| 1 | 1 | | By: Wentworth S.B. No. 1596 |
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| 2 | 2 | | (Isaac) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to changes in participation in public utility agencies. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subdivision (1), Section 572.051, Local |
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| 10 | 10 | | Government Code, is amended to read as follows: |
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| 11 | 11 | | (1) "Concurrent ordinance" means an ordinance or |
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| 12 | 12 | | resolution adopted under this subchapter by two or more public |
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| 13 | 13 | | entities [that relates to the creation or re-creation of a public |
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| 14 | 14 | | utility agency]. |
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| 15 | 15 | | SECTION 2. Section 572.053, Local Government Code, is |
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| 16 | 16 | | amended to read as follows: |
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| 17 | 17 | | Sec. 572.053. CHANGES IN PUBLIC ENTITIES PARTICIPATING IN |
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| 18 | 18 | | [RE-CREATION OF] PUBLIC UTILITY AGENCY. The public entities that |
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| 19 | 19 | | participate in [create] a public utility agency may by concurrent |
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| 20 | 20 | | ordinances add [re-create the agency by adding or deleting, or |
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| 21 | 21 | | both,] a public entity to, or delete a public entity from, |
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| 22 | 22 | | participation in the public utility agency. |
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| 23 | 23 | | SECTION 3. Section 572.054, Local Government Code, is |
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| 24 | 24 | | amended by amending Subsections (a) and (c) and adding Subsection |
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| 25 | 25 | | (a-1) to read as follows: |
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| 26 | 26 | | (a) The governing body of each public entity that |
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| 27 | 27 | | participates in the creation of a public utility agency shall |
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| 28 | 28 | | publish notice of its intention to create the [a public utility] |
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| 29 | 29 | | agency in a newspaper of general circulation in the county in which |
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| 30 | 30 | | the entity is located [domiciled]. |
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| 31 | 31 | | (a-1) The governing body of a public entity that proposes to |
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| 32 | 32 | | be added to an existing public utility agency shall publish notice |
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| 33 | 33 | | of its intention to be added to the agency in a newspaper of general |
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| 34 | 34 | | circulation in the county in which the entity is located. |
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| 35 | 35 | | (c) The notice must state: |
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| 36 | 36 | | (1) the date, time, and location at which the |
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| 37 | 37 | | governing body proposes to adopt the concurrent ordinance; and |
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| 38 | 38 | | (2) that a public utility agency will be created or a |
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| 39 | 39 | | public entity will be added to an agency on the date on which the |
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| 40 | 40 | | concurrent ordinances take effect, as applicable. |
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| 41 | 41 | | SECTION 4. Section 572.055, Local Government Code, is |
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| 42 | 42 | | amended to read as follows: |
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| 43 | 43 | | Sec. 572.055. CONTENTS OF CONCURRENT ORDINANCE. A |
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| 44 | 44 | | concurrent ordinance creating a public utility agency under Section |
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| 45 | 45 | | 572.052 or changing the public entities participating in |
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| 46 | 46 | | [re-creating] an agency under Section 572.053 must, as adopted by |
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| 47 | 47 | | each public entity: |
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| 48 | 48 | | (1) contain identical provisions; |
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| 49 | 49 | | (2) define the boundaries of the agency to include the |
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| 50 | 50 | | territory within the boundaries of each participating public entity |
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| 51 | 51 | | as the boundaries are changed periodically; |
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| 52 | 52 | | (3) designate the name of the agency; and |
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| 53 | 53 | | (4) designate the number, place, initial term, and |
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| 54 | 54 | | manner of appointment of directors in accordance with Section |
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| 55 | 55 | | 572.057. |
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| 56 | 56 | | SECTION 5. Subsection (a), Section 572.056, Local |
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| 57 | 57 | | Government Code, is amended to read as follows: |
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| 58 | 58 | | (a) If, before the date set for the adoption of a concurrent |
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| 59 | 59 | | ordinance that creates a public utility agency or adds a public |
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| 60 | 60 | | entity to an agency, 10 percent of the registered voters of a public |
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| 61 | 61 | | entity required to publish notice of the creation or addition |
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| 62 | 62 | | present a petition to the governing body of the entity requesting |
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| 63 | 63 | | that a referendum be called, the ordinance may not take effect |
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| 64 | 64 | | unless a majority of the qualified voters of the entity voting in |
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| 65 | 65 | | the election have approved the ordinance. |
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| 66 | 66 | | SECTION 6. Sections 572.053, 572.054, 572.055, and 572.056, |
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| 67 | 67 | | Local Government Code, as amended by this Act, apply only to a |
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| 68 | 68 | | public entity that participates in a public utility agency created |
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| 69 | 69 | | or changed on or after the effective date of this Act. |
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| 70 | 70 | | SECTION 7. This Act takes effect immediately if it receives |
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| 71 | 71 | | a vote of two-thirds of all the members elected to each house, as |
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| 72 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 73 | 73 | | Act does not receive the vote necessary for immediate effect, this |
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| 74 | 74 | | Act takes effect September 1, 2011. |
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