By: Eiland (Senate Sponsor - Huffman) H.B. No. 3821
(In the Senate - Received from the House May 4, 2011;
May 5, 2011, read first time and referred to Committee on
Intergovernmental Relations; May 21, 2011, reported favorably by
the following vote: Yeas 3, Nays 0; May 21, 2011, sent to
printer.)
A BILL TO BE ENTITLED
AN ACT
relating to temporary directors and the continuation in existence
of the Bolivar Yacht Basin Water Control and Improvement District
No. 1 of Galveston County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter A-1, Chapter 9027,
Special District Local Laws Code, is amended to read as follows:
SUBCHAPTER A-1. ORGANIZATION AND CONFIRMATION [TEMPORARY
PROVISIONS]
SECTION 2. Section 9027.021, 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 directors are elected under Section
9027.023; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter [date this chapter expires under
Section 9027.003].
(e) If directors have not been elected under Section
9027.023 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 directors are elected under Section
9027.023; 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. Sections 9027.003 and 9027.025, Special District
Local Laws Code, are repealed.
SECTION 4. Regardless of whether Section 9027.003, Special
District Local Laws Code, is repealed on the same day that this Act
takes effect, the Bolivar Yacht Basin Water Control and Improvement
District No. 1 of Galveston County is continued in existence and is
not dissolved September 1, 2011.
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, 2011.
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