Texas 2009 - 81st Regular

Texas House Bill HB4748 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 4748
2	2
3	3
4	4	AN ACT
5	5	relating to the authority of the Williamson County Municipal
6	6	Utility District No. 21 to extend the time limit for holding a
7	7	confirmation and initial directors' election and to divide into two
8	8	districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 8132.003, Special District Local Laws
11	11	Code, is amended to read as follows:
12	12	Sec. 8132.003. CONFIRMATION ELECTION REQUIRED. If the
13	13	creation of the district is not confirmed at a confirmation
14	14	election held under Section 8132.023 before September 1, 2013
15	15	[2009]:
16	16	(1) the district is dissolved September 1, 2013
17	17	[2009], except that:
18	18	(A) any debts incurred shall be paid;
19	19	(B) any assets that remain after the payment of
20	20	debts shall be transferred to Williamson County; and
21	21	(C) the organization of the district shall be
22	22	maintained until all debts are paid and remaining assets are
23	23	transferred; and
24	24	(2) this chapter expires September 1, 2016 [2012].
25	25	SECTION 2. Section 8132.021, Special District Local Laws
26	26	Code, is amended by amending Subsection (d) and adding Subsections
27	27	(e) and (f) to read as follows:
28	28	(d) Temporary directors serve until the earlier of:
29	29	(1) the date initial directors are elected under
30	30	Section 8132.023; or
31	31	(2) September 1, 2009 [the date this chapter expires
32	32	under Section 8132.003].
33	33	(e) If initial directors have not been elected under Section
34	34	8132.023 and the terms of the temporary directors have expired,
35	35	successor temporary directors shall be appointed or reappointed as
36	36	provided by Subsection (f) to serve terms that expire on the earlier
37	37	of:
38	38	(1) the date initial directors are elected under
39	39	Section 8132.023; or
40	40	(2) the fourth anniversary of the date of the
41	41	appointment or reappointment.
42	42	(f) If Subsection (e) applies, the owner or owners of a
43	43	majority of the assessed value of the real property in the district
44	44	may submit a petition to the Texas Commission on Environmental
45	45	Quality requesting that the commission appoint as successor
46	46	temporary directors the five persons named in the petition. The
47	47	commission shall appoint as successor temporary directors the five
48	48	persons named in the petition.
49	49	SECTION 3. Section 8132.025, Special District Local Laws
50	50	Code, is amended to read as follows:
51	51	Sec. 8132.025. EXPIRATION OF SUBCHAPTER. This subchapter
52	52	expires September 1, 2016 [2012].
53	53	SECTION 4. Chapter 8132, Special District Local Laws Code,
54	54	is amended by adding Subchapter D to read as follows:
55	55	SUBCHAPTER D. ONE-TIME DIVISION OF DISTRICT
56	56	Sec. 8132.151. AUTHORITY TO DIVIDE DISTRICT. The district
57	57	may be divided into two districts in accordance with this
58	58	subchapter after the creation of the district has been confirmed at
59	59	an election under Section 8132.023 if:
60	60	(1) the district does not have any outstanding debt
61	61	secured by district taxes or revenue;
62	62	(2) the district has not annexed land or been divided;
63	63	and
64	64	(3) each new district created by the division contains
65	65	at least 100 acres.
66	66	Sec. 8132.152. DIVISION PROCEDURES. (a) The board may
67	67	consider a proposal to divide the district on its own motion or on
68	68	receipt of a petition to that effect from a district landowner.
69	69	(b) The board may adopt a resolution to divide the district
70	70	into two districts named Williamson County Municipal Utility
71	71	District No. 21-A and Williamson County Municipal Utility District
72	72	No. 21-B. The resolution must include:
73	73	(1) the names of and a metes and bounds description of
74	74	the territory of the two new districts; and
75	75	(2) the terms and conditions of the division,
76	76	including a plan that:
77	77	(A) ensures current obligations of the district
78	78	are not impaired by providing for the payment or performance of any
79	79	outstanding district obligations; and
80	80	(B) provides for the assumption of any district
81	81	obligations under an agreement with or resolution adopted by a
82	82	municipality having jurisdiction over the creation of the district
83	83	consenting to the creation of the district, to the extent that the
84	84	agreement or resolution:
85	85	(i) is applicable;
86	86	(ii) is not contrary to any other law or
87	87	provision of this chapter; and
88	88	(iii) does not impose obligations that
89	89	limit the district's powers and authority to issue bonds for any
90	90	purpose authorized under this chapter.
91	91	(c) Not later than the 30th day after the date the board
92	92	adopts a resolution dividing the district, the board shall provide
93	93	a copy of the resolution and the names of the temporary directors of
94	94	the new districts to:
95	95	(1) the Texas Commission on Environmental Quality;
96	96	(2) the attorney general;
97	97	(3) the Commissioners Court of Williamson County; and
98	98	(4) any municipality having extraterritorial
99	99	jurisdiction over land in the original district.
100	100	Sec. 8132.153. GOVERNING NEW DISTRICTS. (a) The new
101	101	districts are separate districts and shall be governed as separate
102	102	districts.
103	103	(b) Until the 91st day after the date the board adopts a
104	104	resolution dividing the district, the board shall continue to act
105	105	on behalf of the district to wind up the affairs of the district.
106	106	(c) The district directors shall act as temporary directors
107	107	of one of the new districts and shall appoint five individuals to
108	108	serve as temporary directors of the other new district. A temporary
109	109	director is not required to own land in either of the new districts.
110	110	A temporary director shall qualify for and assume office not later
111	111	than the 90th day after the date the board adopts a resolution
112	112	dividing the district.
113	113	(d) Temporary directors of a new district serve until the
114	114	new district elects initial permanent directors. The election of
115	115	directors for each new district shall be held on the next uniform
116	116	election date in May of an even-numbered year after the date the
117	117	temporary directors take office that allows sufficient time to
118	118	comply with the requirements of other law.
119	119	(e) The initial permanent directors elected at an election
120	120	held under Subsection (d) serve staggered terms determined in the
121	121	manner provided for directors of the original district under
122	122	Section 8132.024.
123	123	Sec. 8132.154. POWERS AND DUTIES OF NEW DISTRICTS. (a)
124	124	Except as provided by Subsection (b), each new district created
125	125	under this subchapter has the powers and duties of the original
126	126	district under this chapter, including the powers and duties under
127	127	general law applicable to municipal utility districts that relate
128	128	to the imposition of a tax or the issuance of bonds.
129	129	(b) A new district does not have the power to divide into new
130	130	districts.
131	131	(c) A new district shall pay its proportionate share of any
132	132	obligations of the original district in accordance with the
133	133	resolution dividing the district. The new districts may pay debts
134	134	of the original district from district contributions or from the
135	135	proceeds resulting from the imposition of a tax, assessments on the
136	136	land in the district, or district revenue.
137	137	(d) A new district may contract with the other new district
138	138	for the provision of water or wastewater or regarding any other
139	139	matter the boards of directors of the districts consider
140	140	appropriate.
141	141	SECTION 5. (a) The legal notice of the intention to
142	142	introduce this Act, setting forth the general substance of this
143	143	Act, has been published as provided by law, and the notice and a
144	144	copy of this Act have been furnished to all persons, agencies,
145	145	officials, or entities to which they are required to be furnished
146	146	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
147	147	Government Code.
148	148	(b) The governor, one of the required recipients, has
149	149	submitted the notice and Act to the Texas Commission on
150	150	Environmental Quality.
151	151	(c) The Texas Commission on Environmental Quality has filed
152	152	its recommendations relating to this Act with the governor, the
153	153	lieutenant governor, and the speaker of the house of
154	154	representatives within the required time.
155	155	(d) All requirements of the constitution and laws of this
156	156	state and the rules and procedures of the legislature with respect
157	157	to the notice, introduction, and passage of this Act are fulfilled
158	158	and accomplished.
159	159	SECTION 6. This Act takes effect immediately if it receives
160	160	a vote of two-thirds of all the members elected to each house, as
161	161	provided by Section 39, Article III, Texas Constitution. If this
162	162	Act does not receive the vote necessary for immediate effect, this
163	163	Act takes effect September 1, 2009.
164	164	______________________________ ______________________________
165	165	President of the Senate Speaker of the House
166	166	I certify that H.B. No. 4748 was passed by the House on May 5,
167	167	2009, by the following vote: Yeas 144, Nays 0, 1 present, not
168	168	voting.
169	169	______________________________
170	170	Chief Clerk of the House
171	171	I certify that H.B. No. 4748 was passed by the Senate on May
172	172	26, 2009, by the following vote: Yeas 31, Nays 0.
173	173	______________________________
174	174	Secretary of the Senate
175	175	APPROVED: _____________________
176	176	Date
177	177	_____________________
178	178	Governor