Texas 2011 - 82nd Regular

Texas House Bill HB1852 Compare Versions

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Old	New	Differences
1	1	82R8733 RWG-D
2	2	By: Miller of Comal H.B. No. 1852
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the applicability to certain regional water districts
8	8	of provisions concerning bond approval by the Texas Commission on
9	9	Environmental Quality.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 49.181(h), Water Code, is amended to
12	12	read as follows:
13	13	(h) This section does not apply to a district if:
14	14	(1) the district's boundaries include one entire
15	15	county;
16	16	(2) the district was created by a special Act of the
17	17	legislature and:
18	18	(A) the district is located entirely within one
19	19	county;
20	20	(B) is entirely within one or more home-rule
21	21	municipalities;
22	22	(C) the total taxable value of the real property
23	23	and improvements to the real property zoned by one or more home-rule
24	24	municipalities for residential purposes and located within the
25	25	district does not exceed 25 percent of the total taxable value of
26	26	all taxable property in the district, as shown by the most recent
27	27	certified appraisal tax roll prepared by the appraisal district for
28	28	the county; and
29	29	(D) the district was not required by law to
30	30	obtain commission approval of its bonds before the effective date
31	31	of this section;
32	32	(3) the district is a special water authority;
33	33	(4) the district is governed by a board of directors
34	34	appointed in whole or in part by the governor, a state agency, or
35	35	the governing body or chief elected official of a municipality or
36	36	county and does not provide, or propose to provide, water, sewer,
37	37	drainage, reclamation, or flood control services to residential
38	38	retail or commercial customers as its principal function; [or]
39	39	(5) the district on September 1, 2003:
40	40	(A) is a municipal utility district that includes
41	41	territory in only two counties;
42	42	(B) has outstanding long-term indebtedness that
43	43	is rated BBB or better by a nationally recognized rating agency for
44	44	municipal securities; and
45	45	(C) has at least 5,000 active water connections;
46	46	or
47	47	(6) the district:
48	48	(A) is a conservation and reclamation district
49	49	created under Section 59, Article XVI, Texas Constitution, that
50	50	includes territory in at least three counties; and
51	51	(B) has the rights, powers, privileges, and
52	52	functions applicable to a river authority under Chapter 30.
53	53	SECTION 2. The change in law made by this Act does not apply
54	54	to bonds with regard to which an application and report were
55	55	submitted to the Texas Natural Resource Conservation Commission or
56	56	the Texas Commission on Environmental Quality under Section
57	57	49.181(b), Water Code, before the effective date of this Act. Those
58	58	bonds are governed by the law as it existed immediately before the
59	59	effective date of this Act, and that law is continued in effect for
60	60	that purpose.
61	61	SECTION 3. This Act takes effect immediately if it receives
62	62	a vote of two-thirds of all the members elected to each house, as
63	63	provided by Section 39, Article III, Texas Constitution. If this
64	64	Act does not receive the vote necessary for immediate effect, this
65	65	Act takes effect September 1, 2011.