1 | 1 | | By: Eiland (Senate Sponsor - Huffman) H.B. No. 3821 |
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2 | 2 | | (In the Senate - Received from the House May 4, 2011; |
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3 | 3 | | May 5, 2011, read first time and referred to Committee on |
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4 | 4 | | Intergovernmental Relations; May 21, 2011, reported favorably by |
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5 | 5 | | the following vote: Yeas 3, Nays 0; May 21, 2011, sent to |
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6 | 6 | | printer.) |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | A BILL TO BE ENTITLED |
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10 | 10 | | AN ACT |
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11 | 11 | | relating to temporary directors and the continuation in existence |
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12 | 12 | | of the Bolivar Yacht Basin Water Control and Improvement District |
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13 | 13 | | No. 1 of Galveston County. |
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14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 15 | | SECTION 1. The heading to Subchapter A-1, Chapter 9027, |
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16 | 16 | | Special District Local Laws Code, is amended to read as follows: |
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17 | 17 | | SUBCHAPTER A-1. ORGANIZATION AND CONFIRMATION [TEMPORARY |
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18 | 18 | | PROVISIONS] |
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19 | 19 | | SECTION 2. Section 9027.021, Special District Local Laws |
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20 | 20 | | Code, is amended by amending Subsection (d) and adding Subsections |
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21 | 21 | | (e) and (f) to read as follows: |
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22 | 22 | | (d) Temporary directors serve until the earlier of: |
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23 | 23 | | (1) the date directors are elected under Section |
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24 | 24 | | 9027.023; or |
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25 | 25 | | (2) the fourth anniversary of the effective date of |
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26 | 26 | | the Act enacting this chapter [date this chapter expires under |
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27 | 27 | | Section 9027.003]. |
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28 | 28 | | (e) If directors have not been elected under Section |
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29 | 29 | | 9027.023 and the terms of the temporary directors have expired, |
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30 | 30 | | successor temporary directors shall be appointed or reappointed as |
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31 | 31 | | provided by Subsection (f) to serve terms that expire on the earlier |
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32 | 32 | | of: |
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33 | 33 | | (1) the date directors are elected under Section |
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34 | 34 | | 9027.023; or |
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35 | 35 | | (2) the fourth anniversary of the date of the |
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36 | 36 | | appointment or reappointment. |
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37 | 37 | | (f) If Subsection (e) applies, the owner or owners of a |
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38 | 38 | | majority of the assessed value of the real property in the district |
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39 | 39 | | may submit a petition to the Texas Commission on Environmental |
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40 | 40 | | Quality requesting that the commission appoint as successor |
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41 | 41 | | temporary directors the five persons named in the petition. The |
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42 | 42 | | commission shall appoint as successor temporary directors the five |
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43 | 43 | | persons named in the petition. |
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44 | 44 | | SECTION 3. Sections 9027.003 and 9027.025, Special District |
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45 | 45 | | Local Laws Code, are repealed. |
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46 | 46 | | SECTION 4. Regardless of whether Section 9027.003, Special |
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47 | 47 | | District Local Laws Code, is repealed on the same day that this Act |
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48 | 48 | | takes effect, the Bolivar Yacht Basin Water Control and Improvement |
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49 | 49 | | District No. 1 of Galveston County is continued in existence and is |
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50 | 50 | | not dissolved September 1, 2011. |
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51 | 51 | | SECTION 5. (a) The legal notice of the intention to |
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52 | 52 | | introduce this Act, setting forth the general substance of this |
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53 | 53 | | Act, has been published as provided by law, and the notice and a |
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54 | 54 | | copy of this Act have been furnished to all persons, agencies, |
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55 | 55 | | officials, or entities to which they are required to be furnished |
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56 | 56 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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57 | 57 | | Government Code. |
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58 | 58 | | (b) The governor, one of the required recipients, has |
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59 | 59 | | submitted the notice and Act to the Texas Commission on |
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60 | 60 | | Environmental Quality. |
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61 | 61 | | (c) The Texas Commission on Environmental Quality has filed |
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62 | 62 | | its recommendations relating to this Act with the governor, the |
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63 | 63 | | lieutenant governor, and the speaker of the house of |
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64 | 64 | | representatives within the required time. |
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65 | 65 | | (d) All requirements of the constitution and laws of this |
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66 | 66 | | state and the rules and procedures of the legislature with respect |
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67 | 67 | | to the notice, introduction, and passage of this Act are fulfilled |
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68 | 68 | | and accomplished. |
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69 | 69 | | SECTION 6. This Act takes effect immediately if it receives |
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70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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73 | 73 | | Act takes effect September 1, 2011. |
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74 | 74 | | * * * * * |
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