H.B. No. 4715
AN ACT
relating to the terms of temporary directors and to deadlines for
elections to confirm the creation of East Montgomery County
Municipal Utility Districts Nos. 8, 9, 10, 11, 12, 13, and 14,
Montgomery County Municipal Utility Districts Nos. 100 and 101, and
Liberty County Municipal Utility District No. 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8112.021, Special District Local Laws
Code, is amended by amending Subsection (d) and adding Subsections
(e) and (f) to read as follows:
(d) Temporary directors serve until [the earlier of:
[(1)] the date the directors are elected under Section
8112.023[; or
[(2) the date this chapter expires under Section
8112.003].
(e) If permanent directors have not been elected under
Section 8112.023 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (f) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8112.023; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(f) If Subsection (e) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SECTION 2. Section 8113.021, Special District Local Laws
Code, is amended by amending Subsection (d) and adding Subsections
(e) and (f) to read as follows:
(d) Temporary directors serve until [the earlier of:
[(1)] the date the directors are elected under Section
8113.023[; or
[(2) the date this chapter expires under Section
8113.003].
(e) If permanent directors have not been elected under
Section 8113.023 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (f) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8113.023; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(f) If Subsection (e) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SECTION 3. Section 8114.021, Special District Local Laws
Code, is amended by amending Subsection (d) and adding Subsections
(e) and (f) to read as follows:
(d) Temporary directors serve until [the earlier of:
[(1)] the date the directors are elected under Section
8114.023[; or
[(2) the date this chapter expires under Section
8114.003].
(e) If permanent directors have not been elected under
Section 8114.023 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (f) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8114.023; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(f) If Subsection (e) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SECTION 4. Section 8115.021, Special District Local Laws
Code, is amended by amending Subsection (d) and adding Subsections
(e) and (f) to read as follows:
(d) Temporary directors serve until [the earlier of:
[(1)] the date the directors are elected under Section
8115.023[; or
[(2) the date this chapter expires under Section
8115.003].
(e) If permanent directors have not been elected under
Section 8115.023 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (f) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8115.023; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(f) If Subsection (e) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SECTION 5. Section 8116.021, Special District Local Laws
Code, is amended by amending Subsection (d) and adding Subsections
(e) and (f) to read as follows:
(d) Temporary directors serve until [the earlier of:
[(1)] the date the directors are elected under Section
8116.023[; or
[(2) the date this chapter expires under Section
8116.003].
(e) If permanent directors have not been elected under
Section 8116.023 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (f) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8116.023; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(f) If Subsection (e) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SECTION 6. Section 8117.021, Special District Local Laws
Code, is amended by amending Subsection (d) and adding Subsections
(e) and (f) to read as follows:
(d) Temporary directors serve until [the earlier of:
[(1)] the date the directors are elected under Section
8117.023[; or
[(2) the date this chapter expires under Section
8117.003].
(e) If permanent directors have not been elected under
Section 8117.023 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (f) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8117.023; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(f) If Subsection (e) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SECTION 7. Section 8118.021, Special District Local Laws
Code, is amended by amending Subsection (d) and adding Subsections
(e) and (f) to read as follows:
(d) Temporary directors serve until [the earlier of:
[(1)] the date the directors are elected under Section
8118.023[; or
[(2) the date this chapter expires under Section
8118.003].
(e) If permanent directors have not been elected under
Section 8118.023 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (f) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8118.023; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(f) If Subsection (e) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SECTION 8. Section 8119.021, Special District Local Laws
Code, is amended by amending Subsection (d) and adding Subsections
(e) and (f) to read as follows:
(d) Temporary directors serve until [the earlier of:
[(1)] the date the directors are elected under Section
8119.023[; or
[(2) the date this chapter expires under Section
8119.003].
(e) If permanent directors have not been elected under
Section 8119.023 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (f) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8119.023; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(f) If Subsection (e) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SECTION 9. Section 8120.021, Special District Local Laws
Code, is amended by amending Subsection (d) and adding Subsections
(e) and (f) to read as follows:
(d) Temporary directors serve until [the earlier of:
[(1)] the date the directors are elected under Section
8120.023[; or
[(2) the date this chapter expires under Section
8120.003].
(e) If permanent directors have not been elected under
Section 8120.023 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (f) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8120.023; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(f) If Subsection (e) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SECTION 10. Section 8185.021, Special District Local Laws
Code, is amended by amending Subsection (d) and adding Subsections
(e) and (f) to read as follows:
(d) Temporary directors serve until [the earlier of:
[(1)] the date the directors are elected under Section
8185.023[; or
[(2) the date this chapter expires under Section
8185.003].
(e) If permanent directors have not been elected under
Section 8185.023 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (f) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8185.023; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(f) If Subsection (e) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SECTION 11. Sections 8112.003, 8112.026, 8113.003,
8113.026, 8114.003, 8114.026, 8115.003, 8115.026, 8116.003,
8116.026, 8117.003, 8117.026, 8118.003, 8118.026, 8119.003,
8119.026, 8120.003, 8120.026, 8185.003, and 8185.026, Special
District Local Laws Code, are repealed.
SECTION 12. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 13. 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, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4715 was passed by the House on May
15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4715 on May 29, 2009, by the following vote: Yeas 139, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4715 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor