| 1 | 1 | | By: Hegar S.B. No. 1835 |
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| 2 | 2 | | (Morrison) |
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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 Calhoun County Groundwater Conservation District; |
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| 8 | 8 | | providing authority to impose a voter-approved tax. |
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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. Subsections (a) and (b), Section 8860.022, |
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| 11 | 11 | | Special District Local Laws Code, are amended to read as follows: |
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| 12 | 12 | | (a) The [Not later than October 1, 2011, the] temporary |
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| 13 | 13 | | directors shall meet and shall order an election to be held in the |
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| 14 | 14 | | district not later than December 31, 2016 [September 1, 2012], to |
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| 15 | 15 | | confirm the creation of the district. |
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| 16 | 16 | | (b) The ballot for the election shall be printed to provide |
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| 17 | 17 | | for voting for or against the proposition: "The creation of the |
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| 18 | 18 | | Calhoun County Groundwater Conservation District." The ballot may |
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| 19 | 19 | | also include a provision to vote for or against [and] the district's |
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| 20 | 20 | | imposition of a tax not to exceed two cents on each $100 valuation |
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| 21 | 21 | | of taxable property in the district or a fee to pay the maintenance |
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| 22 | 22 | | and operating costs of the district.["] |
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| 23 | 23 | | SECTION 2. Section 8860.152, Special District Local Laws |
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| 24 | 24 | | Code, is amended to read as follows: |
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| 25 | 25 | | Sec. 8860.152. LIMITATION ON TAXES [PROHIBITED]. The |
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| 26 | 26 | | district may not impose an ad valorem [a] tax at a rate that exceeds |
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| 27 | 27 | | two cents on each $100 valuation of taxable property in the |
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| 28 | 28 | | district, and any tax imposed under this section must first be |
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| 29 | 29 | | approved by the voters of the district at the election held to |
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| 30 | 30 | | confirm the creation of the district or at a separate election held |
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| 31 | 31 | | in accordance with Section 36.201 [does not have the authority |
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| 32 | 32 | | granted by Sections 36.020 and 36.201-36.204], Water Code[, |
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| 33 | 33 | | relating to taxes]. |
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| 34 | 34 | | SECTION 3. (a) The legislature validates and confirms all |
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| 35 | 35 | | governmental acts and proceedings of the Calhoun County |
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| 36 | 36 | | Commissioners Court relating to the appointment of temporary |
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| 37 | 37 | | directors of the Calhoun County Groundwater Conservation District |
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| 38 | 38 | | and of that district that were taken before the effective date of |
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| 39 | 39 | | this Act. |
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| 40 | 40 | | (b) This section does not apply to any matter that on the |
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| 41 | 41 | | effective date of this Act: |
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| 42 | 42 | | (1) is involved in litigation if the litigation |
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| 43 | 43 | | ultimately results in the matter being held invalid by a final court |
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| 44 | 44 | | judgment; or |
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| 45 | 45 | | (2) has been held invalid by a final court judgment. |
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| 46 | 46 | | SECTION 4. (a) The legal notice of the intention to |
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| 47 | 47 | | introduce this Act, setting forth the general substance of this |
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| 48 | 48 | | Act, has been published as provided by law, and the notice and a |
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| 49 | 49 | | copy of this Act have been furnished to all persons, agencies, |
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| 50 | 50 | | officials, or entities to which they are required to be furnished |
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| 51 | 51 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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| 52 | 52 | | Government Code. |
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| 53 | 53 | | (b) The governor, one of the required recipients, has |
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| 54 | 54 | | submitted the notice and Act to the Texas Commission on |
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| 55 | 55 | | Environmental Quality. |
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| 56 | 56 | | (c) The Texas Commission on Environmental Quality has filed |
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| 57 | 57 | | its recommendations relating to this Act with the governor, the |
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| 58 | 58 | | lieutenant governor, and the speaker of the house of |
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| 59 | 59 | | representatives within the required time. |
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| 60 | 60 | | (d) All requirements of the constitution and laws of this |
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| 61 | 61 | | state and the rules and procedures of the legislature with respect |
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| 62 | 62 | | to the notice, introduction, and passage of this Act are fulfilled |
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| 63 | 63 | | and accomplished. |
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| 64 | 64 | | SECTION 5. This Act takes effect immediately if it receives |
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| 65 | 65 | | a vote of two-thirds of all the members elected to each house, as |
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| 66 | 66 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 67 | 67 | | Act does not receive the vote necessary for immediate effect, this |
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| 68 | 68 | | Act takes effect September 1, 2013. |
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