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A BILL TO BE ENTITLED
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AN ACT
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relating to voting by the qualified voters of a water or sewer |
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district wholly or partly annexed by a municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 43, Local Government Code, |
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is amended by adding Section 43.0711 to read as follows: |
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Sec. 43.0711. RIGHT OF VOTER OF WATER OR SEWER DISTRICT TO |
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VOTE IN CERTAIN MUNICIPAL ELECTIONS. (a) In this section, "water |
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or sewer district": |
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(1) means: |
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(A) a district or authority created under Article |
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III, Section 52, Subsections (b)(1) and (2), or under Article XVI, |
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Section 59, of the Texas Constitution that provides or proposes to |
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provide, as its principal function, water services or sewer |
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services or both to household users; or |
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(B) a municipal utility district operating under |
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Chapter 54, Water Code; and |
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(2) does not include a district or authority the |
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primary function of which is the wholesale distribution of water. |
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(b) A qualified voter of a water or sewer district, any |
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portion of which a municipality has annexed for full or limited |
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purposes, is entitled to vote in municipal elections regarding the |
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election or recall of members of the governing body of the |
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municipality, the election or recall of the controller, if the |
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office of controller is an elective position of the municipality, |
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and the amendment of the municipal charter, regardless of whether |
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the municipality has annexed the entire district or whether the |
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voter resides in an annexed portion of the district. To the extent |
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of a conflict between this section and another provision of this |
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code or the Water Code, this section controls. This section does |
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not apply to: |
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(1) an area in the water or sewer district that is |
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outside of the annexing municipality's extraterritorial |
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jurisdiction; or |
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(2) an area in the water or sewer district that is in |
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the overlapping extraterritorial jurisdiction of two or more |
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municipalities. |
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SECTION 2. The change in law made by this Act applies to a |
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municipal election ordered on or after the effective date of this |
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Act. A municipal election ordered before the effective date of this |
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Act is governed by the law in effect when the election was ordered, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. 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 December 1, 2017. |