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A BILL TO BE ENTITLED
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AN ACT
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relating to the dissolution of certain water control and |
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improvement districts by a commissioners court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter P, Chapter 51, Water Code, is amended |
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by adding Section 51.837 to read as follows: |
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Sec. 51.837. DISSOLUTION BY COMMISSIONERS COURT. (a) This |
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section applies to a district: |
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(1) created or organized by a commissioners court |
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before 1971 under general law enacted in 1904, 1913, 1917, 1918, or |
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1925; and |
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(2) converted from a water improvement district or |
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irrigation district to a water control and improvement district by |
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action of the board under general law enacted in 1925. |
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(b) Before a commissioners court may dissolve a district, |
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the governing body of a municipality within the district's |
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boundaries must adopt an ordinance stating that the municipality |
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will assume the assets, debts, contractual rights, and other |
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obligations of the district on its dissolution. |
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(c) The commissioners court may dissolve a district by |
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order: |
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(1) pursuant to a referendum; or |
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(2) consistent with any other method by which the |
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district was created. |
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(d) An order dissolving a district under this section takes |
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effect on the 31st day after the date the commissioners court adopts |
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the order. On the effective date of the order, the municipality: |
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(1) succeeds to the duties and assets of the district; |
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(2) assumes all bonds, debts, obligations, and |
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liabilities of the district; and |
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(3) has the powers and duties described by Sections |
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43.075(c)-(l), Local Government Code. |
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(e) On dissolution: |
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(1) all records and certificates of the district shall |
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be transferred to the municipality; and |
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(2) the district shall provide notice and make |
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recordings of the transfers under this section as required by law. |
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SECTION 2. 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, 2023. |