| 1 | 1 | | 86R12680 SLB-D |
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| 2 | 2 | | By: Stephenson H.B. No. 4746 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the board of directors of the Boling Municipal Water |
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| 8 | 8 | | District. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 9018.001, Special District Local Laws |
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| 11 | 11 | | Code, is amended by adding Subdivisions (1-a) and (1-b) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (1-a) "Commission" means the Texas Commission on |
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| 14 | 14 | | Environmental Quality. |
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| 15 | 15 | | (1-b) "Director" means a board member. |
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| 16 | 16 | | SECTION 2. Subchapter C, Chapter 9018, Special District |
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| 17 | 17 | | Local Laws Code, is amended by adding Section 9018.102 to read as |
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| 18 | 18 | | follows: |
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| 19 | 19 | | Sec. 9018.102. TEMPORARY DIRECTORS. (a) The temporary |
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| 20 | 20 | | board shall hold an election under Section 49.102, Water Code, to |
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| 21 | 21 | | elect permanent directors. The temporary board consists of: |
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| 22 | 22 | | (1) Brett Glenn; |
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| 23 | 23 | | (2) Steve Nelson; |
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| 24 | 24 | | (3) James Ezell; |
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| 25 | 25 | | (4) Theodore Rangel; and |
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| 26 | 26 | | (5) Bobby Charles. |
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| 27 | 27 | | (b) Temporary directors serve until the earlier of: |
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| 28 | 28 | | (1) the date permanent directors are elected at an |
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| 29 | 29 | | election held under Section 49.102, Water Code; or |
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| 30 | 30 | | (2) the fourth anniversary of the effective date of |
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| 31 | 31 | | the Act enacting this section. |
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| 32 | 32 | | (c) If permanent directors have not been elected at an |
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| 33 | 33 | | election held under Section 49.102, Water Code, and the terms of the |
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| 34 | 34 | | temporary directors have expired, successor temporary directors |
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| 35 | 35 | | shall be appointed or reappointed as provided by Subsection (d) to |
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| 36 | 36 | | serve terms that expire on the earlier of: |
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| 37 | 37 | | (1) the date permanent directors are elected at an |
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| 38 | 38 | | election held under Section 49.102, Water Code; or |
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| 39 | 39 | | (2) the fourth anniversary of the date of the |
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| 40 | 40 | | appointment or reappointment. |
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| 41 | 41 | | (d) If Subsection (c) applies, the owner or owners of a |
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| 42 | 42 | | majority of the assessed value of the real property in the district |
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| 43 | 43 | | may submit a petition to the commission requesting that the |
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| 44 | 44 | | commission appoint as successor temporary directors the five |
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| 45 | 45 | | persons named in the petition. The commission shall appoint as |
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| 46 | 46 | | successor temporary directors the five persons named in the |
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| 47 | 47 | | petition. |
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| 48 | 48 | | SECTION 3. The Boling Municipal Water District retains all |
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| 49 | 49 | | the rights, powers, privileges, authority, duties, and functions |
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| 50 | 50 | | that it had before the effective date of this Act. |
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| 51 | 51 | | SECTION 4. (a) The legislature validates and confirms all |
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| 52 | 52 | | governmental acts and proceedings of the Boling Municipal Water |
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| 53 | 53 | | District that were taken before the effective date of this Act. |
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| 54 | 54 | | (b) This section does not apply to any matter that on the |
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| 55 | 55 | | effective date of this Act: |
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| 56 | 56 | | (1) is involved in litigation if the litigation |
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| 57 | 57 | | ultimately results in the matter being held invalid by a final court |
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| 58 | 58 | | judgment; or |
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| 59 | 59 | | (2) has been held invalid by a final court judgment. |
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| 60 | 60 | | SECTION 5. (a) The legal notice of the intention to |
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| 61 | 61 | | introduce this Act, setting forth the general substance of this |
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| 62 | 62 | | Act, has been published as provided by law, and the notice and a |
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| 63 | 63 | | copy of this Act have been furnished to all persons, agencies, |
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| 64 | 64 | | officials, or entities to which they are required to be furnished |
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| 65 | 65 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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| 66 | 66 | | Government Code. |
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| 67 | 67 | | (b) The governor, one of the required recipients, has |
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| 68 | 68 | | submitted the notice and Act to the Texas Commission on |
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| 69 | 69 | | Environmental Quality. |
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| 70 | 70 | | (c) The Texas Commission on Environmental Quality has filed |
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| 71 | 71 | | its recommendations relating to this Act with the governor, the |
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| 72 | 72 | | lieutenant governor, and the speaker of the house of |
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| 73 | 73 | | representatives within the required time. |
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| 74 | 74 | | (d) All requirements of the constitution and laws of this |
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| 75 | 75 | | state and the rules and procedures of the legislature with respect |
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| 76 | 76 | | to the notice, introduction, and passage of this Act are fulfilled |
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| 77 | 77 | | and accomplished. |
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| 78 | 78 | | SECTION 6. This Act takes effect immediately if it receives |
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| 79 | 79 | | a vote of two-thirds of all the members elected to each house, as |
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| 80 | 80 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 81 | 81 | | Act does not receive the vote necessary for immediate effect, this |
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| 82 | 82 | | Act takes effect September 1, 2019. |
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