INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 1(a),
Chapter 323, Acts of the 78th Legislature, Regular Session, 2003, is
amended.
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SECTION 1. Same as introduced
version.
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SECTION 2. Section 2,
Chapter 323, Acts of the 78th Legislature, Regular Session, 2003, is
amended.
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SECTION 2. Same as introduced
version.
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SECTION 3. Sections 3(a) and
(b), Chapter 323, Acts of the 78th Legislature, Regular Session, 2003, are
amended.
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SECTION 3. Same as introduced
version.
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SECTION 4. Chapter 323, Acts
of the 78th Legislature, Regular Session, 2003, is amended.
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SECTION 4. Same as introduced
version.
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SECTION 5. Section 5,
Chapter 323, Acts of the 78th Legislature, Regular Session, 2003, is
amended to read as follows:
Sec. 5. FINDINGS RELATING TO
BOUNDARIES. The boundaries and field notes of the district as described
by Section 4A of this Act form a closure. A mistake in the field notes
or in copying the field notes in the legislative process does not in any
way affect the district's:
(1) organization, existence,
or validity;
(2) right to enter any type
of contract for the purpose for
which the district is created;
(3) right to impose or
collect an assessment or tax; or
(4) legality or operation.
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SECTION 5. Section 5,
Chapter 323, Acts of the 78th Legislature, Regular Session, 2003, is
amended to read as follows:
Sec. 5. FINDINGS RELATING TO
BOUNDARIES. The boundaries and field notes of the district as described
by Section 4A of this Act form a closure. A mistake in the field notes
or in copying the field notes in the legislative process does not in any
way affect the district's:
(1) organization, existence,
or validity;
(2) right to enter any type
of contract for a purpose for
which the district is created;
(3) right to impose or
collect an assessment or tax; or
(4) legality or operation.
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SECTION 6. Section 6(b),
Chapter 323, Acts of the 78th Legislature, Regular Session, 2003, is
amended.
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SECTION 6. Same as introduced
version.
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SECTION 7. Section 9,
Chapter 323, Acts of the 78th Legislature, Regular Session, 2003, is amended.
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SECTION 7. Same as introduced
version.
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SECTION 8. Section 10(a),
Chapter 323, Acts of the 78th Legislature, Regular Session, 2003, is
amended.
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SECTION 8. Same as introduced
version.
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SECTION 9. Chapter 323, Acts
of the 78th Legislature, Regular Session, 2003, is amended.
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SECTION 9. Same as introduced
version.
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SECTION 10. Section 13,
Chapter 323, Acts of the 78th Legislature, Regular Session, 2003, is
amended.
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SECTION 10. Same as
introduced version.
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SECTION 11. Section 18(b),
Chapter 323, Acts of the 78th Legislature, Regular Session, 2003, is
amended.
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SECTION 11. Same as
introduced version.
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SECTION 12. Chapter 323,
Acts of the 78th Legislature, Regular Session, 2003, is amended.
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SECTION 12. Same as
introduced version.
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SECTION 13. Chapter 323,
Acts of the 78th Legislature, Regular Session, 2003, is amended.
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SECTION 13. Same as
introduced version.
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SECTION 14. Chapter 323,
Acts of the 78th Legislature, Regular Session, 2003, is amended.
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SECTION 14. Same as
introduced version.
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SECTION 15. Section 26(c),
Chapter 323, Acts of the 78th Legislature, Regular Session, 2003, is
amended.
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SECTION 15. Same as
introduced version.
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SECTION 16. Chapter 323,
Acts of the 78th Legislature, Regular Session, 2003, is amended.
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SECTION 16. Same as
introduced version.
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SECTION 17. Section 28(c),
Chapter 323, Acts of the 78th Legislature, Regular Session, 2003, is
amended.
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SECTION 17. Same as introduced
version.
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SECTION 18. REPEAL. The
following provisions of Chapter 323, Acts of the 78th Legislature, Regular
Session, 2003, are repealed:
(1) Section 4;
(2) Section 10(b);
(3) Section 11;
(4) Section 15;
(5) Section 16;
(6) Section 19; and
(7) Section 23.
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SECTION 18. Same as
introduced version.
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SECTION 19. (a) An elected
or appointed director of the Westwood Magnolia Parkway Improvement
District's board of directors who is serving on September 1, 2017,
continues to serve until the expiration of the director's term. If the
position of a director who is serving on that date subsequently becomes
vacant before the expiration of the director's term, the vacancy shall be
filled in the same manner as Section 10, Chapter 323, Acts of the 78th
Legislature, Regular Session, 2003, provided immediately before September
1, 2017.
(b) On the expiration of the
terms of the directors who are continuing to serve on September 1, 2017, as
described by Subsection (a) of this section, the county commissioner
serving for County Commissioners Precinct No. 2 for the Montgomery County
Commissioners Court shall appoint two members in the manner provided by
Section 9, Chapter 323, Acts of the 78th Legislature, Regular Session,
2003, as amended by this Act.
(c) This section expires
January 2, 2025.
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No
equivalent provision, but see SECTION 19 below.
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No
equivalent provision, but see SECTION 19 above.
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SECTION 19. (a) As soon as
practicable after the effective date of this Act, each officer or governing
body authorized to appoint a director of the Westwood Magnolia Parkway
Improvement District's board of directors under Section 9(b), Chapter 323,
Acts of the 78th Legislature, Regular Session, 2003, as amended by this
Act, shall appoint one or more directors to the board as provided by that
section.
(b) The term of each elected
or appointed director of the Westwood Magnolia Parkway Improvement
District's board of directors who is serving on September 1, 2017, expires
on the date all of the five directors appointed under Subsection (a) of
this section have qualified.
(c) The directors appointed
under Subsection (a) of this section shall draw lots to determine which two
shall serve two-year terms and which three shall serve four-year terms.
(d) This section expires
January 2, 2025.
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SECTION 20. (a) The
legislature validates and confirms all acts and proceedings of the board of
directors of the Westwood Magnolia Parkway Improvement District that were
taken before the effective date of this Act.
(b) Subsection (a) of this
section does not apply to any matter that on the effective date of this
Act:
(1) is involved in
litigation if the litigation ultimately results in the matter being held
invalid by a final judgment of a court; or
(2) has been held invalid by
a final judgment of a court.
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SECTION 20. Same as
introduced version.
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SECTION 21. (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 21. Same as
introduced version.
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SECTION 22. This Act takes
effect September 1, 2017.
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SECTION 22. Same as
introduced version.
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