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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of Smiley Road Water Control and |
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Improvement District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 9001.104, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 9001.104. [PROHIBITION ON] DIVISION OF DISTRICT. (a) |
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The district may be divided into two or more districts only if the |
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district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) A new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 9001.004. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between the district and each new district. |
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(f) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(g) A new district may be created by the division of the |
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district only if approved by the voters of the new district in a |
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confirmation and directors' election held for that purpose. |
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(h) If the district is located wholly or partly in the |
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corporate limits or the extraterritorial jurisdiction of a |
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municipality, the district may not divide under this section unless |
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the municipality by resolution or ordinance consents to the |
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division of the district. |
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(i) Any new district created by the division of the district |
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must hold an election to obtain voter approval before the district |
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may impose a maintenance tax or issue bonds payable wholly or partly |
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from ad valorem taxes. [The district may not divide into two or
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more districts in the manner specified by Section 51.748 or 53.029,
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Water Code.] |
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SECTION 2. Sections 9001.201(a), (b), and (d), Special |
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District Local Laws Code, are amended to read as follows: |
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(a) The district may issue bonds as provided by [Chapter 49
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or 51, Water Code, or Section 53.029, Water Code,] the general laws |
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of this state[,] or this section, including by competitive bid, |
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negotiated sale, or private placement. |
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(b) Except as provided by Subsection (c) and Section |
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9001.202, the district may issue bonds, notes, or other obligations |
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[as provided by Section 53.029, Water Code,] to finance, or assist |
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in the financing of, projects under Section 9001.105. |
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(d) Section 49.181, Water Code, does not apply to a bond |
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issued under this section by the district to finance, or assist in |
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the financing of, projects under Section 9001.105 [under Section
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53.029, Water Code]. |
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SECTION 3. (a) The following are validated and confirmed in |
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all respects: |
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(1) the creation of the Smiley Road Water Control and |
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Improvement District; and |
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(2) any act or proceeding of the district, including |
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an election, not excepted by this section and taken not more than |
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three years before the effective date of this Act, effective as of |
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the date on which the act or proceeding occurred. |
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(b) This section does not apply to: |
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(1) an act, proceeding, director, other official, |
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bond, or other obligation the validity of which or of whom is the |
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subject of litigation that is pending on the effective date of this |
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Act; or |
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(2) an act or proceeding that, under a statute of this |
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state or the United States, was a misdemeanor or felony at the time |
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the act or proceeding occurred. |
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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, the |
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lieutenant governor, and the speaker of the house of |
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representatives 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 are fulfilled |
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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, 2017. |