| 1 | 1 | | 85R586 ATP-D |
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| 2 | 2 | | By: Huberty H.B. No. 3821 |
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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 voting by the qualified voters of a water or sewer |
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| 8 | 8 | | district wholly or partly annexed by a municipality. |
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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. Section 43.071, Local Government Code, is |
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| 11 | 11 | | amended by adding Subsection (h) to read as follows: |
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| 12 | 12 | | (h) A qualified voter of a water or sewer district, any |
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| 13 | 13 | | portion of which a municipality has annexed for full or limited |
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| 14 | 14 | | purposes, is entitled to vote in municipal elections regarding the |
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| 15 | 15 | | election or recall of members of the governing body of the |
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| 16 | 16 | | municipality, the election or recall of the controller, if the |
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| 17 | 17 | | office of controller is an elective position of the municipality, |
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| 18 | 18 | | and the amendment of the municipal charter, regardless of whether |
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| 19 | 19 | | the municipality has annexed the entire district or whether the |
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| 20 | 20 | | voter resides in an annexed portion of the district. To the extent |
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| 21 | 21 | | of a conflict between this subsection and another provision of this |
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| 22 | 22 | | code or the Water Code, this subsection controls. This subsection |
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| 23 | 23 | | does not apply to: |
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| 24 | 24 | | (1) an area in the water or sewer district that is |
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| 25 | 25 | | outside of the annexing municipality's extraterritorial |
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| 26 | 26 | | jurisdiction; or |
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| 27 | 27 | | (2) an area in the water or sewer district that is in |
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| 28 | 28 | | the overlapping extraterritorial jurisdiction of two or more |
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| 29 | 29 | | municipalities. |
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| 30 | 30 | | SECTION 2. The change in law made by this Act applies to a |
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| 31 | 31 | | municipal election ordered on or after the effective date of this |
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| 32 | 32 | | Act. A municipal election ordered before the effective date of this |
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| 33 | 33 | | Act is governed by the law in effect when the election was ordered, |
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| 34 | 34 | | and the former law is continued in effect for that purpose. |
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| 35 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2017. |
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