| 1 | 1 | | 87R14048 MCF-F |
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| 2 | 2 | | By: Thompson of Brazoria H.B. No. 4597 |
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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 validating certain acts and proceedings of the East |
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| 8 | 8 | | Lake Houston Management District and to the authority of the |
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| 9 | 9 | | district to exercise certain powers, issue bonds, and impose fees, |
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| 10 | 10 | | taxes, and assessments. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter C, Chapter 3936, Special District |
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| 13 | 13 | | Local Laws Code, is amended by adding Section 3936.113 to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | Sec. 3936.113. PUBLIC IMPROVEMENT DISTRICT POWERS. The |
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| 16 | 16 | | district has the powers provided by Chapter 372, Local Government |
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| 17 | 17 | | Code, to a municipality or county. |
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| 18 | 18 | | SECTION 2. Subchapter D, Chapter 3936, Special District |
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| 19 | 19 | | Local Laws Code, is amended by adding Section 3936.162 to read as |
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| 20 | 20 | | follows: |
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| 21 | 21 | | Sec. 3936.162. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT. |
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| 22 | 22 | | Section 375.161, Local Government Code, does not apply to the |
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| 23 | 23 | | district. |
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| 24 | 24 | | SECTION 3. Section 3936.204, Special District Local Laws |
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| 25 | 25 | | Code, is amended by adding Subsection (d) to read as follows: |
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| 26 | 26 | | (d) The district may issue, by public or private sale, |
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| 27 | 27 | | bonds, notes, or other obligations payable wholly or partly from |
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| 28 | 28 | | assessments in the manner provided by Subchapter A, Chapter 372, |
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| 29 | 29 | | Local Government Code, if the improvements financed by an |
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| 30 | 30 | | obligation issued under this section will be conveyed to, operated |
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| 31 | 31 | | and maintained by, or otherwise financed pursuant to an agreement |
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| 32 | 32 | | between the district and the county, a municipality, or a retail |
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| 33 | 33 | | utility provider entered into before the issuance of the |
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| 34 | 34 | | obligation. |
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| 35 | 35 | | SECTION 4. (a) The legal notice of the intention to |
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| 36 | 36 | | introduce this Act, setting forth the general substance of this |
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| 37 | 37 | | Act, has been published as provided by law, and the notice and a |
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| 38 | 38 | | copy of this Act have been furnished to all persons, agencies, |
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| 39 | 39 | | officials, or entities to which they are required to be furnished |
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| 40 | 40 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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| 41 | 41 | | Government Code. |
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| 42 | 42 | | (b) The governor, one of the required recipients, has |
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| 43 | 43 | | submitted the notice and Act to the Texas Commission on |
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| 44 | 44 | | Environmental Quality. |
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| 45 | 45 | | (c) The Texas Commission on Environmental Quality has filed |
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| 46 | 46 | | its recommendations relating to this Act with the governor, |
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| 47 | 47 | | lieutenant governor, and speaker of the house of representatives |
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| 48 | 48 | | within the required time. |
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| 49 | 49 | | (d) All requirements of the constitution and laws of this |
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| 50 | 50 | | state and the rules and procedures of the legislature with respect |
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| 51 | 51 | | to the notice, introduction, and passage of this Act have been |
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| 52 | 52 | | fulfilled and accomplished. |
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| 53 | 53 | | SECTION 5. (a) The following are validated and confirmed in |
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| 54 | 54 | | all respects: |
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| 55 | 55 | | (1) the creation of the East Lake Houston Management |
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| 56 | 56 | | District; and |
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| 57 | 57 | | (2) any act or proceeding of the district, including |
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| 58 | 58 | | an election, not excepted by this section and taken not more than |
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| 59 | 59 | | three years before the effective date of this Act, effective as of |
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| 60 | 60 | | the date on which the act or proceeding occurred. |
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| 61 | 61 | | (b) This section does not apply to: |
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| 62 | 62 | | (1) an act, proceeding, director, other official, |
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| 63 | 63 | | bond, or other obligation the validity of which or of whom is the |
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| 64 | 64 | | subject of litigation that is pending on the effective date of this |
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| 65 | 65 | | Act; or |
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| 66 | 66 | | (2) an act or proceeding that, under a statute of this |
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| 67 | 67 | | state or the United States, was a misdemeanor or felony at the time |
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| 68 | 68 | | the act or proceeding occurred. |
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| 69 | 69 | | SECTION 6. This Act takes effect immediately if it receives |
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| 70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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| 71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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| 73 | 73 | | Act takes effect September 1, 2021. |
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