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relating to the powers and duties of the Big Sky Municipal Utility |
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District of Denton County and the Smiley Road Water Control and |
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Improvement District; providing authority to issue bonds and impose |
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fees and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. POWERS AND DUTIES OF THE BIG SKY MUNICIPAL UTILITY |
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DISTRICT OF DENTON COUNTY |
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SECTION 1.01. Subtitle F, Title 6, Special District Local |
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Laws Code, is amended by adding Chapter 7973 to read as follows: |
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CHAPTER 7973. BIG SKY MUNICIPAL UTILITY DISTRICT OF DENTON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7973.001. DEFINITION. In this chapter, "district" |
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means the Big Sky Municipal Utility District of Denton County. |
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Sec. 7973.002. NATURE AND PURPOSES OF DISTRICT. (a) The |
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district is a municipal utility district created under Section 59, |
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Article XVI, Texas Constitution. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 7973.051. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7973.052. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7973.053. 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, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7973.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards and |
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regulations of each municipality in whose corporate limits or |
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extraterritorial jurisdiction the road 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 and |
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regulations of each county in which 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. 7973.055. FIREFIGHTING SERVICES. Notwithstanding |
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Section 49.351(a), Water Code, the district may, as authorized by |
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Section 59(f), Article XVI, Texas Constitution, and Section 49.351, |
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Water Code: |
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(1) establish, operate, and maintain a fire |
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department; |
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(2) contract with another political subdivision for |
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the joint operation of a fire department; or |
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(3) contract with any other person to perform |
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firefighting services in the district and may issue bonds and |
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impose taxes to pay for the department and the activities. |
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Sec. 7973.056. FEES AND CHARGES. (a) The district may |
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adopt and enforce all necessary charges, mandatory fees, or |
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rentals, in addition to taxes, for providing or making available |
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any district facility or service, including firefighting |
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activities provided under Section 7973.055. |
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(b) To enforce payment of an unpaid fee or charge due to the |
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district, on the request of the district, a retail public utility, |
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as defined by Section 13.002, Water Code, providing water or sewer |
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service to a customer in the district shall terminate the service. |
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SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS |
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Sec. 7973.101. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS FOR ROAD PROJECTS. (a) In addition to the district's |
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authority to issue bonds for other purposes, the district may issue |
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bonds or other obligations payable wholly or partly from ad valorem |
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taxes, revenue, contract payments, grants, or other district money, |
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or any combination of those sources, to pay for a road project |
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authorized by Section 7973.053. |
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(b) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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(c) 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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Sec. 7973.102. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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district shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding. |
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SECTION 1.02. The Big Sky Municipal Utility District of |
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Denton County retains all rights, powers, privileges, authority, |
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duties, and functions that it had before the effective date of this |
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article of this Act. |
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SECTION 1.03. (a) The legal notice of the intention to |
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introduce a bill relating to the powers and duties of the Big Sky |
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Municipal Utility District, setting forth the general substance of |
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this article of this Act, has been published as provided by law, and |
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the notice and a copy of a bill relating to the powers and duties of |
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the Big Sky Municipal Utility District have been furnished to all |
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persons, agencies, officials, or entities to which they are |
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required to be furnished under Section 59, Article XVI, Texas |
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Constitution, and Chapter 313, Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and a bill relating to the powers and duties of |
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the Big Sky Municipal Utility District 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 article of this Act with the |
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governor, the 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 article of this Act |
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are fulfilled and accomplished. |
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ARTICLE 2. POWERS AND DUTIES OF THE SMILEY ROAD WATER CONTROL AND |
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IMPROVEMENT DISTRICT |
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SECTION 2.01. Section 9001.104, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 9001.104. [PROHIBITION ON] DIVISION OF DISTRICT. (a) |
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The district may be divided into two or more districts only if the |
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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) A 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 area described by Section 9001.004. |
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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 shall: |
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(1) name each new district; |
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(2) include the metes and bounds 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 the district and each new district. |
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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) A new district may be created by the division of the |
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district only if approved by the voters of the new district in a |
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confirmation and directors' election held for that purpose. |
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(h) If the district is located wholly or partly in the |
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corporate limits or the extraterritorial jurisdiction of a |
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municipality, the district may not divide under this section unless |
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the municipality by resolution or ordinance consents to the |
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division of the district. |
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(i) Any new district created by the division of the district |
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must hold an election to obtain voter approval before the district |
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may impose a maintenance tax or issue bonds payable wholly or partly |
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from ad valorem taxes. [The district may not divide into two or
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more districts in the manner specified by Section 51.748 or 53.029,
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Water Code.] |
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SECTION 2.02. (a) The following are validated and |
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confirmed in all respects: |
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(1) the creation of the Smiley Road Water Control and |
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Improvement District; 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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ARTICLE 3. EFFECTIVE DATE |
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SECTION 3.01. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2565 was passed by the House on May 4, |
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2017, by the following vote: Yeas 141, Nays 2, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2565 on May 24, 2017, by the following vote: Yeas 130, Nays 15, |
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3 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2565 was passed by the Senate, with |
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amendments, on May 23, 2017, by the following vote: Yeas 29, Nays |
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2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |