Texas 2011 - 82nd Regular

Texas House Bill HB3840 Compare Versions

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1	1	By: Parker (Senate Sponsor - Nelson) H.B. No. 3840
2	2	(In the Senate - Received from the House May 13, 2011;
3	3	May 13, 2011, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 19, 2011, reported favorably by
5	5	the following vote: Yeas 5, Nays 0; May 19, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the extension of the deadline for holding the
11	11	confirmation and initial directors' election of the Tradition
12	12	Municipal Utility District No. 2 of Denton County.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 8189.003, Special District Local Laws
15	15	Code, is amended to read as follows:
16	16	Sec. 8189.003. CONFIRMATION ELECTION REQUIRED. If the
17	17	creation of the district is not confirmed at a confirmation
18	18	election held under Section 8189.024 before September 1, 2015
19	19	[2011]:
20	20	(1) the district is dissolved September 1, 2015
21	21	[2011], except that:
22	22	(A) any debts incurred shall be paid;
23	23	(B) any assets that remain after the payment of
24	24	debts shall be transferred to Denton County; and
25	25	(C) the organization of the district shall be
26	26	maintained until all debts are paid and remaining assets are
27	27	transferred; and
28	28	(2) this chapter expires September 1, 2018 [2014].
29	29	SECTION 2. Section 8189.021, Special District Local Laws
30	30	Code, is amended by amending Subsection (d) and adding Subsections
31	31	(e) and (f) to read as follows:
32	32	(d) Temporary directors serve until the earlier of:
33	33	(1) the date initial directors are elected under
34	34	Section 8189.024; or
35	35	(2) the fourth anniversary of the date on which the
36	36	temporary directors were appointed [date this subchapter expires
37	37	under Section 8189.026].
38	38	(e) If initial directors have not been elected under Section
39	39	8189.024 and the terms of the temporary directors have expired,
40	40	successor temporary directors shall be appointed or reappointed as
41	41	provided by Subsection (f) to serve terms that expire on the
42	42	earliest of:
43	43	(1) the date initial directors are elected under
44	44	Section 8189.024;
45	45	(2) the fourth anniversary of the date of the
46	46	appointment or reappointment; or
47	47	(3) the date this chapter expires under Section
48	48	8189.003.
49	49	(f) If Subsection (e) applies, the owner or owners of a
50	50	majority of the assessed value of the real property in the district
51	51	may submit a petition to the Texas Commission on Environmental
52	52	Quality requesting that the commission appoint as successor
53	53	temporary directors the five persons named in the petition. The
54	54	commission shall appoint as successor temporary directors the five
55	55	persons named in the petition.
56	56	SECTION 3. Section 8189.026, Special District Local Laws
57	57	Code, is amended to read as follows:
58	58	Sec. 8189.026. EXPIRATION OF SUBCHAPTER. This subchapter
59	59	expires September 1, 2018 [2014].
60	60	SECTION 4. (a) The legal notice of the intention to
61	61	introduce this Act, setting forth the general substance of this
62	62	Act, has been published as provided by law, and the notice and a
63	63	copy of this Act have been furnished to all persons, agencies,
64	64	officials, or entities to which they are required to be furnished
65	65	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
66	66	Government Code.
67	67	(b) The governor, one of the required recipients, has
68	68	submitted the notice and Act to the Texas Commission on
69	69	Environmental Quality.
70	70	(c) The Texas Commission on Environmental Quality has filed
71	71	its recommendations relating to this Act with the governor, the
72	72	lieutenant governor, and the speaker of the house of
73	73	representatives within the required time.
74	74	(d) All requirements of the constitution and laws of this
75	75	state and the rules and procedures of the legislature with respect
76	76	to the notice, introduction, and passage of this Act are fulfilled
77	77	and accomplished.
78	78	SECTION 5. This Act takes effect immediately if it receives
79	79	a vote of two-thirds of all the members elected to each house, as
80	80	provided by Section 39, Article III, Texas Constitution. If this
81	81	Act does not receive the vote necessary for immediate effect, this
82	82	Act takes effect September 1, 2011.
83	83	* * * * *