85R9676 AAF-F
By: Fallon H.B. No. 4287
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of Smiley Road Water Control and
Improvement District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 9001.104, Special District Local Laws
Code, is amended to read as follows:
Sec. 9001.104. [PROHIBITION ON] DIVISION OF DISTRICT. (a)
The district may be divided into two or more districts only if the
district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) A new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 9001.004.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between the district and each new district.
(f) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(g) A new district may be created by the division of the
district only if approved by the voters of the new district in a
confirmation and directors' election held for that purpose.
(h) If the district is located wholly or partly in the
corporate limits or the extraterritorial jurisdiction of a
municipality, the district may not divide under this section unless
the municipality by resolution or ordinance consents to the
division of the district.
(i) Any new district created by the division of the district
must hold an election to obtain voter approval before the district
may impose a maintenance tax or issue bonds payable wholly or partly
from ad valorem taxes. [The district may not divide into two or
more districts in the manner specified by Section 51.748 or 53.029,
Water Code.]
SECTION 2. Sections 9001.201(a), (b), and (d), Special
District Local Laws Code, are amended to read as follows:
(a) The district may issue bonds as provided by [Chapter 49
or 51, Water Code, or Section 53.029, Water Code,] the general laws
of this state[,] or this section, including by competitive bid,
negotiated sale, or private placement.
(b) Except as provided by Subsection (c) and Section
9001.202, the district may issue bonds, notes, or other obligations
[as provided by Section 53.029, Water Code,] to finance, or assist
in the financing of, projects under Section 9001.105.
(d) Section 49.181, Water Code, does not apply to a bond
issued under this section by the district to finance, or assist in
the financing of, projects under Section 9001.105 [under Section
53.029, Water Code].
SECTION 3. (a) The following are validated and confirmed in
all respects:
(1) the creation of the Smiley Road Water Control and
Improvement District; and
(2) any act or proceeding of the district, including
an election, not excepted by this section and taken not more than
three years before the effective date of this Act, effective as of
the date on which the act or proceeding occurred.
(b) This section does not apply to:
(1) an act, proceeding, director, other official,
bond, or other obligation the validity of which or of whom is the
subject of litigation that is pending on the effective date of this
Act; or
(2) an act or proceeding that, under a statute of this
state or the United States, was a misdemeanor or felony at the time
the act or proceeding occurred.
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, 2017.