By: Parker (Senate Sponsor - Nelson) H.B. No. 3840
(In the Senate - Received from the House May 13, 2011;
May 13, 2011, read first time and referred to Committee on
Intergovernmental Relations; May 19, 2011, reported favorably by
the following vote: Yeas 5, Nays 0; May 19, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the extension of the deadline for holding the
confirmation and initial directors' election of the Tradition
Municipal Utility District No. 2 of Denton County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8189.003, Special District Local Laws
Code, is amended to read as follows:
Sec. 8189.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8189.024 before September 1, 2015
[2011]:
(1) the district is dissolved September 1, 2015
[2011], except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Denton County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2018 [2014].
SECTION 2. Section 8189.021, 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 initial directors are elected under
Section 8189.024; or
(2) the fourth anniversary of the date on which the
temporary directors were appointed [date this subchapter expires
under Section 8189.026].
(e) If initial directors have not been elected under Section
8189.024 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
earliest of:
(1) the date initial directors are elected under
Section 8189.024;
(2) the fourth anniversary of the date of the
appointment or reappointment; or
(3) the date this chapter expires under Section
8189.003.
(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. Section 8189.026, Special District Local Laws
Code, is amended to read as follows:
Sec. 8189.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2018 [2014].
SECTION 4. (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 5. 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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