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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: (a) Any district or any petitioner seeking the |
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creation of a district may petition the commission to acquire the |
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power under the authority of Article III, Section 52, Texas |
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Constitution, to design, acquire, construct, finance, issue bonds |
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for, operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance, a road [described by
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Subsection (b)] or 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: (a) A district that is composed of at least 1,000 |
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[1,500] 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: (b) The board shall file an engineer's report |
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[adopt a proposed plan] for improvements in the defined area or to |
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serve the designated property [in the manner provided by Section
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49.106]. |
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SECTION 4. Section 54.805, Water Code, is amended to read as |
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follows: On adoption of the proposed plan [plans] as provided by |
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this subchapter [Section 54.804 of this code] and voter approval of |
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taxes and bonds [the plans], the district, under the limitations of |
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this subchapter, may apply separately, differently, equitably, and |
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specifically its taxing power and lien authority to the defined |
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area or designated property to provide money to construct, |
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administer, maintain, and operate improvements and facilities that |
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primarily benefit the defined area or designated property. |
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SECTION 5. Section 54.806(a), Water Code, is amended to |
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read as follows: (a) Before bonds may be issued or taxes may be |
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levied for the defined area or designated property [the adopted
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plans may become effective], they must be approved by the voters in |
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the defined area or within the boundaries of the designated |
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property. The election shall be conducted as provided by Section |
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49.106 for an election to authorize the issuance of bonds or Section |
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49.107 for an election to authorize an operation and maintenance |
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tax. |
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SECTION 6. Section 54.809, Water Code, is amended to read as |
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follows: "After approval by the voters [the order is recorded], the |
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district may issue its bonds and levy taxes to provide the specific |
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plant, works, and facilities included in the engineer's report |
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[plans adopted] for the defined area, or to serve the designated |
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property [and shall provide the plant, works, and facilities]. |
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SECTION 7. Section 54.812(b), Water Code, is amended to |
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read as follows: (b) The prescribed notice shall be inserted into |
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the general notice after the first sentence and shall read |
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substantially as follows: "The real property described below, |
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which you are about to purchase, may [is] also be located within a |
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defined [designated] area of the district and your land may [will] |
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be subject to defined area taxes in addition to the [a higher tax
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than] other taxes of [land within] the district. As of this date, |
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the additional [Your] rate of taxes within the defined area is [will
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be higher by] $_____ on each $100 of assessed valuation [than land
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not within the 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. |