| 1 | 1 | | By: Creighton S.B. No. 1959 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | Relating to the provision of parks and recreational facilities by |
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| 7 | 7 | | water districts. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 49.4645(a), Water Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (a) A district all or part of which is located in Bastrop |
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| 12 | 12 | | County, Bexar County, Waller County, Travis County, Williamson |
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| 13 | 13 | | County, Harris County, Galveston County, Brazoria County, |
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| 14 | 14 | | Montgomery County, or Fort Bend County may issue bonds supported by |
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| 15 | 15 | | ad valorem taxes to pay for the development and maintenance of |
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| 16 | 16 | | recreational facilities only if the bonds are authorized by a |
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| 17 | 17 | | majority vote of the voters of the district voting in an election |
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| 18 | 18 | | held for that purpose. Except for a district that is exempt from the |
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| 19 | 19 | | commission rule requiring developer cost participation in district |
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| 20 | 20 | | construction projects or for bonds supported by contract taxes |
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| 21 | 21 | | under Section 49.108, the [The] outstanding principal amount of |
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| 22 | 22 | | bonds, notes, and other obligations issued to finance parks and |
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| 23 | 23 | | recreational facilities supported by ad valorem taxes may not |
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| 24 | 24 | | exceed an amount equal to one percent of the value of the taxable |
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| 25 | 25 | | property in the district [or, if supported by contract taxes under |
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| 26 | 26 | | Section 49.108, may not exceed an amount equal to one percent of the |
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| 27 | 27 | | value of the taxable property in the districts making payments |
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| 28 | 28 | | under the contract] as shown by the tax rolls of the central |
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| 29 | 29 | | appraisal district at the time of the issuance of the bonds, notes, |
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| 30 | 30 | | and other obligations or an amount greater than the estimated cost |
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| 31 | 31 | | provided in the park plan under Subsection (b), whichever is |
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| 32 | 32 | | smaller. To establish the value of the taxable property in a |
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| 33 | 33 | | district under this section, the district may use an estimate of the |
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| 34 | 34 | | value provided by the central appraisal district. The district may |
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| 35 | 35 | | not issue bonds supported by ad valorem taxes to pay for the |
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| 36 | 36 | | development and maintenance of: |
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| 37 | 37 | | (1) indoor or outdoor swimming pools; or |
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| 38 | 38 | | (2) golf courses. |
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| 39 | 39 | | SECTION 2. Section 54.016(e), Water Code, is amended to |
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| 40 | 40 | | read as follows: |
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| 41 | 41 | | (e) A city may provide in its written consent to the |
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| 42 | 42 | | inclusion of land in a district, that the district construct all |
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| 43 | 43 | | facilities to serve the land in accordance with plans and |
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| 44 | 44 | | specifications which have been approved by the city. The city may |
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| 45 | 45 | | also provide in its written consent that the city shall have the |
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| 46 | 46 | | right to inspect all facilities being constructed by a district. |
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| 47 | 47 | | The city's consent to the inclusion of land in the district may also |
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| 48 | 48 | | contain restrictions on the terms and provisions of the district's |
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| 49 | 49 | | bonds and notes issued to provide service to the land and conditions |
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| 50 | 50 | | on the sale of the district's bonds and notes if the restrictions |
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| 51 | 51 | | and conditions do not generally render the bonds and notes of |
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| 52 | 52 | | districts in the city's extraterritorial jurisdiction |
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| 53 | 53 | | unmarketable. The city's consent to the inclusion of land in a |
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| 54 | 54 | | district may restrict the purposes for which a district may issue |
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| 55 | 55 | | bonds to those [the] purposes authorized by law for the district [of |
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| 56 | 56 | | the purchase, construction, acquisition, repair, extension and |
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| 57 | 57 | | improvement of land, easements, works, improvements, facilities, |
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| 58 | 58 | | plants, equipment and appliances necessary to: |
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| 59 | 59 | | (1) provide a water supply for municipal uses, |
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| 60 | 60 | | domestic uses and commercial purposes; |
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| 61 | 61 | | (2) collect, transport, process, dispose of and |
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| 62 | 62 | | control all domestic, industrial or communal wastes whether in |
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| 63 | 63 | | fluid, solid or composite state; and |
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| 64 | 64 | | (3) gather, conduct, divert and control local storm |
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| 65 | 65 | | water or other local harmful excesses of water in the district and |
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| 66 | 66 | | the payment of organization expenses, operation expenses during |
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| 67 | 67 | | construction and interest during construction]. |
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| 68 | 68 | | SECTION 3. This Act takes effect immediately if it receives |
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| 69 | 69 | | a vote of two-thirds of all the members elected to each house, as |
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| 70 | 70 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 71 | 71 | | Act does not receive the vote necessary for immediate effect, this |
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| 72 | 72 | | Act takes effect September 1, 2021. |
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