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A BILL TO BE ENTITLED
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AN ACT
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relating to exempting certain water districts from review and |
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supervision by the Texas Commission on Environmental Quality of |
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district bond packages and projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 49.181(h), Water Code, is amended to |
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read as follows: |
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(h) This section does not apply to: |
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(1) a district if: |
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(A) the district's boundaries include one entire |
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county; |
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(B) the district was created by a special Act of |
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the legislature and: |
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(i) the district is located entirely within |
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one county; |
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(ii) the district is located entirely |
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within one or more home-rule municipalities; |
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(iii) the total taxable value of the real |
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property and improvements to the real property zoned by one or more |
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home-rule municipalities for residential purposes and located |
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within the district does not exceed 25 percent of the total taxable |
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value of all taxable property in the district, as shown by the most |
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recent certified appraisal tax roll prepared by the appraisal |
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district for the county; and |
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(iv) the district was not required by law to |
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obtain commission approval of its bonds before the effective date |
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of this section; |
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(C) the district is a special water authority; |
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(D) the district is governed by a board of |
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directors appointed in whole or in part by the governor, a state |
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agency, or the governing body or chief elected official of a |
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municipality or county and does not provide, or propose to provide, |
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water, sewer, drainage, reclamation, or flood control services to |
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residential retail or commercial customers as its principal |
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function; |
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(E) the district on September 1, 2003: |
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(i) is a municipal utility district that |
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includes territory in only two counties; |
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(ii) has outstanding long-term |
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indebtedness that is rated BBB or better by a nationally recognized |
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rating agency for municipal securities; and |
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(iii) has at least 5,000 active water |
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connections; [or] |
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(F) the district: |
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(i) is a conservation and reclamation |
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district created under Section 59, Article XVI, Texas Constitution, |
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that includes territory in at least three counties; and |
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(ii) has the rights, powers, privileges, |
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and functions applicable to a river authority under Chapter 30; or |
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(G) the district is a special utility district |
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created or converted under Chapter 65; or |
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(2) a public utility agency created under Chapter 572, |
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Local Government Code, any of the public entities participating in |
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which are districts if at least one of those districts is a district |
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described by Subdivision (1)(E). |
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SECTION 2. Section 49.182, Water Code, is amended by adding |
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Subsection (f) to read as follows: |
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(f) This section does not apply to a special utility |
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district created or converted under Chapter 65. |
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SECTION 3. The change in law made by this Act applies only |
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to bonds issued on or after the effective date of this Act. Bonds |
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issued before the effective date of this Act are governed by the law |
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in effect on the date the bonds were issued, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |