| 1 | 1 | | By: Hegar S.B. No. 1830 |
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| 2 | 2 | | (Zerwas) |
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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 the powers and duties of Fort Bend County Municipal |
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| 8 | 8 | | Utility District No. 194. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subsection (b), Section 8317.002, Special |
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| 11 | 11 | | District Local Laws Code, is amended to read as follows: |
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| 12 | 12 | | (b) The district is essential to accomplish the purposes of |
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| 13 | 13 | | Section 52, Article III, Texas Constitution, that relate to the |
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| 14 | 14 | | construction, acquisition, [or] improvement, operation, or |
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| 15 | 15 | | maintenance of macadamized, graveled, or paved roads [described by |
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| 16 | 16 | | Section 54.234, Water Code], or improvements, including storm |
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| 17 | 17 | | drainage, in aid of those roads. |
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| 18 | 18 | | SECTION 2. Section 8317.053, Special District Local Laws |
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| 19 | 19 | | Code, is amended to read as follows: |
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| 20 | 20 | | Sec. 8317.053. AUTHORITY FOR ROAD PROJECTS. [(a)] Under |
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| 21 | 21 | | Section 52, Article III, Texas Constitution, the district may |
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| 22 | 22 | | design, acquire, construct, finance, issue bonds for, improve, |
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| 23 | 23 | | operate, maintain, and convey to this state, a county, or a |
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| 24 | 24 | | municipality for operation and maintenance macadamized, graveled, |
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| 25 | 25 | | or paved roads [described by Section 54.234, Water Code], or |
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| 26 | 26 | | improvements, including storm drainage, in aid of those roads. |
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| 27 | 27 | | [(b) The district may exercise the powers provided by this |
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| 28 | 28 | | section without submitting a petition to or obtaining approval from |
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| 29 | 29 | | the Texas Commission on Environmental Quality as required by |
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| 30 | 30 | | Section 54.234, Water Code.] |
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| 31 | 31 | | SECTION 3. Subchapter B, Chapter 8317, Special District |
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| 32 | 32 | | Local Laws Code, is amended by adding Section 8317.0541 to read as |
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| 33 | 33 | | follows: |
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| 34 | 34 | | Sec. 8317.0541. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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| 35 | 35 | | road project must meet all applicable construction standards, |
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| 36 | 36 | | zoning and subdivision requirements, and regulations of each |
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| 37 | 37 | | municipality in whose corporate limits or extraterritorial |
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| 38 | 38 | | jurisdiction the road project is located. |
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| 39 | 39 | | (b) If a road project is not located in the corporate limits |
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| 40 | 40 | | or extraterritorial jurisdiction of a municipality, the road |
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| 41 | 41 | | project must meet all applicable construction standards, |
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| 42 | 42 | | subdivision requirements, and regulations of each county in which |
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| 43 | 43 | | the road project is located. |
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| 44 | 44 | | (c) If the state will maintain and operate the road, the |
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| 45 | 45 | | Texas Transportation Commission must approve the plans and |
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| 46 | 46 | | specifications of the road project. |
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| 47 | 47 | | SECTION 4. Section 8317.054, Special District Local Laws |
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| 48 | 48 | | Code, is repealed. |
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| 49 | 49 | | SECTION 5. Fort Bend County Municipal Utility District No. |
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| 50 | 50 | | 194 retains all rights, powers, privileges, authority, duties, and |
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| 51 | 51 | | functions that it had before the effective date of this Act. |
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| 52 | 52 | | SECTION 6. (a) The legislature validates and confirms all |
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| 53 | 53 | | governmental acts and proceedings of the Fort Bend County Municipal |
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| 54 | 54 | | Utility District No. 194 that were taken before the effective date |
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| 55 | 55 | | of this Act. |
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| 56 | 56 | | (b) This section does not apply to any matter that on the |
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| 57 | 57 | | effective date of this Act: |
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| 58 | 58 | | (1) is involved in litigation if the litigation |
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| 59 | 59 | | ultimately results in the matter being held invalid by a final court |
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| 60 | 60 | | judgment; or |
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| 61 | 61 | | (2) has been held invalid by a final court judgment. |
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| 62 | 62 | | SECTION 7. (a) The legal notice of the intention to |
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| 63 | 63 | | introduce this Act, setting forth the general substance of this |
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| 64 | 64 | | Act, has been published as provided by law, and the notice and a |
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| 65 | 65 | | copy of this Act have been furnished to all persons, agencies, |
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| 66 | 66 | | officials, or entities to which they are required to be furnished |
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| 67 | 67 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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| 68 | 68 | | Government Code. |
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| 69 | 69 | | (b) The governor, one of the required recipients, has |
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| 70 | 70 | | submitted the notice and Act to the Texas Commission on |
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| 71 | 71 | | Environmental Quality. |
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| 72 | 72 | | (c) The Texas Commission on Environmental Quality has filed |
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| 73 | 73 | | its recommendations relating to this Act with the governor, the |
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| 74 | 74 | | lieutenant governor, and the speaker of the house of |
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| 75 | 75 | | representatives within the required time. |
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| 76 | 76 | | (d) All requirements of the constitution and laws of this |
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| 77 | 77 | | state and the rules and procedures of the legislature with respect |
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| 78 | 78 | | to the notice, introduction, and passage of this Act are fulfilled |
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| 79 | 79 | | and accomplished. |
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| 80 | 80 | | SECTION 8. This Act takes effect immediately if it receives |
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| 81 | 81 | | a vote of two-thirds of all the members elected to each house, as |
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| 82 | 82 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 83 | 83 | | Act does not receive the vote necessary for immediate effect, this |
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| 84 | 84 | | Act takes effect September 1, 2013. |
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