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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Cameron County Flood Control |
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District; granting a limited power of eminent domain; providing |
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authority to impose assessments, fees, and taxes and to issue |
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bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7816 to read as follows: |
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CHAPTER 7816. CAMERON COUNTY FLOOD CONTROL DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7816.0101. 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 member of the board. |
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(3) "District" means the Cameron County Flood Control |
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District. |
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Sec. 7816.0102. NATURE OF DISTRICT. The district is a |
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conservation and reclamation district established under Section |
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59, Article XVI, Texas Constitution. |
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Sec. 7816.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) The district is created to serve a public use and benefit. |
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(b) The land and other property included in the district |
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will benefit from the works and projects accomplished by the |
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district and by the powers conferred by Section 59, Article XVI, |
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Texas Constitution. |
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(c) The creation and operation of the district is essential |
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to accomplish the purpose of Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 7816.0104. DISTRICT TERRITORY. The boundaries of the |
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district are coextensive with the boundaries of Cameron County |
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except that the district does not include territory that is in |
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another drainage district or irrigation district on the effective |
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date of the Act enacting this chapter. |
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Sec. 7816.0105. ALTERATION OF DISTRICT TERRITORY. The |
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district may alter the territory of the district as provided by |
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Subchapters J and K, Chapter 56, Water Code. |
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Sec. 7816.0106. ANNEXATION OF LAND. Before the annexation |
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of land inside the corporate limits of a municipality or inside the |
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boundaries of a drainage or irrigation district, the district must |
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obtain the approval of the municipality or drainage or irrigation |
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district. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7816.0201. COMPOSITION OF BOARD; TERMS. (a) The |
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district is governed by a board consisting of the five county |
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commissioners of Cameron County. |
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(b) The members of the Cameron County commissioners court |
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serve ex-officio and without compensation as directors. |
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(c) The terms of the directors correspond to the terms of |
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the county commissioners. |
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Sec. 7816.0202. DIRECTOR'S BOND. (a) A director shall |
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execute a bond in the amount of $10,000 for the faithful performance |
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of the director's duties. |
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(b) The bond must be filed in the office of the county clerk |
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of Cameron County. |
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Sec. 7816.0203. BOARD PRESIDENT; ABSENCE OF BOARD |
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PRESIDENT. (a) The board may authorize the board's president to |
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sign all orders or take other action. |
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(b) Any order adopted or action taken at a board meeting at |
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which the board's president is absent may be signed by the board's |
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vice president, or the board may authorize the president to sign the |
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order or action at a later time. |
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Sec. 7816.0204. SECRETARY'S DUTIES. The board secretary |
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shall keep accurate minutes and shall certify any action taken by |
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the board. |
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Sec. 7816.0205. TREASURER. (a) The board may appoint a |
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district treasurer. |
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(b) The district treasurer shall execute a bond in an amount |
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determined by the board payable to the district and conditioned on |
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the faithful performance of the treasurer's duties. |
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Sec. 7816.0206. VOTE REQUIRED FOR OFFICIAL BOARD ACTION. |
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An official action of the board is not valid without the affirmative |
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vote of a majority of the directors. |
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Sec. 7816.0207. DESIGNATION OF DIRECTOR TO ACT ON |
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DISTRICT'S BEHALF. The board may designate one or more directors to |
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execute on behalf of the district all contracts, including a |
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construction contract, sign checks, or handle any other matter |
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entered into by the board as shown in the district's official |
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minutes. |
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Sec. 7816.0208. DISTRICT OFFICE. (a) The board shall |
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establish and maintain a district office inside the district. |
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(b) The board may establish a second district office outside |
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the district. |
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(c) A district office may be a private residence or office |
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and that residence or office is a public place for matters relating |
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to the district's business. |
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Sec. 7816.0209. RECORDS. The board shall keep the |
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district's records open to public inspection at reasonable times at |
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the district's principal office. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7816.0301. GENERAL POWERS AND DUTIES. (a) The |
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district may exercise the rights, powers, privileges, and functions |
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provided by Section 59, Article XVI, Texas Constitution, Chapters |
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49 and 57, Water Code, and this chapter. |
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(b) The district may construct and maintain levees and other |
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improvements on, along, and contiguous to rivers, creeks, streams, |
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and drainage courses for the purposes of: |
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(1) reclaiming land from overflow from that water; |
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(2) controlling and distributing the water of rivers |
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and streams by straightening and improving the rivers and streams; |
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(3) draining and improving the land; and |
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(4) preventing the pollution of the water. |
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Sec. 7816.0302. EMINENT DOMAIN. (a) The district may |
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exercise the power of eminent domain in Cameron County to acquire |
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the fee simple title to or an easement or right-of-way to, over, or |
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through any land, water, or land under water inside or outside the |
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district that has a direct effect on the accomplishment of the |
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purposes for which the district is created and is necessary for |
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constructing and maintaining all levees and other improvements for |
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the improvement of rivers, creeks, streams, or drainage courses in |
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the district or bordering the district and to prevent overflows. |
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(b) The district may not exercise the power of eminent |
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domain under Subsection (a) to acquire land or other property that |
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is used for cemetery purposes. |
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(c) The district must exercise the power of eminent domain |
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in the manner provided by Chapter 21, Property Code. |
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(d) The district may not exercise the power of eminent |
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domain within the corporate limits of a municipality without the |
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prior approval by resolution of the governing body of the |
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municipality. |
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Sec. 7816.0303. COST OF RELOCATING OR ALTERING PROPERTY. |
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(a) In this section, "sole expense" means the actual cost of |
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relocating, raising, lowering, rerouting, changing the grade of, or |
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altering the construction of a facility described by Subsection (b) |
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to provide comparable replacement without enhancement of the |
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facility, after deducting the net salvage value of the old |
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facility. |
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(b) If the district's exercise of its power of eminent |
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domain makes necessary relocating, raising, lowering, rerouting, |
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changing the grade of, or altering the construction of a highway, |
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railroad, electric transmission or distribution line, telephone or |
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telegraph property or facility, or pipeline, the necessary action |
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shall be accomplished at the sole expense of the district unless the |
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owner of the relocated or altered facility has a legal obligation to |
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pay those expenses. |
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Sec. 7816.0304. CONTRACTS FOR FACILITIES AND IMPROVEMENTS; |
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ELECTION NOT REQUIRED. (a) The district may enter into a contract |
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with a person for the maintenance or construction of any facility or |
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improvement authorized by this chapter. |
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(b) The district may enter into a contract under Subsection |
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(a) without: |
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(1) voting for the issuance of bonds; or |
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(2) holding an election to approve the contract. |
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(c) The district may enter into an interlocal agreement with |
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a drainage district, irrigation district, or municipality for |
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maintenance and improvement of district projects, when |
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practicable. |
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Sec. 7816.0305. PROHIBITED FUNCTIONS. The district may |
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not: |
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(1) engage in any park, water service, wastewater |
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service, police, or firefighting function; or |
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(2) spend any district money or issue bonds for any |
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function described by Subdivision (1). |
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Sec. 7816.0306. STANDARDS FOR ROAD, STREET, OR UTILITY |
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CONSTRUCTION. Any road, street, or utility construction by the |
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district within the corporate limits of a municipality must comply |
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with the standards for construction adopted by the municipality. |
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Sec. 7816.0307. APPROVAL OF RECLAMATION PLAN, AMENDMENT, OR |
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PROJECT. In addition to any other requirements in this chapter, a |
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reclamation plan adopted by the district, an amendment to a |
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reclamation plan, or a project of the district that is not included |
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in a reclamation plan must be approved by any appropriate |
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municipalities before the plan, amendment, or project takes effect. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7816.0401. DEPOSITORY. (a) The board shall designate |
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one or more banks to serve as the depository for district money. |
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(b) District money shall be deposited as received in a |
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depository bank, other than money transmitted to a bank for payment |
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of bonds issued by the district. |
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(c) If district money is deposited in a depository that is |
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not insured by the Federal Deposit Insurance Corporation, the money |
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must be secured in the manner provided by law for the security of |
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county funds. |
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Sec. 7816.0402. AUTHORITY TO ISSUE BONDS AND INCUR |
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INDEBTEDNESS. The district may issue bonds and incur other |
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indebtedness in the manner provided by Subchapter E, Chapter 7803. |
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Sec. 7816.0403. BOND ANTICIPATION NOTES. (a) In addition |
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to all other methods of acquiring money for district purposes, the |
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district may issue bond anticipation notes for any purpose for |
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which district bonds have been voted or may be issued to refund |
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outstanding bond anticipation notes and the interest on the notes |
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being refunded. |
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(b) The notes may bear interest at any rate not to exceed the |
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maximum interest rate applicable to the district's authorized |
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bonds. |
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(c) The district shall pay the notes only from the proceeds |
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of the sale of bonds by the district. |
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Sec. 7816.0404. AUTHORIZED MAINTENANCE TAXES. The district |
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may impose a maintenance tax that has been authorized at an election |
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held in the district. |
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SECTION 2. (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 3. (a) Sections 7816.0302 and 7816.0303, Special |
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District Local Laws Code, as added by Section 1 of this Act, take |
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effect only if this Act receives a two-thirds vote of all the |
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members elected to each house. |
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(b) If this Act does not receive a two-thirds vote of all the |
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members elected to each house, Subchapter C, Chapter 7816, Special |
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District Local Laws Code, as added by Section 1 of this Act, is |
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amended by adding Section 7816.0302 to read as follows: |
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Sec. 7816.0302. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(c) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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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, 2019. |