4 | 10 | | AN ACT |
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5 | 11 | | relating to the powers and duties of Montgomery County Municipal |
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6 | 12 | | Utility District No. 101. |
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7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 14 | | SECTION 1. Subchapter C, Chapter 8120, Special District |
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9 | 15 | | Local Laws Code, is amended by adding Section 8120.106 to read as |
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10 | 16 | | follows: |
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11 | 17 | | Sec. 8120.106. DIVISION OF DISTRICT. (a) The district may |
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12 | 18 | | be divided into two or more new districts only if the district: |
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13 | 19 | | (1) has no outstanding bonded debt; and |
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14 | 20 | | (2) is not imposing ad valorem taxes. |
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15 | 21 | | (b) This chapter applies to any new district created by the |
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16 | 22 | | division of the district, and a new district has all the powers and |
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17 | 23 | | duties of the district. |
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18 | 24 | | (c) Any new district created by the division of the district |
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19 | 25 | | may not, at the time the new district is created, contain any land |
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20 | 26 | | outside the area described by Section 2 of the Act enacting this |
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21 | 27 | | chapter. |
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22 | 28 | | (d) The board, on its own motion or on receipt of a petition |
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23 | 29 | | signed by the owner or owners of a majority of the assessed value of |
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24 | 30 | | the real property in the district, may adopt an order dividing the |
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25 | 31 | | district. |
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26 | 32 | | (e) The board may adopt an order dividing the district |
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27 | 33 | | before or after the date the board holds an election under Section |
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28 | 34 | | 8120.023 to confirm the district's creation. |
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29 | 35 | | (f) An order dividing the district must: |
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30 | 36 | | (1) name each new district; |
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31 | 37 | | (2) include the metes and bounds description of the |
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32 | 38 | | territory of each new district; |
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33 | 39 | | (3) appoint temporary directors for each new district; |
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34 | 40 | | and |
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35 | 41 | | (4) provide for the division of assets and liabilities |
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36 | 42 | | between or among the new districts. |
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37 | 43 | | (g) On or before the 30th day after the date of adoption of |
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38 | 44 | | an order dividing the district, the district shall file the order |
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39 | 45 | | with the commission and record the order in the real property |
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40 | 46 | | records of each county in which the district is located. |
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41 | 47 | | (h) Any new district created by the division of the district |
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42 | 48 | | shall hold a confirmation and directors' election as required by |
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43 | 49 | | Section 8120.023. |
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44 | 50 | | (i) Municipal consent to the creation of the district and to |
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45 | 51 | | the inclusion of land in the district acts as municipal consent to |
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46 | 52 | | the creation of any new district created by the division of the |
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47 | 53 | | district and to the inclusion of land in the new district. |
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48 | 54 | | (j) Any new district created by the division of the district |
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49 | 55 | | must hold an election as required by law to obtain voter approval |
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50 | 56 | | before the district may impose a maintenance tax or issue bonds |
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51 | 57 | | payable wholly or partly from ad valorem taxes. |
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52 | 58 | | (k) If the creation of the new district is confirmed, the |
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53 | 59 | | new district shall provide the election date and results to the |
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54 | 60 | | commission. |
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55 | 61 | | SECTION 2. This Act takes effect immediately if it receives |
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56 | 62 | | a vote of two-thirds of all the members elected to each house, as |
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57 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
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58 | 64 | | Act does not receive the vote necessary for immediate effect, this |
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59 | 65 | | Act takes effect September 1, 2019. |
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60 | | - | ______________________________ ______________________________ |
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61 | | - | President of the Senate Speaker of the House |
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62 | | - | I certify that H.B. No. 4629 was passed by the House on April |
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63 | | - | 26, 2019, by the following vote: Yeas 126, Nays 13, 2 present, not |
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64 | | - | voting. |
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65 | | - | ______________________________ |
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66 | | - | Chief Clerk of the House |
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67 | | - | I certify that H.B. No. 4629 was passed by the Senate on May |
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68 | | - | 22, 2019, by the following vote: Yeas 30, Nays 1. |
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69 | | - | ______________________________ |
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70 | | - | Secretary of the Senate |
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71 | | - | APPROVED: _____________________ |
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72 | | - | Date |
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73 | | - | _____________________ |
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74 | | - | Governor |
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| 66 | + | * * * * * |
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