1 | 1 | | By: Farney (Senate Sponsor - Schwertner) H.B. No. 701 |
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2 | 2 | | (In the Senate - Received from the House April 15, 2013; |
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3 | 3 | | April 17, 2013, read first time and referred to Committee on |
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4 | 4 | | Administration; April 23, 2013, reported favorably by the |
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5 | 5 | | following vote: Yeas 4, Nays 0; April 23, 2013, sent to printer.) |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | A BILL TO BE ENTITLED |
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9 | 9 | | AN ACT |
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10 | 10 | | relating to the Corn Hill Regional Water Authority; providing |
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11 | 11 | | authority to impose fees and taxes. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 8364.004(c), Special District Local Laws |
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14 | 14 | | Code, is amended to read as follows: |
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15 | 15 | | (c) The authority is created to accomplish: |
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16 | 16 | | (1) the control, storage, conservation, preservation, |
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17 | 17 | | distribution, and use of water for domestic, industrial, municipal, |
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18 | 18 | | and all other useful purposes as provided by Section 59, Article |
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19 | 19 | | XVI, Texas Constitution; |
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20 | 20 | | (2) the reclamation and drainage of the district's |
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21 | 21 | | overflowed lands and other lands needing drainage; |
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22 | 22 | | (3) the control, abatement, and change of any shortage |
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23 | 23 | | or harmful excess of water; and |
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24 | 24 | | (4) the protection, preservation, and restoration of |
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25 | 25 | | the purity and sanitary condition of water within the state. |
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26 | 26 | | SECTION 2. Subchapter B, Chapter 8364, Special District |
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27 | 27 | | Local Laws Code, is amended by adding Section 8364.052 to read as |
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28 | 28 | | follows: |
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29 | 29 | | Sec. 8364.052. EX OFFICIO DIRECTORS. (a) At any time, the |
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30 | 30 | | board may by resolution: |
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31 | 31 | | (1) appoint a nonvoting ex officio director to serve |
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32 | 32 | | at the pleasure of the board; and |
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33 | 33 | | (2) remove an ex officio director. |
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34 | 34 | | (b) An ex officio director: |
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35 | 35 | | (1) is entitled to all notices and information given |
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36 | 36 | | to and accessible to a director; and |
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37 | 37 | | (2) may attend and participate in any board meeting. |
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38 | 38 | | SECTION 3. Section 8364.072(a), Special District Local Laws |
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39 | 39 | | Code, is amended to read as follows: |
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40 | 40 | | (a) A municipality, county, or other political subdivision |
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41 | 41 | | may petition the board to add that municipality, county, or other |
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42 | 42 | | political subdivision as a member entity. |
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43 | 43 | | SECTION 4. Section 8364.103, Special District Local Laws |
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44 | 44 | | Code, is amended to read as follows: |
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45 | 45 | | Sec. 8364.103. MUNICIPAL UTILITY DISTRICT POWERS AND |
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46 | 46 | | DUTIES; LIMITATIONS. (a) Except as provided by Subsection |
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47 | 47 | | [Subsections] (b) [and (c)], the authority has the powers and |
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48 | 48 | | duties provided by the general law of this state, including |
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49 | 49 | | Chapters 49 and 54, Water Code, applicable to municipal utility |
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50 | 50 | | districts created under Section 59, Article XVI, Texas |
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51 | 51 | | Constitution. |
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52 | 52 | | (b) The authority may not provide [wastewater, drainage,] |
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53 | 53 | | solid waste disposal[,] or road facilities or services. |
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54 | 54 | | [(c) The authority does not have any power that the member |
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55 | 55 | | entities do not have.] |
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56 | 56 | | SECTION 5. Section 8364.151(a), Special District Local Laws |
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57 | 57 | | Code, is amended to read as follows: |
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58 | 58 | | (a) For any authorized authority purpose, the authority may |
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59 | 59 | | issue bonds or other obligations payable wholly or partly from |
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60 | 60 | | revenue of the authority's water system, sanitary sewer system, or |
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61 | 61 | | drainage system, including revenue from contracts with member |
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62 | 62 | | entities or customers, or any combination of those sources of |
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63 | 63 | | revenue. |
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64 | 64 | | SECTION 6. Subchapter D, Chapter 8364, Special District |
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65 | 65 | | Local Laws Code, is amended by adding Section 8364.153 to read as |
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66 | 66 | | follows: |
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67 | 67 | | Sec. 8364.153. FUNDING BY MEMBERS. Under a contract with |
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68 | 68 | | the authority, a member entity may make payments from any of the |
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69 | 69 | | member entity's sources of revenue, including ad valorem taxes, |
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70 | 70 | | impact fees, grants, sales and use taxes, and any other source to |
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71 | 71 | | provide money for the administrative and operating expenses of the |
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72 | 72 | | authority. |
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73 | 73 | | SECTION 7. (a) The legal notice of the intention to |
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74 | 74 | | introduce this Act, setting forth the general substance of this |
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75 | 75 | | Act, has been published as provided by law, and the notice and a |
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76 | 76 | | copy of this Act have been furnished to all persons, agencies, |
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77 | 77 | | officials, or entities to which they are required to be furnished |
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78 | 78 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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79 | 79 | | Government Code. |
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80 | 80 | | (b) The governor, one of the required recipients, has |
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81 | 81 | | submitted the notice and Act to the Texas Commission on |
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82 | 82 | | Environmental Quality. |
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83 | 83 | | (c) The Texas Commission on Environmental Quality has filed |
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84 | 84 | | its recommendations relating to this Act with the governor, the |
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85 | 85 | | lieutenant governor, and the speaker of the house of |
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86 | 86 | | representatives within the required time. |
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87 | 87 | | (d) All requirements of the constitution and laws of this |
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88 | 88 | | state and the rules and procedures of the legislature with respect |
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89 | 89 | | to the notice, introduction, and passage of this Act are fulfilled |
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90 | 90 | | and accomplished. |
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91 | 91 | | SECTION 8. This Act takes effect immediately if it receives |
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92 | 92 | | a vote of two-thirds of all the members elected to each house, as |
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93 | 93 | | provided by Section 39, Article III, Texas Constitution. If this |
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94 | 94 | | Act does not receive the vote necessary for immediate effect, this |
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95 | 95 | | Act takes effect September 1, 2013. |
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96 | 96 | | * * * * * |
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