Texas 2019 - 86th Regular

Texas House Bill HB4628 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4628
	1	+	By: Metcalf (Senate Sponsor - Nichols) H.B. No. 4628
	2	+	(In the Senate - Received from the House April 29, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 17, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 17, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the powers and duties of Montgomery County Municipal
6	12		Utility District No. 100.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Subchapter C, Chapter 8119, Special District
9	15		Local Laws Code, is amended by adding Section 8119.106 to read as
10	16		follows:
11	17		Sec. 8119.106. DIVISION OF DISTRICT. (a) The district may
12	18		be divided into two or more new districts only if the district:
13	19		(1) has no outstanding bonded debt; and
14	20		(2) is not imposing ad valorem taxes.
15	21		(b) This chapter applies to any new district created by the
16	22		division of the district, and a new district has all the powers and
17	23		duties of the district.
18	24		(c) Any new district created by the division of the district
19	25		may not, at the time the new district is created, contain any land
20	26		outside the area described by Section 2 of the Act enacting this
21	27		chapter.
22	28		(d) The board, on its own motion or on receipt of a petition
23	29		signed by the owner or owners of a majority of the assessed value of
24	30		the real property in the district, may adopt an order dividing the
25	31		district.
26	32		(e) The board may adopt an order dividing the district
27	33		before or after the date the board holds an election under Section
28	34		8119.023 to confirm the district's creation.
29	35		(f) An order dividing the district must:
30	36		(1) name each new district;
31	37		(2) include the metes and bounds description of the
32	38		territory of each new district;
33	39		(3) appoint temporary directors for each new district;
34	40		and
35	41		(4) provide for the division of assets and liabilities
36	42		between or among the new districts.
37	43		(g) On or before the 30th day after the date of adoption of
38	44		an order dividing the district, the district shall file the order
39	45		with the commission and record the order in the real property
40	46		records of each county in which the district is located.
41	47		(h) Any new district created by the division of the district
42	48		shall hold a confirmation and directors' election as required by
43	49		Section 8119.023.
44	50		(i) Municipal consent to the creation of the district and to
45	51		the inclusion of land in the district acts as municipal consent to
46	52		the creation of any new district created by the division of the
47	53		district and to the inclusion of land in the new district.
48	54		(j) Any new district created by the division of the district
49	55		must hold an election as required by law to obtain voter approval
50	56		before the district may impose a maintenance tax or issue bonds
51	57		payable wholly or partly from ad valorem taxes.
52	58		(k) If the creation of the new district is confirmed, the
53	59		new district shall provide the election date and results to the
54	60		commission.
55	61		SECTION 2. This Act takes effect immediately if it receives
56	62		a vote of two-thirds of all the members elected to each house, as
57	63		provided by Section 39, Article III, Texas Constitution. If this
58	64		Act does not receive the vote necessary for immediate effect, this
59	65		Act takes effect September 1, 2019.
60		-	______________________________ ______________________________
61		-	President of the Senate Speaker of the House
62		-	I certify that H.B. No. 4628 was passed by the House on April
63		-	26, 2019, by the following vote: Yeas 126, Nays 13, 2 present, not
64		-	voting.
65		-	______________________________
66		-	Chief Clerk of the House
67		-	I certify that H.B. No. 4628 was passed by the Senate on May
68		-	22, 2019, by the following vote: Yeas 30, Nays 1.
69		-	______________________________
70		-	Secretary of the Senate
71		-	APPROVED: _____________________
72		-	Date
73		-	_____________________
74		-	Governor
	66	+	* * * * *