| 1 | 1 | | 85R14540 TJB-D |
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| 2 | 2 | | By: Muñoz, Jr. H.B. No. 2797 |
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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 authority of a county to use county revenue or incur |
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| 8 | 8 | | county debt for certain public works projects. |
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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. Subtitle B, Title 4, Local Government Code, is |
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| 11 | 11 | | amended by adding Chapter 120 to read as follows: |
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| 12 | 12 | | CHAPTER 120. ELECTION REQUIRED TO FUND CERTAIN PUBLIC WORKS |
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| 13 | 13 | | PROJECTS |
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| 14 | 14 | | Sec. 120.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Project cost" is the total cost required to |
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| 16 | 16 | | complete a public works project, including all costs related to: |
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| 17 | 17 | | (A) the planning and development of the project; |
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| 18 | 18 | | (B) the acquisition of real property for the |
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| 19 | 19 | | project; and |
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| 20 | 20 | | (C) the construction, alteration, repair, |
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| 21 | 21 | | equipping, and furnishing of the project. |
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| 22 | 22 | | (2) "Public works project" means: |
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| 23 | 23 | | (A) the construction, alteration, repair, |
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| 24 | 24 | | equipping, or furnishing of a public building or structure; or |
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| 25 | 25 | | (B) the construction, alteration, or repair of |
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| 26 | 26 | | any other public work, including a road, sewer or water line, |
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| 27 | 27 | | swimming pool, or other improvement to real property. |
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| 28 | 28 | | Sec. 120.002. ELECTION REQUIREMENT FOR CERTAIN PUBLIC WORKS |
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| 29 | 29 | | PROJECTS. A county may not fund, in whole or in part, a public works |
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| 30 | 30 | | project with county revenue or debt if the project cost is $50 |
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| 31 | 31 | | million or more unless the funding is approved by a majority of the |
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| 32 | 32 | | voters of the county at an election held for that purpose. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies only |
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| 34 | 34 | | to a public works project as defined by Section 120.001, Local |
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| 35 | 35 | | Government Code, as added by this Act, for which: |
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| 36 | 36 | | (1) a contract for the project has not been executed on |
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| 37 | 37 | | the effective date of this Act; or |
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| 38 | 38 | | (2) if no contract for the project will be executed, |
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| 39 | 39 | | the actual construction, alteration, or repair of the project has |
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| 40 | 40 | | not begun on the effective date of this Act. |
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| 41 | 41 | | SECTION 3. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2017. |
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