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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the Kaufman County Fresh Water |
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Supply District No. 1-D; providing authority to issue bonds, impose |
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a tax, and levy assessments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 6917 to read as follows: |
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CHAPTER 6917. KAUFMAN COUNTY FRESH WATER SUPPLY DISTRICT NO. 1-D |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 6917.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Kaufman County Fresh Water |
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Supply District No. 1-D. |
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Sec. 6917.002. NATURE OF DISTRICT. The district is a fresh |
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water supply district created under and essential to accomplish the |
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purposes of Section 52, Article III, and Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 6917.003. 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; and |
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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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(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, vehicle parking, and street art objects are parts of |
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and necessary components of a street and are considered to be an |
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improvement project that includes a street or road improvement. |
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Sec. 6917.004. APPLICABILITY OF OTHER LAW. Except as |
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otherwise provided by this chapter, the following laws apply to the |
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district: |
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(1) Chapters 49, 51, and 53, Water Code; |
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(2) Chapter 375, Local Government Code; and |
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(3) Chapter 257, Transportation Code, and other |
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general laws applicable to road districts created under Section 52, |
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Article III, Texas Constitution, to the extent those provisions can |
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apply to the district. |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 6917.051. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, concreted, or |
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paved roads, or improvements, including storm drainage, in aid of |
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those roads. |
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Sec. 6917.052. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 6917.053. JOINT ROAD PROJECTS. (a) A district may |
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contract with a state agency, political subdivision, or corporation |
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created under Chapter 431, Transportation Code, for a joint road |
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project. |
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(b) The contract may: |
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(1) provide for joint payment of project costs; and |
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(2) require the state agency, political subdivision, |
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or corporation to design, construct, or improve a project, |
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including landscaping, as provided by the contract. |
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Sec. 6917.054. EXEMPTION FROM CERTAIN SUPERVISION AND |
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APPROVAL REQUIREMENTS. (a) The district may reimburse |
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expenditures as provided by Sections 257.003(a) and (b), |
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Transportation Code, without the approval required by Section |
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257.003(c), Transportation Code. |
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(b) The district may reimburse expenditures for a project |
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constructed or acquired under Section 6917.051 or 6917.053 without |
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the approval required by Section 49.107(f), Water Code. |
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(c) Sections 49.181 and 49.182, Water Code, and Section |
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375.208, Local Government Code, do not apply to: |
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(1) a project authorized by Section 6917.051 or |
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6917.053; or |
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(2) bonds issued for a project described by |
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Subdivision (1). |
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Sec. 6917.055. ROAD CONTRACTS. The district may enter into |
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a contract for a road project in the same manner as a road district |
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under Chapter 257, Transportation Code, except that competitive |
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bidding for a road project contract is governed by Subchapter I, |
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Chapter 49, Water Code. |
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Sec. 6917.056. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the initial boundaries of the district. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) An order dividing the district must: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(f) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(g) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Chapter 49, Water Code. |
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(h) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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Texas Commission on Environmental Quality. |
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(i) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS |
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Sec. 6917.101. ASSESSMENTS. (a) The district may impose an |
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assessment on property in the district to pay for an improvement |
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project or an obligation described by Section 6917.151 in the |
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manner provided for a district under Subchapters A, E, and F, |
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Chapter 375, Local Government Code. |
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(b) The district may impose an assessment for any district |
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operation and maintenance or authorized improvement or |
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supplemental service, including public safety services, in the |
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manner provided for a district under Subchapters A, E, and F, |
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Chapter 375, Local Government Code. |
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(c) The district may not impose an assessment on a |
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municipality, county, or other political subdivision. |
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Sec. 6917.102. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
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375.161, Local Government Code, does not apply to the district. |
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SUBCHAPTER D. BONDS |
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Sec. 6917.151. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) Subject to Subsections (d) and (e), the district |
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may issue bonds or other obligations to finance the construction, |
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maintenance, or operation of road projects authorized by Section |
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6917.051 or 6917.053. |
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(b) The district may issue by competitive bidding or |
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negotiated sale bonds or other obligations payable wholly or partly |
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from ad valorem taxes, assessments, impact fees, revenue, contract |
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revenue, grants, or other district money, or any combination of |
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those sources, to pay for an improvement project. |
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(c) District bonds or other obligations issued to pay for a |
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joint utility or road project, in addition to the sources of |
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district money listed under Subsection (b), may be payable wholly |
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or partly from contract revenue from another district that is |
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secured by ad valorem taxes imposed by or other revenue from the |
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other district. |
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(d) The district may not issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes to finance a road |
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project unless the issuance is approved by a vote of a two-thirds |
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majority of the district voters voting at an election held for that |
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purpose. |
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(e) At the time of issuance, the total principal amount of |
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bonds or other obligations issued or incurred to finance road |
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projects and payable from ad valorem taxes may not exceed |
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one-fourth of the assessed value of the real property in the |
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district. |
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SECTION 2. (a) The following are validated and confirmed in |
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all respects: |
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(1) the creation of the Kaufman County Fresh Water |
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Supply District No. 1-D; and |
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(2) any act or proceeding of the district, including |
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an election, not excepted by this section and taken not more than |
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three years before the effective date of this Act, effective as of |
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the date on which the act or proceeding occurred. |
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(b) This section does not apply to: |
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(1) an act, proceeding, director, other official, |
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bond, or other obligation the validity of which or of whom is the |
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subject of litigation that is pending on the effective date of this |
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Act; or |
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(2) an act or proceeding that, under a statute of this |
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state or the United States, was a misdemeanor or felony at the time |
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the act or proceeding occurred. |
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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, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) 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 are fulfilled |
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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, 2017. |