81R10240 SGA-F
By: Gattis H.B. No. 4748
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Williamson County Municipal
Utility District No. 21 to extend the time limit for holding a
confirmation and initial directors' election and to divide into two
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8132.003, Special District Local Laws
Code, is amended to read as follows:
Sec. 8132.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8132.023 before September 1, 2013
[2009]:
(1) the district is dissolved September 1, 2013
[2009], except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Williamson County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2016 [2012].
SECTION 2. Section 8132.021, 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 initial directors are elected under
Section 8132.023; or
(2) September 1, 2009 [the date this chapter expires
under Section 8132.003].
(e) If initial directors have not been elected under Section
8132.023 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 initial directors are elected under
Section 8132.023; 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 Texas Commission on Environmental
Quality 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 8132.025, Special District Local Laws
Code, is amended to read as follows:
Sec. 8132.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2016 [2012].
SECTION 4. Chapter 8132, Special District Local Laws Code,
is amended by adding Subchapter D to read as follows:
SUBCHAPTER D. ONE-TIME DIVISION OF DISTRICT
Sec. 8132.151. AUTHORITY TO DIVIDE DISTRICT. The district
may be divided into two districts in accordance with this
subchapter after the creation of the district has been confirmed at
an election under Section 8132.023 if:
(1) the district does not have any outstanding debt
secured by district taxes or revenue;
(2) the district has not annexed land or been divided;
and
(3) each new district created by the division contains
at least 100 acres.
Sec. 8132.152. DIVISION PROCEDURES. (a) The board may
consider a proposal to divide the district on its own motion or on
receipt of a petition to that effect from a district landowner.
(b) The board may adopt a resolution to divide the district
into two districts named Williamson County Municipal Utility
District No. 21-A and Williamson County Municipal Utility District
No. 21-B. The resolution must include:
(1) the names of and a metes and bounds description of
the territory of the two new districts; and
(2) the terms and conditions of the division,
including a plan that:
(A) ensures current obligations of the district
are not impaired by providing for the payment or performance of any
outstanding district obligations; and
(B) provides for the assumption of any district
obligations under an agreement with or resolution adopted by a
municipality having jurisdiction over the creation of the district
consenting to the creation of the district, to the extent that the
agreement or resolution:
(i) is applicable;
(ii) is not contrary to any other law or
provision of this chapter; and
(iii) does not impose obligations that
limit the district's powers and authority to issue bonds for any
purpose authorized under this chapter.
(c) Not later than the 30th day after the date the board
adopts a resolution dividing the district, the board shall provide
a copy of the resolution and the names of the temporary directors of
the new districts to:
(1) the Texas Commission on Environmental Quality;
(2) the attorney general;
(3) the Commissioners Court of Williamson County; and
(4) any municipality having extraterritorial
jurisdiction over land in the original district.
Sec. 8132.153. GOVERNING NEW DISTRICTS. (a) The new
districts are separate districts and shall be governed as separate
districts.
(b) Until the 91st day after the date the board adopts a
resolution dividing the district, the board shall continue to act
on behalf of the district to wind up the affairs of the district.
(c) The district directors shall act as temporary directors
of one of the new districts and shall appoint five individuals to
serve as temporary directors of the other new district. A temporary
director is not required to own land in either of the new districts.
A temporary director shall qualify for and assume office not later
than the 90th day after the date the board adopts a resolution
dividing the district.
(d) Temporary directors of a new district serve until the
new district elects initial permanent directors. The election of
directors for each new district shall be held on the next uniform
election date in May of an even-numbered year after the date the
temporary directors take office that allows sufficient time to
comply with the requirements of other law.
(e) The initial permanent directors elected at an election
held under Subsection (d) serve staggered terms determined in the
manner provided for directors of the original district under
Section 8132.024.
Sec. 8132.154. POWERS AND DUTIES OF NEW DISTRICTS. (a)
Except as provided by Subsection (b), each new district created
under this subchapter has the powers and duties of the original
district under this chapter, including the powers and duties under
general law applicable to municipal utility districts that relate
to the imposition of a tax or the issuance of bonds.
(b) A new district does not have the power to divide into new
districts.
(c) A new district shall pay its proportionate share of any
obligations of the original district in accordance with the
resolution dividing the district. The new districts may pay debts
of the original district from district contributions or from the
proceeds resulting from the imposition of a tax, assessments on the
land in the district, or district revenue.
(d) A new district may contract with the other new district
for the provision of water or wastewater or regarding any other
matter the boards of directors of the districts consider
appropriate.
SECTION 5. (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 6. 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.