| 1 | 1 | | 86R7875 GRM-F |
|---|
| 2 | 2 | | By: Nichols S.B. No. 769 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the powers and duties of Montgomery County Municipal |
|---|
| 8 | 8 | | Utility District No. 101. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter C, Chapter 8120, Special District |
|---|
| 11 | 11 | | Local Laws Code, is amended by adding Section 8120.106 to read as |
|---|
| 12 | 12 | | follows: |
|---|
| 13 | 13 | | Sec. 8120.106. DIVISION OF DISTRICT. (a) The district may |
|---|
| 14 | 14 | | be divided into two or more new districts only if the district: |
|---|
| 15 | 15 | | (1) has no outstanding bonded debt; and |
|---|
| 16 | 16 | | (2) is not imposing ad valorem taxes. |
|---|
| 17 | 17 | | (b) This chapter applies to any new district created by the |
|---|
| 18 | 18 | | division of the district, and a new district has all the powers and |
|---|
| 19 | 19 | | duties of the district. |
|---|
| 20 | 20 | | (c) Any new district created by the division of the district |
|---|
| 21 | 21 | | may not, at the time the new district is created, contain any land |
|---|
| 22 | 22 | | outside the area described by Section 2 of the Act enacting this |
|---|
| 23 | 23 | | chapter. |
|---|
| 24 | 24 | | (d) The board, on its own motion or on receipt of a petition |
|---|
| 25 | 25 | | signed by the owner or owners of a majority of the assessed value of |
|---|
| 26 | 26 | | the real property in the district, may adopt an order dividing the |
|---|
| 27 | 27 | | district. |
|---|
| 28 | 28 | | (e) The board may adopt an order dividing the district |
|---|
| 29 | 29 | | before or after the date the board holds an election under Section |
|---|
| 30 | 30 | | 8120.023 to confirm the district's creation. |
|---|
| 31 | 31 | | (f) An order dividing the district must: |
|---|
| 32 | 32 | | (1) name each new district; |
|---|
| 33 | 33 | | (2) include the metes and bounds description of the |
|---|
| 34 | 34 | | territory of each new district; |
|---|
| 35 | 35 | | (3) appoint temporary directors for each new district; |
|---|
| 36 | 36 | | and |
|---|
| 37 | 37 | | (4) provide for the division of assets and liabilities |
|---|
| 38 | 38 | | between or among the new districts. |
|---|
| 39 | 39 | | (g) On or before the 30th day after the date of adoption of |
|---|
| 40 | 40 | | an order dividing the district, the district shall file the order |
|---|
| 41 | 41 | | with the commission and record the order in the real property |
|---|
| 42 | 42 | | records of each county in which the district is located. |
|---|
| 43 | 43 | | (h) Any new district created by the division of the district |
|---|
| 44 | 44 | | shall hold a confirmation and directors' election as required by |
|---|
| 45 | 45 | | Section 8120.023. |
|---|
| 46 | 46 | | (i) Municipal consent to the creation of the district and to |
|---|
| 47 | 47 | | the inclusion of land in the district acts as municipal consent to |
|---|
| 48 | 48 | | the creation of any new district created by the division of the |
|---|
| 49 | 49 | | district and to the inclusion of land in the new district. |
|---|
| 50 | 50 | | (j) Any new district created by the division of the district |
|---|
| 51 | 51 | | must hold an election as required by law to obtain voter approval |
|---|
| 52 | 52 | | before the district may impose a maintenance tax or issue bonds |
|---|
| 53 | 53 | | payable wholly or partly from ad valorem taxes. |
|---|
| 54 | 54 | | (k) If the creation of the new district is confirmed, the |
|---|
| 55 | 55 | | new district shall provide the election date and results to the |
|---|
| 56 | 56 | | commission. |
|---|
| 57 | 57 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 58 | 58 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 59 | 59 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 60 | 60 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 61 | 61 | | Act takes effect September 1, 2019. |
|---|