4 | 10 | | AN ACT |
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5 | 11 | | relating to the creation of the Wright Farm Municipal Management |
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6 | 12 | | District of Johnson County; providing authority to issue bonds and |
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7 | 13 | | impose assessments, fees, and taxes. |
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8 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 15 | | SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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10 | 16 | | Code, is amended by adding Chapter 3974 to read as follows: |
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11 | 17 | | CHAPTER 3974. WRIGHT FARM MUNICIPAL MANAGEMENT DISTRICT OF JOHNSON |
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12 | 18 | | COUNTY |
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13 | 19 | | SUBCHAPTER A. GENERAL PROVISIONS |
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14 | 20 | | Sec. 3974.0101. DEFINITIONS. In this chapter: |
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15 | 21 | | (1) "Board" means the district's board of directors. |
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16 | 22 | | (2) "City" means the City of Cleburne, Texas. |
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17 | 23 | | (3) "Commission" means the Texas Commission on |
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18 | 24 | | Environmental Quality. |
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19 | 25 | | (4) "Director" means a board member. |
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20 | 26 | | (5) "District" means the Wright Farm Municipal |
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21 | 27 | | Management District of Johnson County. |
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22 | 28 | | Sec. 3974.0102. CREATION AND NATURE OF DISTRICT. The |
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23 | 29 | | district is a special district created under Sections 52 and 52-a, |
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24 | 30 | | Article III, and Section 59, Article XVI, Texas Constitution. |
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25 | 31 | | Sec. 3974.0103. PURPOSE; LEGISLATIVE FINDINGS. (a) The |
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26 | 32 | | creation of the district is essential to accomplish the purposes of |
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27 | 33 | | Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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28 | 34 | | Texas Constitution, and other public purposes stated in this |
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29 | 35 | | chapter. By creating the district and in authorizing the city and |
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30 | 36 | | other political subdivisions to contract with the district, the |
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31 | 37 | | legislature has established a program to accomplish the public |
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32 | 38 | | purposes set out in Section 52-a, Article III, Texas Constitution. |
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33 | 39 | | (b) The creation of the district is necessary to promote, |
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34 | 40 | | develop, encourage, and maintain employment, commerce, |
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35 | 41 | | transportation, housing, tourism, recreation, the arts, |
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36 | 42 | | entertainment, economic development, safety, and the public |
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37 | 43 | | welfare in the district. |
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38 | 44 | | (c) This chapter and the creation of the district may not be |
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39 | 45 | | interpreted to relieve the city from providing the level of |
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40 | 46 | | services provided to the area in the district as of the effective |
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41 | 47 | | date of the Act enacting this chapter. The district is created to |
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42 | 48 | | supplement and not to supplant the city services provided in the |
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43 | 49 | | district. |
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44 | 50 | | Sec. 3974.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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45 | 51 | | (a) The district is created to serve a public use and benefit. |
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46 | 52 | | (b) All land and other property included in the district |
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47 | 53 | | will benefit from the improvements and services to be provided by |
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48 | 54 | | the district under powers conferred by Sections 52 and 52-a, |
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49 | 55 | | Article III, and Section 59, Article XVI, Texas Constitution, and |
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50 | 56 | | other powers granted under this chapter. |
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51 | 57 | | (c) The district is created to accomplish the purposes of a |
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52 | 58 | | municipal management district as provided by general law and |
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53 | 59 | | Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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54 | 60 | | Texas Constitution. |
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55 | 61 | | (d) The creation of the district is in the public interest |
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56 | 62 | | and is essential to: |
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57 | 63 | | (1) further the public purposes of developing and |
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58 | 64 | | diversifying the economy of the state; |
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59 | 65 | | (2) eliminate unemployment and underemployment; |
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60 | 66 | | (3) develop or expand transportation and commerce; and |
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61 | 67 | | (4) provide quality residential housing. |
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62 | 68 | | (e) The district will: |
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63 | 69 | | (1) promote the health, safety, and general welfare of |
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64 | 70 | | residents, employers, potential employees, employees, visitors, |
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65 | 71 | | and consumers in the district, and of the public; |
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66 | 72 | | (2) provide needed funding for the district to |
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67 | 73 | | preserve, maintain, and enhance the economic health and vitality of |
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68 | 74 | | the district territory as a community and business center; and |
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69 | 75 | | (3) promote the health, safety, welfare, and enjoyment |
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70 | 76 | | of the public by providing pedestrian ways and by landscaping and |
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71 | 77 | | developing certain areas in the district, which are necessary for |
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72 | 78 | | the restoration, preservation, and enhancement of scenic beauty. |
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73 | 79 | | (f) Pedestrian ways along or across a street, whether at |
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74 | 80 | | grade or above or below the surface, and street lighting, street |
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75 | 81 | | landscaping, parking, and street art objects are parts of and |
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76 | 82 | | necessary components of a street and are considered to be a street |
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77 | 83 | | or road improvement. |
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78 | 84 | | (g) The district will not act as the agent or |
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79 | 85 | | instrumentality of any private interest even though the district |
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80 | 86 | | will benefit many private interests as well as the public. |
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81 | 87 | | Sec. 3974.0105. DISTRICT TERRITORY. (a) The district is |
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82 | 88 | | composed of the territory described by Section 2 of the Act enacting |
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83 | 89 | | this chapter, as that territory may have been modified under other |
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84 | 90 | | law. |
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85 | 91 | | (b) The boundaries and field notes contained in Section 2 of |
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86 | 92 | | the Act enacting this chapter form a closure. A mistake in the |
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87 | 93 | | field notes or in copying the field notes in the legislative process |
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88 | 94 | | does not affect the district's: |
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89 | 95 | | (1) organization, existence, or validity; |
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90 | 96 | | (2) right to contract; |
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91 | 97 | | (3) authority to borrow money or issue bonds or other |
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92 | 98 | | obligations described by Section 3974.0601 or to pay the principal |
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93 | 99 | | and interest of the bonds or other obligations; |
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94 | 100 | | (4) right to impose or collect an assessment, or |
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95 | 101 | | collect other revenue; or |
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96 | 102 | | (5) legality or operation. |
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97 | 103 | | Sec. 3974.0106. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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98 | 104 | | DISTRICTS LAW. Except as otherwise provided by this chapter, |
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99 | 105 | | Chapter 375, Local Government Code, applies to the district. |
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100 | 106 | | Sec. 3974.0107. CONSTRUCTION OF CHAPTER. This chapter |
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101 | 107 | | shall be liberally construed in conformity with the findings and |
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102 | 108 | | purposes stated in this chapter. |
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103 | 109 | | Sec. 3974.0108. CONFLICTS OF LAW. This chapter prevails |
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104 | 110 | | over any provision of Chapter 375, Local Government Code, that is in |
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105 | 111 | | conflict or inconsistent with this chapter. |
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106 | 112 | | Sec. 3974.0109. CONSENT OF MUNICIPALITY AND DEVELOPMENT |
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107 | 113 | | AGREEMENT REQUIRED. (a) The board may not hold an election to |
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108 | 114 | | authorize the issuance of bonds until: |
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109 | 115 | | (1) the governing body of the city by ordinance or |
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110 | 116 | | resolution consents to the creation of the district and to the |
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111 | 117 | | inclusion of land in the district; and |
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112 | 118 | | (2) the district, the city, and the owner or owners of |
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113 | 119 | | a majority of the assessed value of real property in the district |
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114 | 120 | | negotiate and execute a mutually approved and accepted development |
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115 | 121 | | and operating agreement, including any limitations imposed by the |
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116 | 122 | | city. |
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117 | 123 | | (b) The city's consent under Subsection (a) must be granted |
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118 | 124 | | in the manner provided by Section 54.016, Water Code, for including |
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119 | 125 | | land within the corporate limits or extraterritorial jurisdiction |
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120 | 126 | | of a city. |
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121 | 127 | | Sec. 3974.0110. CONCURRENCE ON ADDITIONAL POWERS. If the |
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122 | 128 | | territory of the district is located in the corporate boundaries or |
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123 | 129 | | the extraterritorial jurisdiction of a municipality, the district |
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124 | 130 | | may not exercise a power granted to the district after the date the |
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125 | 131 | | district was created unless the governing body of the municipality |
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126 | 132 | | by resolution consents to the district's exercise of the power. |
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127 | 133 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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128 | 134 | | Sec. 3974.0201. GOVERNING BODY; TERMS. The district is |
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129 | 135 | | governed by a board of five directors who serve staggered terms of |
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130 | 136 | | four years, with two or three directors' terms expiring June 1 of |
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131 | 137 | | each even-numbered year. Five directors are appointed by the |
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132 | 138 | | commission as provided by Section 3974.0202. |
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133 | 139 | | Sec. 3974.0202. APPOINTMENT BY COMMISSION. (a) Before the |
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134 | 140 | | term of a director expires, the board shall recommend to the |
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135 | 141 | | commission the appropriate number of persons to serve as successor |
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136 | 142 | | directors and may recommend additional persons to serve as |
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137 | 143 | | successor directors. The commission shall appoint as directors the |
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138 | 144 | | appropriate number of persons from the persons recommended by the |
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139 | 145 | | board. |
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140 | 146 | | (b) A person recommended by the board under Subsection (a) |
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141 | 147 | | must be: |
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142 | 148 | | (1) at least 18 years of age; |
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143 | 149 | | (2) an owner of property in the district; |
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144 | 150 | | (3) an owner of stock, whether beneficial or |
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145 | 151 | | otherwise, of a corporate owner of property in the district; |
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146 | 152 | | (4) an owner of a beneficial interest in a trust that |
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147 | 153 | | owns property in the district; or |
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148 | 154 | | (5) an agent, employee, or tenant of a person |
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149 | 155 | | described by Subdivision (2), (3), or (4). |
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150 | 156 | | Sec. 3974.0203. VACANCY. If a vacancy occurs on the board, |
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151 | 157 | | the remaining directors shall appoint a director for the remainder |
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152 | 158 | | of the unexpired term. |
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153 | 159 | | Sec. 3974.0204. DIRECTOR'S OATH OR AFFIRMATION. (a) A |
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154 | 160 | | director shall file the director's oath or affirmation of office |
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155 | 161 | | with the district, and the district shall retain the oath or |
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156 | 162 | | affirmation in the district records. |
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157 | 163 | | (b) A director shall file a copy of the director's oath or |
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158 | 164 | | affirmation with the secretary of the city. |
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159 | 165 | | Sec. 3974.0205. OFFICERS. The board shall elect from among |
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160 | 166 | | the directors a chair, a vice chair, and a secretary. The offices |
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161 | 167 | | of chair and secretary may not be held by the same person. |
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162 | 168 | | Sec. 3974.0206. COMPENSATION; EXPENSES. (a) The district |
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163 | 169 | | may compensate each director in an amount not to exceed $150 for |
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164 | 170 | | each board meeting. The total amount of compensation a director may |
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165 | 171 | | receive each year may not exceed $7,200. |
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166 | 172 | | (b) A director is entitled to reimbursement for necessary |
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167 | 173 | | and reasonable expenses incurred in carrying out the duties and |
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168 | 174 | | responsibilities of the board. |
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169 | 175 | | Sec. 3974.0207. LIABILITY INSURANCE. The district may |
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170 | 176 | | obtain and pay for comprehensive general liability insurance |
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171 | 177 | | coverage from a commercial insurance company or other source that |
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172 | 178 | | protects and insures a director against personal liability and from |
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173 | 179 | | all claims relating to: |
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174 | 180 | | (1) actions taken by the director in the director's |
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175 | 181 | | capacity as a member of the board; |
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176 | 182 | | (2) actions and activities taken by the district; or |
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177 | 183 | | (3) the actions of others acting on behalf of the |
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178 | 184 | | district. |
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179 | 185 | | Sec. 3974.0208. NO EXECUTIVE COMMITTEE. The board may not |
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180 | 186 | | create an executive committee to exercise the powers of the board. |
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181 | 187 | | Sec. 3974.0209. BOARD MEETINGS. The board shall hold |
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182 | 188 | | meetings at a place that is accessible to the public and located in |
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183 | 189 | | the district or in the city. |
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184 | 190 | | Sec. 3974.0210. INITIAL DIRECTORS. (a) On or after |
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185 | 191 | | September 1, 2019, the owner or owners of a majority of the assessed |
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186 | 192 | | value of the real property in the district according to the most |
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187 | 193 | | recent certified tax appraisal rolls for the county may submit a |
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188 | 194 | | petition to the commission requesting that the commission appoint |
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189 | 195 | | as initial directors the five persons named in the petition. The |
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190 | 196 | | commission shall appoint as initial directors the five persons |
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191 | 197 | | named in the petition. |
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192 | 198 | | (b) The initial directors shall determine by lot which three |
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193 | 199 | | positions expire June 1, 2021, and which two positions expire June |
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194 | 200 | | 1, 2023. |
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195 | 201 | | (c) This section expires September 1, 2023. |
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196 | 202 | | SUBCHAPTER C. POWERS AND DUTIES |
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197 | 203 | | Sec. 3974.0301. GENERAL POWERS AND DUTIES. The district |
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198 | 204 | | has the powers and duties necessary to accomplish the purposes for |
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199 | 205 | | which the district is created. |
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200 | 206 | | Sec. 3974.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) |
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201 | 207 | | Subject to Subsection (b), the district may provide, design, |
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202 | 208 | | construct, acquire, improve, relocate, operate, maintain, or |
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203 | 209 | | finance an improvement project or service using money available to |
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204 | 210 | | the district, or contract with a governmental or private entity to |
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205 | 211 | | provide, design, construct, acquire, improve, relocate, operate, |
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206 | 212 | | maintain, or finance an improvement project or service authorized |
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207 | 213 | | under this chapter or Chapter 375, Local Government Code. |
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208 | 214 | | (b) The district may not construct or finance an improvement |
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209 | 215 | | project, other than a water, sewer, or drainage facility or road, |
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210 | 216 | | unless the governing body of the city by ordinance or resolution |
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211 | 217 | | consents to the construction or financing. |
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212 | 218 | | Sec. 3974.0303. LOCATION OF IMPROVEMENT PROJECT. A |
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213 | 219 | | district improvement project may be located inside or outside of |
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214 | 220 | | the district. |
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215 | 221 | | Sec. 3974.0304. ADDING TERRITORY. The district may add |
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216 | 222 | | territory only if the governing body of the city by ordinance or |
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217 | 223 | | resolution consents to the addition. |
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218 | 224 | | Sec. 3974.0305. NO EMINENT DOMAIN POWER. The district may |
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219 | 225 | | not exercise the power of eminent domain. |
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220 | 226 | | SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
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221 | 227 | | Sec. 3974.0401. DIVISION OF DISTRICT; PREREQUISITES. The |
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222 | 228 | | district, including territory added to the district under Section |
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223 | 229 | | 3974.0306, may be divided into two or more new districts only if the |
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224 | 230 | | district has no outstanding bonded debt. Territory previously |
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225 | 231 | | added to the district under Section 3974.0306 may be included in a |
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226 | 232 | | new district. |
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227 | 233 | | Sec. 3974.0402. LAW APPLICABLE TO NEW DISTRICT. This |
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228 | 234 | | chapter applies to any new district created by division of the |
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229 | 235 | | district, and a new district has all the powers and duties of the |
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230 | 236 | | district. |
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231 | 237 | | Sec. 3974.0403. DIVISION PROCEDURES. (a) The board, on its |
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232 | 238 | | own motion or on receipt of a petition signed by an owner of real |
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233 | 239 | | property in the district, may adopt an order proposing to divide the |
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234 | 240 | | district. |
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235 | 241 | | (b) If the board decides to divide the district, the board |
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236 | 242 | | shall: |
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237 | 243 | | (1) set the terms of the division, including names for |
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238 | 244 | | the new districts and a plan for the payment or performance of any |
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239 | 245 | | outstanding district obligations; |
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240 | 246 | | (2) prepare a metes and bounds description for each |
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241 | 247 | | proposed district; and |
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242 | 248 | | (3) appoint five initial directors for each new |
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243 | 249 | | district. |
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244 | 250 | | Sec. 3974.0404. CONTRACT AUTHORITY OF NEW DISTRICTS. The |
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245 | 251 | | new districts may contract with each other for any matter the boards |
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246 | 252 | | of the new districts consider appropriate, including the joint |
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247 | 253 | | construction or financing of a utility improvement. |
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248 | 254 | | Sec. 3974.0405. POWERS SUBJECT TO DEVELOPMENT AND OPERATING |
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249 | 255 | | AGREEMENT. In addition to the other limitations provided by this |
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250 | 256 | | chapter, the district's authority to exercise its powers is subject |
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251 | 257 | | to the terms of the development and operating agreement required |
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252 | 258 | | under Section 3974.0109, including the district's authority to: |
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253 | 259 | | (1) acquire, construct, or finance an improvement |
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254 | 260 | | project or service under Section 3974.0502; and |
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255 | 261 | | (2) issue bonds, notes, certificates of |
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256 | 262 | | participation, or other obligations under Section 3974.0601. |
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257 | 263 | | SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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258 | 264 | | Sec. 3974.0501. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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259 | 265 | | board by resolution shall establish the number of directors' |
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260 | 266 | | signatures and the procedure required for a disbursement or |
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261 | 267 | | transfer of the district's money. |
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262 | 268 | | Sec. 3974.0502. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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263 | 269 | | The district may acquire, construct, or finance an improvement |
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264 | 270 | | project or service authorized by this chapter or Chapter 375, Local |
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265 | 271 | | Government Code, using any money available to the district. |
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266 | 272 | | Sec. 3974.0503. METHOD OF NOTICE FOR HEARING. The district |
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267 | 273 | | may mail the notice required by Section 375.115(c), Local |
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268 | 274 | | Government Code, by certified or first class United States mail. |
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269 | 275 | | The board shall determine the method of notice. |
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270 | 276 | | Sec. 3974.0504. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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271 | 277 | | The board by resolution may impose and collect an assessment for any |
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272 | 278 | | purpose authorized by this chapter in all or any part of the |
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273 | 279 | | district. |
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274 | 280 | | (b) An assessment, a reassessment, or an assessment |
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275 | 281 | | resulting from an addition to or correction of the assessment roll |
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276 | 282 | | by the district, penalties and interest on an assessment or |
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277 | 283 | | reassessment, an expense of collection, and reasonable attorney's |
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278 | 284 | | fees incurred by the district are: |
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279 | 285 | | (1) a first and prior lien against the property |
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280 | 286 | | assessed; |
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281 | 287 | | (2) superior to any other lien or claim other than a |
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282 | 288 | | lien or claim for county, school district, or municipal ad valorem |
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283 | 289 | | taxes; and |
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284 | 290 | | (3) the personal liability of and a charge against the |
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285 | 291 | | owners of the property even if the owners are not named in the |
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286 | 292 | | assessment proceedings. |
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287 | 293 | | (c) The lien is effective from the date of the board's |
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288 | 294 | | resolution imposing the assessment until the date the assessment is |
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289 | 295 | | paid. The board may enforce the lien in the same manner that the |
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290 | 296 | | board may enforce an ad valorem tax lien against real property. |
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291 | 297 | | (d) The board may make a correction to or deletion from the |
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292 | 298 | | assessment roll that does not increase the amount of assessment of |
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293 | 299 | | any parcel of land without providing notice and holding a hearing in |
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294 | 300 | | the manner required for additional assessments. |
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295 | 301 | | (e) The district may not impose an assessment on a |
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296 | 302 | | municipality, county, or other political subdivision. |
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297 | 303 | | Sec. 3974.0505. NOTICE OF ASSESSMENTS. Annually, the board |
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298 | 304 | | shall file with the secretary of the city written notice that |
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299 | 305 | | specifies the assessments the district will impose in the |
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300 | 306 | | district's next fiscal year in sufficient clarity to describe the |
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301 | 307 | | assessments for the operation and maintenance of the district and |
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302 | 308 | | the assessments for the payment of debt service of obligations |
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303 | 309 | | issued or incurred by the district. |
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304 | 310 | | SUBCHAPTER F. TAXES AND BONDS |
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305 | 311 | | Sec. 3974.0601. BONDS AND OTHER OBLIGATIONS. (a) The |
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306 | 312 | | district may issue, by public or private sale, bonds, notes, or |
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307 | 313 | | other obligations payable wholly or partly from ad valorem taxes or |
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308 | 314 | | assessments in the manner provided by Subchapter A, Chapter 372, or |
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309 | 315 | | Subchapter J, Chapter 375, Local Government Code. Sections |
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310 | 316 | | 375.207(a) and (b), Local Government Code, do not apply to the |
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311 | 317 | | district. |
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312 | 318 | | (b) In exercising the district's borrowing power, the |
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313 | 319 | | district may issue a bond or other obligation in the form of a bond, |
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314 | 320 | | note, certificate of participation or other instrument evidencing a |
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315 | 321 | | proportionate interest in payments to be made by the district, or |
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316 | 322 | | other type of obligation. |
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317 | 323 | | (c) In addition to the sources of money described by |
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318 | 324 | | Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local |
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319 | 325 | | Government Code, district bonds may be secured and made payable |
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320 | 326 | | wholly or partly by a pledge of any part of the money the district |
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321 | 327 | | receives from improvement revenue or from any other source. |
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322 | 328 | | SUBCHAPTER J. SPECIAL BOND PROVISIONS |
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323 | 329 | | Sec. 3974.1001. APPLICABILITY. This subchapter applies |
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324 | 330 | | only to bonds payable wholly or partly from revenue derived from |
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325 | 331 | | assessments on real property in the district. |
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326 | 332 | | Sec. 3974.1002. CONFLICT OF LAWS. In the event of a |
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327 | 333 | | conflict between this subchapter and any other law, this subchapter |
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328 | 334 | | prevails. |
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329 | 335 | | Sec. 3974.1003. WRITTEN AGREEMENT REGARDING SPECIAL |
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330 | 336 | | APPRAISALS. Before the district may issue bonds, the district and |
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331 | 337 | | any person to whom the board intends that proceeds of the bonds be |
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332 | 338 | | distributed, including the developer, another owner of land in the |
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333 | 339 | | district, and any entity acting as a lender to the developer or |
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334 | 340 | | other landowner for the purpose of a project relating to the |
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335 | 341 | | district, must enter into a written agreement that: |
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336 | 342 | | (1) waives for the term of the agreement the right to a |
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337 | 343 | | special appraisal with respect to taxation by the district under |
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338 | 344 | | Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and |
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339 | 345 | | (2) remains in effect for 30 years and is binding on |
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340 | 346 | | the parties, on entities related to or affiliated with the parties, |
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341 | 347 | | and on their successors and assignees. |
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342 | 348 | | Sec. 3974.1004. REQUIREMENTS FOR ADVERTISING BOND ISSUE. A |
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343 | 349 | | district may not advertise for an issuance of bonds until the |
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344 | 350 | | completion of at least 25 percent of the projected value of the |
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345 | 351 | | improvements, including houses and other buildings, that are liable |
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346 | 352 | | for district assessments and necessary to support the district |
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347 | 353 | | bonds. |
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348 | 354 | | Sec. 3974.1005. REQUIREMENTS FOR BOND ISSUE. The district |
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349 | 355 | | may not issue bonds until: |
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350 | 356 | | (1) the district submits to the commission: |
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351 | 357 | | (A) an engineer's report describing the project |
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352 | 358 | | for which the bonds will provide funding, including data, profiles, |
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353 | 359 | | maps, plans, and specifications related to the project; and |
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354 | 360 | | (B) a cash flow analysis to determine the |
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355 | 361 | | projected rate of assessment, which includes the following |
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356 | 362 | | assumptions: |
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357 | 363 | | (i) each ending balance for debt service in |
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358 | 364 | | the analysis is not less than 25 percent of the following year's |
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359 | 365 | | debt service requirement; |
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360 | 366 | | (ii) interest income is only shown on the |
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361 | 367 | | ending balance for debt service for the first two years; and |
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362 | 368 | | (iii) the projected rate of assessment is |
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363 | 369 | | level or decreasing for the life of the bonds issued by the |
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364 | 370 | | district; |
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365 | 371 | | (2) the completion of at least 75 percent of the |
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366 | 372 | | projected value of the improvements, including houses and other |
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367 | 373 | | buildings, that are liable for district assessments and necessary |
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368 | 374 | | to support the district bonds; and |
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369 | 375 | | (3) the district has obtained an independent market |
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370 | 376 | | study from a firm recognized in the area of real estate market |
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371 | 377 | | analysis supporting the development projects for the real property |
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372 | 378 | | that is liable for district assessments and necessary to support |
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373 | 379 | | the district bonds. |
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374 | 380 | | Sec. 3974.1006. REQUIREMENTS FOR COLLECTION OF REVENUE TO |
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375 | 381 | | PAY BONDS. The district may not collect an assessment to be used |
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376 | 382 | | for the payment of bonds until: |
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377 | 383 | | (1) the completion of at least 95 percent of the |
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378 | 384 | | underground water, wastewater, and drainage facilities financed |
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379 | 385 | | from bond proceeds that are necessary to serve the projected |
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380 | 386 | | build-out, as certified by the district's engineer; |
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381 | 387 | | (2) the district or other appropriate party has |
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382 | 388 | | secured the groundwater, surface water, and water discharge permits |
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383 | 389 | | that are necessary to secure capacity to support the projected |
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384 | 390 | | build-out; |
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385 | 391 | | (3) the completion of at least 95 percent of lift |
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386 | 392 | | station, water plant, and sewage treatment plant capacity |
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387 | 393 | | sufficient to serve the connections constructed in the project for |
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388 | 394 | | a period of not less than 18 months, as certified by the district's |
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389 | 395 | | engineer; and |
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390 | 396 | | (4) the completion of at least 95 percent of the |
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391 | 397 | | streets and roads that are necessary to provide access to the areas |
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392 | 398 | | served by utilities and financed by the proceeds of bonds issued by |
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393 | 399 | | the district, as certified by the district's engineer and |
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394 | 400 | | constructed in accordance with municipal or county standards. |
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395 | 401 | | SECTION 2. The Wright Farm Municipal Management District of |
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396 | 402 | | Johnson County initially includes all the territory contained in |
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397 | 403 | | the following area: |
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398 | 404 | | 366.96 acres of land, being composed of the following 250.96 acre |
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399 | 405 | | and 116 acre tracts: |
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400 | 406 | | Tract 1: |
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401 | 407 | | BEING 250.960 acres out of a called 490.289 acre tract of land |
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402 | 408 | | located in the SAMUEL COOPER SURVEY, ABSTRACT NUMBER 159, Johnson |
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403 | 409 | | County, Texas out of that certain tract of land conveyed to Mayfield |
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404 | 410 | | Family Real Estate, LP, according to the deed recorded in |
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405 | 411 | | Instrument Number 2010-10957, Deed Records of Johnson County, Texas |
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406 | 412 | | and being more particularly described as follows: |
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407 | 413 | | BEGINNING at a 1/2" capped iron rod stamped "RPLS 5614" found for |
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408 | 414 | | corner, being the northeast corner of said Mayfield tract and also |
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409 | 415 | | being in the apparent centerline intersection of County Road 904 |
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410 | 416 | | and County Road 1017; |
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411 | 417 | | THENCE, South 01 degrees 04 minutes 35 seconds East, along the |
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412 | 418 | | apparent centerline of said County Road 1017, 3135.29 feet to a 1/2" |
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413 | 419 | | iron rod found for corner; |
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414 | 420 | | THENCE, South 89 degrees 45 minutes 13 seconds West, 2186.86 feet to |
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415 | 421 | | a 3/8" iron rod found for corner; |
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416 | 422 | | THENCE, South 89 degrees 51 minutes 18 seconds West, 1306.03 feet to |
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417 | 423 | | a 3/8" iron rod found for corner; |
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418 | 424 | | THENCE, North 01 degrees 04 minutes 35 seconds West, 3123.44 feet to |
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419 | 425 | | a point in the north line of said Mayfield tract and the apparent |
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420 | 426 | | centerline of said County Road 904 for corner; |
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421 | 427 | | THENCE, North 89 degrees 35 minutes 50 seconds East, along the |
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422 | 428 | | apparent centerline of said County Road 904, 3492.73 feet to the |
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423 | 429 | | POINT OF BEGINNING. |
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424 | 430 | | The tract of land herein described contains 250.960 acres of land. |
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425 | 431 | | Tract 2: |
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426 | 432 | | A part of the Dyer-Nuner Survey, in Johnson County, Texas, |
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427 | 433 | | BEGINNING at a stake in the east line of the Mrs. M. H. Hadley tract |
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428 | 434 | | of land out of the said Dyer-Nuner Survey as the same is now located |
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429 | 435 | | and commonly known as the Hadley farm, the same being the S.E. |
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430 | 436 | | corner of a 117 acre tract of land, conveyed to O. B. Hadley by H. O. |
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431 | 437 | | Hadley |
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432 | 438 | | THENCE in a southerly direction 841 varas to a stake in the north |
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433 | 439 | | line of the Joshua and Godley public road for the southeast corner |
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434 | 440 | | of this tract of land; |
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435 | 441 | | THENCE in a westerly direction with the north line of said Joshua |
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436 | 442 | | and Godley Public Road 640 varas to a stake for corner, the same |
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437 | 443 | | being the S.E. corner of a 40 acre tract heretofore deeded to W. B. |
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438 | 444 | | Hadley, now deceased; |
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439 | 445 | | THENCE in a northerly direction with the east line of said W. B. |
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440 | 446 | | Hadley 40 acre tract, 550 varas to its northeast corner; |
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441 | 447 | | THENCE in a westerly direction with the north line of the said W. B. |
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442 | 448 | | Hadley 40 acre tract, 410 varas to a stake in the west line of the |
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443 | 449 | | said M. J. Hadley tract of land; |
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444 | 450 | | THENCE in a northerly direction with said west line of said M. J. |
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445 | 451 | | Hadley tract 201 varas to a stake for corner, the same being the S. |
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446 | 452 | | W. corner of the 117 acre tract conveyed to H. O. Hadley; |
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447 | 453 | | THENCE in an easterly direction with the south line of said H. O. |
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448 | 454 | | Hadley 117 acre tract, the same being the north line of this tract |
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449 | 455 | | here described 1050 varas to the place of beginning, containing 117 |
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450 | 456 | | acres of land, more or less. |
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451 | 457 | | SECTION 3. (a) The legal notice of the intention to |
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452 | 458 | | introduce this Act, setting forth the general substance of this |
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453 | 459 | | Act, has been published as provided by law, and the notice and a |
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454 | 460 | | copy of this Act have been furnished to all persons, agencies, |
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455 | 461 | | officials, or entities to which they are required to be furnished |
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456 | 462 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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457 | 463 | | Government Code. |
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458 | 464 | | (b) The governor, one of the required recipients, has |
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459 | 465 | | submitted the notice and Act to the Texas Commission on |
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460 | 466 | | Environmental Quality. |
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461 | 467 | | (c) The Texas Commission on Environmental Quality has filed |
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462 | 468 | | its recommendations relating to this Act with the governor, |
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463 | 469 | | lieutenant governor, and speaker of the house of representatives |
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464 | 470 | | within the required time. |
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465 | 471 | | (d) All requirements of the constitution and laws of this |
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466 | 472 | | state and the rules and procedures of the legislature with respect |
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467 | 473 | | to the notice, introduction, and passage of this Act have been |
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468 | 474 | | fulfilled and accomplished. |
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469 | 475 | | SECTION 4. This Act takes effect September 1, 2019. |
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