Bill Text: TX HB1798 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to districts in certain municipalities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-03 - Referred to Natural Resources [HB1798 Detail]
Download: Texas-2011-HB1798-Introduced.html
By: Reynolds | H.B. No. 1798 |
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relating to districts in certain municipalities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 551, Local Government Code, WATER | ||
CONTROL BY MUNICIPALITIES, is amended by adding section 551.008 to | ||
read as follows: | ||
Sec. 551.008. APPROVAL OF CERTAIN DISTRICT ACTIONS INSIDE | ||
A MUNICIPALITY BY CERTAIN MUNICIPALITIES | ||
A. DEFINITIONS. In this Section: | ||
(1) "Municipality" means a home rule municipality that has | ||
adopted a Charter pursuant to Article XI Section 5 of the Texas | ||
Constitution. | ||
(2) "District" means a water control and improvement | ||
district formed under Article XVI, Section 59, of the Texas | ||
Constitution or in accordance with Water Code, Chapter 51. | ||
(3) "Major Action" means any one or more of the following: | ||
(a) calling an election for bonds or long-term debt; | ||
(b) issuing bonds, refinancing, refunding or assuming | ||
long-term debt; | ||
(c) annexing territory; | ||
(d) increasing an ad valorem tax rate; | ||
(e) reimbursing any commercial property owner for | ||
infrastructure or improvements; | ||
(f) increasing water rates; | ||
(g) increasing sewer rates; | ||
(h) the sale or transfer of water rights; and | ||
(i) contracts or agreements for the sale or lease of | ||
water that commit more than 10% of the District's available surface | ||
or ground water. | ||
B. APPLICABILITY. This section applies to any District with | ||
50 percent or more of the District's geographic territory located | ||
within the boundaries of a Municipality where: | ||
(1) the taxable value of the accounts located within the | ||
boundaries of the Municipality and its Extraterritorial | ||
Jurisdiction comprise, on average, 60 percent or more of the | ||
taxable value of the District over the previous 5 years; and | ||
(2) the Municipality and the District are located within the | ||
boundaries of the same two adjacent counties one of which has a | ||
population of over 4 million persons. | ||
C. MAJOR ACTION SUBJECT TO APPROVAL. | ||
A District shall not initiate, put into place or practice any | ||
Major Action without first obtaining a vote of the majority of the | ||
members of the governing body of the Municipality in favor of | ||
proceeding with the proposed Major Action. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |