| 1 | 1 | | 84R12537 GRM-F |
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| 2 | 2 | | By: Lucio S.B. No. 1663 |
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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 exempting certain water districts from review and |
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| 8 | 8 | | supervision by the Texas Commission on Environmental Quality of |
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| 9 | 9 | | district bond packages and projects. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 49.181(h), Water Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (h) This section does not apply to: |
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| 14 | 14 | | (1) a district if: |
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| 15 | 15 | | (A) the district's boundaries include one entire |
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| 16 | 16 | | county; |
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| 17 | 17 | | (B) the district was created by a special Act of |
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| 18 | 18 | | the legislature and: |
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| 19 | 19 | | (i) the district is located entirely within |
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| 20 | 20 | | one county; |
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| 21 | 21 | | (ii) the district is located entirely |
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| 22 | 22 | | within one or more home-rule municipalities; |
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| 23 | 23 | | (iii) the total taxable value of the real |
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| 24 | 24 | | property and improvements to the real property zoned by one or more |
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| 25 | 25 | | home-rule municipalities for residential purposes and located |
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| 26 | 26 | | within the district does not exceed 25 percent of the total taxable |
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| 27 | 27 | | value of all taxable property in the district, as shown by the most |
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| 28 | 28 | | recent certified appraisal tax roll prepared by the appraisal |
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| 29 | 29 | | district for the county; and |
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| 30 | 30 | | (iv) the district was not required by law to |
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| 31 | 31 | | obtain commission approval of its bonds before the effective date |
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| 32 | 32 | | of this section; |
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| 33 | 33 | | (C) the district is a special water authority; |
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| 34 | 34 | | (D) the district is governed by a board of |
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| 35 | 35 | | directors appointed in whole or in part by the governor, a state |
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| 36 | 36 | | agency, or the governing body or chief elected official of a |
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| 37 | 37 | | municipality or county and does not provide, or propose to provide, |
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| 38 | 38 | | water, sewer, drainage, reclamation, or flood control services to |
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| 39 | 39 | | residential retail or commercial customers as its principal |
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| 40 | 40 | | function; |
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| 41 | 41 | | (E) the district on September 1, 2003: |
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| 42 | 42 | | (i) is a municipal utility district that |
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| 43 | 43 | | includes territory in only two counties; |
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| 44 | 44 | | (ii) has outstanding long-term |
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| 45 | 45 | | indebtedness that is rated BBB or better by a nationally recognized |
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| 46 | 46 | | rating agency for municipal securities; and |
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| 47 | 47 | | (iii) has at least 5,000 active water |
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| 48 | 48 | | connections; [or] |
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| 49 | 49 | | (F) the district: |
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| 50 | 50 | | (i) is a conservation and reclamation |
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| 51 | 51 | | district created under Section 59, Article XVI, Texas Constitution, |
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| 52 | 52 | | that includes territory in at least three counties; and |
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| 53 | 53 | | (ii) has the rights, powers, privileges, |
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| 54 | 54 | | and functions applicable to a river authority under Chapter 30; or |
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| 55 | 55 | | (G) the district is a special utility district |
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| 56 | 56 | | created or converted under Chapter 65; or |
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| 57 | 57 | | (2) a public utility agency created under Chapter 572, |
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| 58 | 58 | | Local Government Code, any of the public entities participating in |
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| 59 | 59 | | which are districts if at least one of those districts is a district |
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| 60 | 60 | | described by Subdivision (1)(E). |
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| 61 | 61 | | SECTION 2. Section 49.182, Water Code, is amended by adding |
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| 62 | 62 | | Subsection (f) to read as follows: |
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| 63 | 63 | | (f) This section does not apply to a special utility |
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| 64 | 64 | | district created or converted under Chapter 65. |
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| 65 | 65 | | SECTION 3. The change in law made by this Act applies only |
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| 66 | 66 | | to bonds issued on or after the effective date of this Act. Bonds |
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| 67 | 67 | | issued before the effective date of this Act are governed by the law |
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| 68 | 68 | | in effect on the date the bonds were issued, and the former law is |
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| 69 | 69 | | continued in effect for that purpose. |
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| 70 | 70 | | SECTION 4. This Act takes effect September 1, 2015. |
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