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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and authorities of municipal utility |
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districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.234(a), Water Code, is amended to |
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read as follows: |
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(a) Any district or any petitioner seeking the creation of a |
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district may petition the commission to acquire the power under the |
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authority of Article III, Section 52, Texas Constitution, to |
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design, acquire, construct, finance, issue bonds for, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance, a road [described by Subsection (b)] or |
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any improvement in aid of the road. |
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SECTION 2. Section 54.801(a), Water Code, is amended to |
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read as follows: |
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(a) A district that is composed of at least 1,000 [1,500] |
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acres may define areas or designate certain property of the |
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district to pay for improvements, facilities, or services that |
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primarily benefit that area or property and do not generally and |
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directly benefit the district as a whole. |
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SECTION 3. Section 54.802(b), Water Code, is amended to |
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read as follows: |
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(b) The board shall file an engineer's report [adopt a
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proposed plan] for improvements in the defined area or to serve the |
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designated property [in the manner provided by Section 49.106]. |
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SECTION 4. Section 54.805, Water Code, is amended to read as |
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follows: |
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Sec. 54.805. OBTAINING FUNDS TO CONSTRUCT, ADMINISTER, |
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MAINTAIN, AND OPERATE IMPROVEMENTS AND FACILITIES IN DEFINED AREAS |
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OR DESIGNATED PROPERTY. On adoption of the proposed plan [plans] as |
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provided by this subchapter [Section 54.804 of this code] and voter |
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approval of taxes and bonds [the plans], the district, under the |
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limitations of this subchapter, may apply separately, differently, |
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equitably, and specifically its taxing power and lien authority to |
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the defined area or designated property to provide money to |
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construct, administer, maintain, and operate improvements and |
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facilities that primarily benefit the defined area or designated |
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property. |
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SECTION 5. Section 54.806(a), Water Code, is amended to |
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read as follows: |
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(a) Before bonds may be issued or taxes may be levied for the |
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defined area or designated property [the adopted plans may become
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effective], they must be approved by the voters in the defined area |
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or within the boundaries of the designated property. The election |
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shall be conducted as provided by Section 49.106 for an election to |
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authorize the issuance of bonds or Section 49.107 for an election to |
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authorize an operation and maintenance tax. |
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SECTION 6. Section 54.809, Water Code, is amended to read as |
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follows: |
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Sec. 54.809. ISSUANCE OF BONDS AND LEVY OF TAX FOR DEFINED |
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AREA OR DESIGNATED PROPERTY. After approval by the voters [the
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order is recorded], the district may issue its bonds and levy taxes |
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to provide the specific plant, works, and facilities included in |
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the engineer's report [plans adopted] for the defined area, or to |
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serve the designated property [and shall provide the plant, works,
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and facilities]. |
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SECTION 7. Section 54.812(b), Water Code, is amended to |
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read as follows: |
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(b) The prescribed notice shall be inserted into the general |
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notice after the first sentence and shall read substantially as |
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follows: "The real property described below, which you are about to |
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purchase, may [is] also be located within a defined [designated] |
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area of the district and your land may [will] be subject to defined |
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area taxes in addition to the [a higher tax than] other taxes of |
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[land within] the district. As of this date, the additional [Your] |
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rate of taxes within the defined area is [will be higher by] $_____ |
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on each $100 of assessed valuation [than land not within the
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designated area]." |
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SECTION 8. Sections 54.234(b), 54.803, 54.804(a), 54.807, |
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and 54.808, Water Code, are repealed. |
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SECTION 9. 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. |