec. 8492.006. INITIAL
DISTRICT TERRITORY.
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SECTION 1. Subtitle F, Title
6, Special District Local Laws Code, is amended by adding Chapter 8492 to
read as follows:
CHAPTER 8492. COTTON
CENTER MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 8492.001.
DEFINITIONS.
Sec. 8492.002. NATURE OF
DISTRICT. Sec. 8492.003. CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.
Sec. 8492.004. CONSENT OF
MUNICIPALITY REQUIRED.
Sec. 8492.005. FINDINGS
OF PUBLIC PURPOSE AND BENEFIT.
Sec. 8492.006. INITIAL
DISTRICT TERRITORY.
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SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 8492.051. GOVERNING
BODY; TERMS.
Sec. 8492.052. TEMPORARY
DIRECTORS. (a) On or after the effective
date of the Act enacting this chapter, the owner or owners of a majority of
the assessed value of the real property in the district may submit a
petition to the commission requesting that the commission appoint as
temporary directors the five persons named in the petition. The commission
shall appoint as temporary directors the five persons named in the
petition.
(b) Temporary directors
serve until the earlier of:
(1) the date permanent
directors are elected under Section 8492.003; or
(2) the fourth
anniversary of the effective date of the Act enacting this chapter.
(c) If permanent
directors have not been elected under Section 8492.003 and the terms of the
temporary directors have expired, successor temporary directors shall be
appointed or reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent
directors are elected under Section 8492.003; or
(2) the fourth
anniversary of the date of the appointment or reappointment.
(d) If Subsection (c)
applies, the owner or owners of a majority of the assessed value of the
real property in the district may submit a petition to the commission
requesting that the commission appoint as successor temporary directors the
five persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the petition.
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SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 8492.051. GOVERNING
BODY; TERMS.
Sec. 8492.052. TEMPORARY
DIRECTORS. (a) The temporary board
consists of:
(1) Angela Fulcher;
(2) Julie Dolby Casner;
(3) Laurie Gosda;
(4) Sandra Wood; and
(5) Cheri D. Hisaw.
(b) Temporary directors
serve until the earlier of:
(1) the date permanent
directors are elected under Section 8492.003; or
(2) the fourth
anniversary of the effective date of the Act enacting this chapter.
(c) If permanent
directors have not been elected under Section 8492.003 and the terms of the
temporary directors have expired, successor temporary directors shall be
appointed or reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent
directors are elected under Section 8492.003; or
(2) the fourth
anniversary of the date of the appointment or reappointment.
(d) If Subsection (c)
applies, the owner or owners of a majority of the assessed value of the
real property in the district may submit a petition to the commission
requesting that the commission appoint as successor temporary directors the
five persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the petition.
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SUBCHAPTER C. POWERS AND
DUTIES
Sec. 8492.101. GENERAL
POWERS AND DUTIES.
Sec. 8492.102. MUNICIPAL
UTILITY DISTRICT POWERS AND DUTIES.
Sec. 8492.103. AUTHORITY
FOR ROAD PROJECTS.
Sec. 8492.104. ROAD
STANDARDS AND REQUIREMENTS.
Sec. 8492.105. COMPLIANCE
WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION.
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SUBCHAPTER C. POWERS AND
DUTIES
Sec. 8492.101. GENERAL
POWERS AND DUTIES.
Sec. 8492.102. MUNICIPAL
UTILITY DISTRICT POWERS AND DUTIES.
Sec. 8492.103. AUTHORITY
FOR ROAD PROJECTS.
Sec. 8492.104. ROAD
STANDARDS AND REQUIREMENTS.
Sec. 8492.105. COMPLIANCE
WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION.
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SUBCHAPTER D. DIVISION OF
DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8492.151. DIVISION
OF DISTRICT; PREREQUISITES.
Sec. 8492.152. LAW
APPLICABLE TO NEW DISTRICT.
Sec. 8492.153. LIMITATION
ON AREA OF NEW DISTRICT.
Sec. 8492.154. DIVISION
PROCEDURES.
Sec. 8492.155.
CONFIRMATION ELECTION FOR NEW DISTRICT.
Sec. 8492.156. TAX OR
BOND ELECTION.
Sec. 8492.157. MUNICIPAL
CONSENT.
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SUBCHAPTER D. DIVISION OF
DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8492.151. DIVISION
OF DISTRICT; PREREQUISITES.
Sec. 8492.152. LAW
APPLICABLE TO NEW DISTRICT.
Sec. 8492.153. LIMITATION
ON AREA OF NEW DISTRICT.
Sec. 8492.154. DIVISION
PROCEDURES.
Sec. 8492.155.
CONFIRMATION ELECTION FOR NEW DISTRICT.
Sec. 8492.156. TAX OR
BOND ELECTION.
Sec. 8492.157. MUNICIPAL
CONSENT.
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SUBCHAPTER E. GENERAL
FINANCIAL PROVISIONS
Sec. 8492.201. ELECTIONS
REGARDING TAXES OR BONDS.
Sec. 8492.202. OPERATION
AND MAINTENANCE TAX.
Sec. 8492.203. CONTRACT
TAXES.
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SUBCHAPTER E. GENERAL
FINANCIAL PROVISIONS
Sec. 8492.201. ELECTIONS
REGARDING TAXES OR BONDS.
Sec. 8492.202. OPERATION
AND MAINTENANCE TAX.
Sec. 8492.203. CONTRACT
TAXES.
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SUBCHAPTER F. BONDS AND
OTHER OBLIGATIONS
Sec. 8492.251. AUTHORITY
TO ISSUE BONDS AND OTHER OBLIGATIONS.
Sec. 8492.252. TAXES FOR
BONDS.
Sec. 8492.253. BONDS FOR
ROAD PROJECTS.
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SUBCHAPTER F. BONDS AND
OTHER OBLIGATIONS
Sec. 8492.251. AUTHORITY
TO ISSUE BONDS AND OTHER OBLIGATIONS.
Sec. 8492.252. TAXES FOR
BONDS.
Sec. 8492.253. BONDS FOR
ROAD PROJECTS.
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SECTION 2. Establishes the
boundaries of the Cotton Center Municipal Utility District No. 1.
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SECTION 2. Same as introduced
version.
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SECTION 3. (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.
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SECTION 3. Same as introduced
version.
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SECTION 4. (a) If this Act
does not receive a two-thirds vote of all the members elected to each
house, Subchapter C, Chapter 8492, Special District Local Laws Code, as
added by Section 1 of this Act, is amended by adding Section 8492.106 to
read as follows:
Sec. 8492.106. NO EMINENT
DOMAIN POWER. The district may not exercise the power of eminent domain.
(b) This section is not intended
to be an expression of a legislative interpretation of the requirements of
Section 17(c), Article I, Texas Constitution.
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SECTION 4. Same as introduced
version.
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SECTION 5. 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, 2015.
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SECTION 5. Same as introduced
version.
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