Texas 2009 - 81st Regular

Texas House Bill HB4715 Compare Versions

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1	1	H.B. No. 4715
2	2
3	3
4	4	AN ACT
5	5	relating to the terms of temporary directors and to deadlines for
6	6	elections to confirm the creation of East Montgomery County
7	7	Municipal Utility Districts Nos. 8, 9, 10, 11, 12, 13, and 14,
8	8	Montgomery County Municipal Utility Districts Nos. 100 and 101, and
9	9	Liberty County Municipal Utility District No. 5.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 8112.021, Special District Local Laws
12	12	Code, is amended by amending Subsection (d) and adding Subsections
13	13	(e) and (f) to read as follows:
14	14	(d) Temporary directors serve until [the earlier of:
15	15	[(1)] the date the directors are elected under Section
16	16	8112.023[; or
17	17	[(2) the date this chapter expires under Section
18	18	8112.003].
19	19	(e) If permanent directors have not been elected under
20	20	Section 8112.023 and the terms of the temporary directors have
21	21	expired, successor temporary directors shall be appointed or
22	22	reappointed as provided by Subsection (f) to serve terms that
23	23	expire on the earlier of:
24	24	(1) the date permanent directors are elected under
25	25	Section 8112.023; or
26	26	(2) the fourth anniversary of the date of the
27	27	appointment or reappointment.
28	28	(f) If Subsection (e) applies, the owner or owners of a
29	29	majority of the assessed value of the real property in the district
30	30	may submit a petition to the commission requesting that the
31	31	commission appoint as successor temporary directors the five
32	32	persons named in the petition. The commission shall appoint as
33	33	successor temporary directors the five persons named in the
34	34	petition.
35	35	SECTION 2. Section 8113.021, Special District Local Laws
36	36	Code, is amended by amending Subsection (d) and adding Subsections
37	37	(e) and (f) to read as follows:
38	38	(d) Temporary directors serve until [the earlier of:
39	39	[(1)] the date the directors are elected under Section
40	40	8113.023[; or
41	41	[(2) the date this chapter expires under Section
42	42	8113.003].
43	43	(e) If permanent directors have not been elected under
44	44	Section 8113.023 and the terms of the temporary directors have
45	45	expired, successor temporary directors shall be appointed or
46	46	reappointed as provided by Subsection (f) to serve terms that
47	47	expire on the earlier of:
48	48	(1) the date permanent directors are elected under
49	49	Section 8113.023; or
50	50	(2) the fourth anniversary of the date of the
51	51	appointment or reappointment.
52	52	(f) If Subsection (e) applies, the owner or owners of a
53	53	majority of the assessed value of the real property in the district
54	54	may submit a petition to the commission requesting that the
55	55	commission appoint as successor temporary directors the five
56	56	persons named in the petition. The commission shall appoint as
57	57	successor temporary directors the five persons named in the
58	58	petition.
59	59	SECTION 3. Section 8114.021, Special District Local Laws
60	60	Code, is amended by amending Subsection (d) and adding Subsections
61	61	(e) and (f) to read as follows:
62	62	(d) Temporary directors serve until [the earlier of:
63	63	[(1)] the date the directors are elected under Section
64	64	8114.023[; or
65	65	[(2) the date this chapter expires under Section
66	66	8114.003].
67	67	(e) If permanent directors have not been elected under
68	68	Section 8114.023 and the terms of the temporary directors have
69	69	expired, successor temporary directors shall be appointed or
70	70	reappointed as provided by Subsection (f) to serve terms that
71	71	expire on the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 8114.023; or
74	74	(2) the fourth anniversary of the date of the
75	75	appointment or reappointment.
76	76	(f) If Subsection (e) applies, the owner or owners of a
77	77	majority of the assessed value of the real property in the district
78	78	may submit a petition to the commission requesting that the
79	79	commission appoint as successor temporary directors the five
80	80	persons named in the petition. The commission shall appoint as
81	81	successor temporary directors the five persons named in the
82	82	petition.
83	83	SECTION 4. Section 8115.021, Special District Local Laws
84	84	Code, is amended by amending Subsection (d) and adding Subsections
85	85	(e) and (f) to read as follows:
86	86	(d) Temporary directors serve until [the earlier of:
87	87	[(1)] the date the directors are elected under Section
88	88	8115.023[; or
89	89	[(2) the date this chapter expires under Section
90	90	8115.003].
91	91	(e) If permanent directors have not been elected under
92	92	Section 8115.023 and the terms of the temporary directors have
93	93	expired, successor temporary directors shall be appointed or
94	94	reappointed as provided by Subsection (f) to serve terms that
95	95	expire on the earlier of:
96	96	(1) the date permanent directors are elected under
97	97	Section 8115.023; or
98	98	(2) the fourth anniversary of the date of the
99	99	appointment or reappointment.
100	100	(f) If Subsection (e) applies, the owner or owners of a
101	101	majority of the assessed value of the real property in the district
102	102	may submit a petition to the commission requesting that the
103	103	commission appoint as successor temporary directors the five
104	104	persons named in the petition. The commission shall appoint as
105	105	successor temporary directors the five persons named in the
106	106	petition.
107	107	SECTION 5. Section 8116.021, Special District Local Laws
108	108	Code, is amended by amending Subsection (d) and adding Subsections
109	109	(e) and (f) to read as follows:
110	110	(d) Temporary directors serve until [the earlier of:
111	111	[(1)] the date the directors are elected under Section
112	112	8116.023[; or
113	113	[(2) the date this chapter expires under Section
114	114	8116.003].
115	115	(e) If permanent directors have not been elected under
116	116	Section 8116.023 and the terms of the temporary directors have
117	117	expired, successor temporary directors shall be appointed or
118	118	reappointed as provided by Subsection (f) to serve terms that
119	119	expire on the earlier of:
120	120	(1) the date permanent directors are elected under
121	121	Section 8116.023; or
122	122	(2) the fourth anniversary of the date of the
123	123	appointment or reappointment.
124	124	(f) If Subsection (e) applies, the owner or owners of a
125	125	majority of the assessed value of the real property in the district
126	126	may submit a petition to the commission requesting that the
127	127	commission appoint as successor temporary directors the five
128	128	persons named in the petition. The commission shall appoint as
129	129	successor temporary directors the five persons named in the
130	130	petition.
131	131	SECTION 6. Section 8117.021, Special District Local Laws
132	132	Code, is amended by amending Subsection (d) and adding Subsections
133	133	(e) and (f) to read as follows:
134	134	(d) Temporary directors serve until [the earlier of:
135	135	[(1)] the date the directors are elected under Section
136	136	8117.023[; or
137	137	[(2) the date this chapter expires under Section
138	138	8117.003].
139	139	(e) If permanent directors have not been elected under
140	140	Section 8117.023 and the terms of the temporary directors have
141	141	expired, successor temporary directors shall be appointed or
142	142	reappointed as provided by Subsection (f) to serve terms that
143	143	expire on the earlier of:
144	144	(1) the date permanent directors are elected under
145	145	Section 8117.023; or
146	146	(2) the fourth anniversary of the date of the
147	147	appointment or reappointment.
148	148	(f) If Subsection (e) applies, the owner or owners of a
149	149	majority of the assessed value of the real property in the district
150	150	may submit a petition to the commission requesting that the
151	151	commission appoint as successor temporary directors the five
152	152	persons named in the petition. The commission shall appoint as
153	153	successor temporary directors the five persons named in the
154	154	petition.
155	155	SECTION 7. Section 8118.021, Special District Local Laws
156	156	Code, is amended by amending Subsection (d) and adding Subsections
157	157	(e) and (f) to read as follows:
158	158	(d) Temporary directors serve until [the earlier of:
159	159	[(1)] the date the directors are elected under Section
160	160	8118.023[; or
161	161	[(2) the date this chapter expires under Section
162	162	8118.003].
163	163	(e) If permanent directors have not been elected under
164	164	Section 8118.023 and the terms of the temporary directors have
165	165	expired, successor temporary directors shall be appointed or
166	166	reappointed as provided by Subsection (f) to serve terms that
167	167	expire on the earlier of:
168	168	(1) the date permanent directors are elected under
169	169	Section 8118.023; or
170	170	(2) the fourth anniversary of the date of the
171	171	appointment or reappointment.
172	172	(f) If Subsection (e) applies, the owner or owners of a
173	173	majority of the assessed value of the real property in the district
174	174	may submit a petition to the commission requesting that the
175	175	commission appoint as successor temporary directors the five
176	176	persons named in the petition. The commission shall appoint as
177	177	successor temporary directors the five persons named in the
178	178	petition.
179	179	SECTION 8. Section 8119.021, Special District Local Laws
180	180	Code, is amended by amending Subsection (d) and adding Subsections
181	181	(e) and (f) to read as follows:
182	182	(d) Temporary directors serve until [the earlier of:
183	183	[(1)] the date the directors are elected under Section
184	184	8119.023[; or
185	185	[(2) the date this chapter expires under Section
186	186	8119.003].
187	187	(e) If permanent directors have not been elected under
188	188	Section 8119.023 and the terms of the temporary directors have
189	189	expired, successor temporary directors shall be appointed or
190	190	reappointed as provided by Subsection (f) to serve terms that
191	191	expire on the earlier of:
192	192	(1) the date permanent directors are elected under
193	193	Section 8119.023; or
194	194	(2) the fourth anniversary of the date of the
195	195	appointment or reappointment.
196	196	(f) If Subsection (e) applies, the owner or owners of a
197	197	majority of the assessed value of the real property in the district
198	198	may submit a petition to the commission requesting that the
199	199	commission appoint as successor temporary directors the five
200	200	persons named in the petition. The commission shall appoint as
201	201	successor temporary directors the five persons named in the
202	202	petition.
203	203	SECTION 9. Section 8120.021, Special District Local Laws
204	204	Code, is amended by amending Subsection (d) and adding Subsections
205	205	(e) and (f) to read as follows:
206	206	(d) Temporary directors serve until [the earlier of:
207	207	[(1)] the date the directors are elected under Section
208	208	8120.023[; or
209	209	[(2) the date this chapter expires under Section
210	210	8120.003].
211	211	(e) If permanent directors have not been elected under
212	212	Section 8120.023 and the terms of the temporary directors have
213	213	expired, successor temporary directors shall be appointed or
214	214	reappointed as provided by Subsection (f) to serve terms that
215	215	expire on the earlier of:
216	216	(1) the date permanent directors are elected under
217	217	Section 8120.023; or
218	218	(2) the fourth anniversary of the date of the
219	219	appointment or reappointment.
220	220	(f) If Subsection (e) applies, the owner or owners of a
221	221	majority of the assessed value of the real property in the district
222	222	may submit a petition to the commission requesting that the
223	223	commission appoint as successor temporary directors the five
224	224	persons named in the petition. The commission shall appoint as
225	225	successor temporary directors the five persons named in the
226	226	petition.
227	227	SECTION 10. Section 8185.021, Special District Local Laws
228	228	Code, is amended by amending Subsection (d) and adding Subsections
229	229	(e) and (f) to read as follows:
230	230	(d) Temporary directors serve until [the earlier of:
231	231	[(1)] the date the directors are elected under Section
232	232	8185.023[; or
233	233	[(2) the date this chapter expires under Section
234	234	8185.003].
235	235	(e) If permanent directors have not been elected under
236	236	Section 8185.023 and the terms of the temporary directors have
237	237	expired, successor temporary directors shall be appointed or
238	238	reappointed as provided by Subsection (f) to serve terms that
239	239	expire on the earlier of:
240	240	(1) the date permanent directors are elected under
241	241	Section 8185.023; or
242	242	(2) the fourth anniversary of the date of the
243	243	appointment or reappointment.
244	244	(f) If Subsection (e) applies, the owner or owners of a
245	245	majority of the assessed value of the real property in the district
246	246	may submit a petition to the commission requesting that the
247	247	commission appoint as successor temporary directors the five
248	248	persons named in the petition. The commission shall appoint as
249	249	successor temporary directors the five persons named in the
250	250	petition.
251	251	SECTION 11. Sections 8112.003, 8112.026, 8113.003,
252	252	8113.026, 8114.003, 8114.026, 8115.003, 8115.026, 8116.003,
253	253	8116.026, 8117.003, 8117.026, 8118.003, 8118.026, 8119.003,
254	254	8119.026, 8120.003, 8120.026, 8185.003, and 8185.026, Special
255	255	District Local Laws Code, are repealed.
256	256	SECTION 12. (a) The legal notice of the intention to
257	257	introduce this Act, setting forth the general substance of this
258	258	Act, has been published as provided by law, and the notice and a
259	259	copy of this Act have been furnished to all persons, agencies,
260	260	officials, or entities to which they are required to be furnished
261	261	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
262	262	Government Code.
263	263	(b) The governor, one of the required recipients, has
264	264	submitted the notice and Act to the Texas Commission on
265	265	Environmental Quality.
266	266	(c) The Texas Commission on Environmental Quality has filed
267	267	its recommendations relating to this Act with the governor, the
268	268	lieutenant governor, and the speaker of the house of
269	269	representatives within the required time.
270	270	(d) All requirements of the constitution and laws of this
271	271	state and the rules and procedures of the legislature with respect
272	272	to the notice, introduction, and passage of this Act are fulfilled
273	273	and accomplished.
274	274	SECTION 13. This Act takes effect immediately if it
275	275	receives a vote of two-thirds of all the members elected to each
276	276	house, as provided by Section 39, Article III, Texas Constitution.
277	277	If this Act does not receive the vote necessary for immediate
278	278	effect, this Act takes effect September 1, 2009.
279	279	______________________________ ______________________________
280	280	President of the Senate Speaker of the House
281	281	I certify that H.B. No. 4715 was passed by the House on May
282	282	15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
283	283	voting; and that the House concurred in Senate amendments to H.B.
284	284	No. 4715 on May 29, 2009, by the following vote: Yeas 139, Nays 0,
285	285	2 present, not voting.
286	286	______________________________
287	287	Chief Clerk of the House
288	288	I certify that H.B. No. 4715 was passed by the Senate, with
289	289	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
290	290	0.
291	291	______________________________
292	292	Secretary of the Senate
293	293	APPROVED: __________________
294	294	Date
295	295	__________________
296	296	Governor