By: Hegar S.B. No. 1835
A BILL TO BE ENTITLED
AN ACT
relating to the Calhoun County Groundwater Conservation District;
providing authority to impose a voter-approved tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a) and (b), Section 8860.022,
Special District Local Laws Code, are amended to read as follows:
(a) The [Not later than October 1, 2011, the] temporary
directors shall meet and shall order an election to be held in the
district not later than December 31, 2016 [September 1, 2012], to
confirm the creation of the district.
(b) The ballot for the election shall be printed to provide
for voting for or against the proposition: "The creation of the
Calhoun County Groundwater Conservation District." The ballot may
also include a provision to vote for or against [and] the district's
imposition of a tax not to exceed two cents on each $100 valuation
of taxable property in the district or a fee to pay the maintenance
and operating costs of the district.["]
SECTION 2. Section 8860.152, Special District Local Laws
Code, is amended to read as follows:
Sec. 8860.152. LIMITATION ON TAXES [PROHIBITED]. The
district may not impose an ad valorem [a] tax at a rate that exceeds
two cents on each $100 valuation of taxable property in the
district, and any tax imposed under this section must first be
approved by the voters of the district at the election held to
confirm the creation of the district or at a separate election held
in accordance with Section 36.201 [does not have the authority
granted by Sections 36.020 and 36.201-36.204], Water Code[,
relating to taxes].
SECTION 3. (a) The legislature validates and confirms all
governmental acts and proceedings of the Calhoun County
Commissioners Court relating to the appointment of temporary
directors of the Calhoun County Groundwater Conservation District
and of that district that were taken before the effective date of
this Act.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
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, 2013.