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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Barrett Management District to |
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finance an improvement project or service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 3930, Special District |
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Local Laws Code, is amended by adding Section 3930.1515 to read as |
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follows: |
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Sec. 3930.1515. ELECTION REQUIRED FOR FINANCING SERVICES |
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AND IMPROVEMENTS. The board may not finance a service or an |
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improvement project under this chapter unless the service or |
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improvement is approved by 60 percent of the votes cast in an |
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election held for that purpose. The election must be conducted in |
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the manner provided by Subchapter D, Chapter 49, Water Code, for a |
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bond election. |
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SECTION 2. Section 3930.154, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3930.154. ASSESSMENTS; LIENS FOR ASSESSMENTS [NOT |
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AUTHORIZED]. (a) The board by resolution may impose and collect an |
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assessment for any purpose authorized by this chapter in all or any |
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part of the district [The district may not impose an assessment]. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments [Subchapter F, |
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Chapter 375, Local Government Code, does not apply to the |
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district]. |
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SECTION 3. Section 3930.151, Special District Local Laws |
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Code, is repealed. |
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SECTION 4. (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, |
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lieutenant governor, and speaker of the house of representatives |
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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 have been |
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fulfilled and accomplished. |
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SECTION 5. 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, 2021. |
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