Bill Text: TX HB4287 | 2017-2018 | 85th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the powers and duties of the Smiley Road Water Control and Improvement District.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-12 - Effective immediately [HB4287 Detail]
Download: Texas-2017-HB4287-Engrossed.html
Bill Title: Relating to the powers and duties of the Smiley Road Water Control and Improvement District.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-12 - Effective immediately [HB4287 Detail]
Download: Texas-2017-HB4287-Engrossed.html
85R22108 AAF-F | ||
By: Fallon | H.B. No. 4287 |
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relating to the powers and duties of the Smiley Road Water Control | ||
and Improvement District. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 9001.104, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 9001.104. [ |
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The district may be divided into two or more districts only if the | ||
district: | ||
(1) has no outstanding bonded debt; and | ||
(2) is not imposing ad valorem taxes. | ||
(b) This chapter applies to any new district created by the | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(c) A new district created by the division of the district | ||
may not, at the time the new district is created, contain any land | ||
outside the area described by Section 9001.004. | ||
(d) The board, on its own motion or on receipt of a petition | ||
signed by the owner or owners of a majority of the assessed value of | ||
the real property in the district, may adopt an order dividing the | ||
district. | ||
(e) An order dividing the district shall: | ||
(1) name each new district; | ||
(2) include the metes and bounds of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between the district and each new district. | ||
(f) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the Texas Commission on Environmental Quality and record the | ||
order in the real property records of each county in which the | ||
district is located. | ||
(g) A new district may be created by the division of the | ||
district only if approved by the voters of the new district in a | ||
confirmation and directors' election held for that purpose. | ||
(h) If the district is located wholly or partly in the | ||
corporate limits or the extraterritorial jurisdiction of a | ||
municipality, the district may not divide under this section unless | ||
the municipality by resolution or ordinance consents to the | ||
division of the district. | ||
(i) Any new district created by the division of the district | ||
must hold an election to obtain voter approval before the district | ||
may impose a maintenance tax or issue bonds payable wholly or partly | ||
from ad valorem taxes. [ |
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SECTION 2. (a) The following are validated and confirmed in | ||
all respects: | ||
(1) the creation of the Smiley Road Water Control and | ||
Improvement District; and | ||
(2) any act or proceeding of the district, including | ||
an election, not excepted by this section and taken not more than | ||
three years before the effective date of this Act, effective as of | ||
the date on which the act or proceeding occurred. | ||
(b) This section does not apply to: | ||
(1) an act, proceeding, director, other official, | ||
bond, or other obligation the validity of which or of whom is the | ||
subject of litigation that is pending on the effective date of this | ||
Act; or | ||
(2) an act or proceeding that, under a statute of this | ||
state or the United States, was a misdemeanor or felony at the time | ||
the act or proceeding occurred. | ||
SECTION 3. 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, 2017. |