Texas 2017 - 85th Regular

Texas House Bill HB4287 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4287
	1	+	By: Fallon (Senate Sponsor - Estes) H.B. No. 4287
	2	+	(In the Senate - Received from the House May 19, 2017;
	3	+	May 19, 2017, read first time and referred to Committee on
	4	+	Administration; May 23, 2017, reported favorably by the following
	5	+	vote: Yeas 6, Nays 0, 1 present not voting; May 23, 2017, sent to
	6	+	printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the powers and duties of the Smiley Road Water Control
6	13		and Improvement District.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Section 9001.104, Special District Local Laws
9	16		Code, is amended to read as follows:
10	17		Sec. 9001.104. [PROHIBITION ON] DIVISION OF DISTRICT. (a)
11	18		The district may be divided into two or more districts only if the
12	19		district:
13	20		(1) has no outstanding bonded debt; and
14	21		(2) is not imposing ad valorem taxes.
15	22		(b) This chapter applies to any new district created by the
16	23		division of the district, and a new district has all the powers and
17	24		duties of the district.
18	25		(c) A new district created by the division of the district
19	26		may not, at the time the new district is created, contain any land
20	27		outside the area described by Section 9001.004.
21	28		(d) The board, on its own motion or on receipt of a petition
22	29		signed by the owner or owners of a majority of the assessed value of
23	30		the real property in the district, may adopt an order dividing the
24	31		district.
25	32		(e) An order dividing the district shall:
26	33		(1) name each new district;
27	34		(2) include the metes and bounds of each new district;
28	35		(3) appoint temporary directors for each new district;
29	36		and
30	37		(4) provide for the division of assets and liabilities
31	38		between the district and each new district.
32	39		(f) On or before the 30th day after the date of adoption of
33	40		an order dividing the district, the district shall file the order
34	41		with the Texas Commission on Environmental Quality and record the
35	42		order in the real property records of each county in which the
36	43		district is located.
37	44		(g) A new district may be created by the division of the
38	45		district only if approved by the voters of the new district in a
39	46		confirmation and directors' election held for that purpose.
40	47		(h) If the district is located wholly or partly in the
41	48		corporate limits or the extraterritorial jurisdiction of a
42	49		municipality, the district may not divide under this section unless
43	50		the municipality by resolution or ordinance consents to the
44	51		division of the district.
45	52		(i) Any new district created by the division of the district
46	53		must hold an election to obtain voter approval before the district
47	54		may impose a maintenance tax or issue bonds payable wholly or partly
48	55		from ad valorem taxes. [The district may not divide into two or
49	56		more districts in the manner specified by Section 51.748 or 53.029,
50	57		Water Code.]
51	58		SECTION 2. (a) The following are validated and confirmed in
52	59		all respects:
53	60		(1) the creation of the Smiley Road Water Control and
54	61		Improvement District; and
55	62		(2) any act or proceeding of the district, including
56	63		an election, not excepted by this section and taken not more than
57	64		three years before the effective date of this Act, effective as of
58	65		the date on which the act or proceeding occurred.
59	66		(b) This section does not apply to:
60	67		(1) an act, proceeding, director, other official,
61	68		bond, or other obligation the validity of which or of whom is the
62	69		subject of litigation that is pending on the effective date of this
63	70		Act; or
64	71		(2) an act or proceeding that, under a statute of this
65	72		state or the United States, was a misdemeanor or felony at the time
66	73		the act or proceeding occurred.
67	74		SECTION 3. This Act takes effect immediately if it receives
68	75		a vote of two-thirds of all the members elected to each house, as
69	76		provided by Section 39, Article III, Texas Constitution. If this
70	77		Act does not receive the vote necessary for immediate effect, this
71	78		Act takes effect September 1, 2017.
72		-	______________________________ ______________________________
73		-	President of the Senate Speaker of the House
74		-	I certify that H.B. No. 4287 was passed by the House on May
75		-	19, 2017, by the following vote: Yeas 140, Nays 4, 2 present, not
76		-	voting.
77		-	______________________________
78		-	Chief Clerk of the House
79		-	I certify that H.B. No. 4287 was passed by the Senate on May
80		-	24, 2017, by the following vote: Yeas 29, Nays 1, 1 present, not
81		-	voting.
82		-	______________________________
83		-	Secretary of the Senate
84		-	APPROVED: _____________________
85		-	Date
86		-	_____________________
87		-	Governor
	79	+	* * * * *