| 1 | 1 | | 88R3592 LRM-D |
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| 2 | 2 | | By: Guillen H.B. No. 5308 |
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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 dissolution of the McMullen County Water Control |
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| 8 | 8 | | and Improvement District No. 1. |
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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. On the effective date of this Act: |
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| 11 | 11 | | (1) the McMullen County Water Control and Improvement |
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| 12 | 12 | | District No. 1 is dissolved; |
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| 13 | 13 | | (2) the terms of the directors of the district expire; |
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| 14 | 14 | | (3) any assets and liabilities of the district are |
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| 15 | 15 | | transferred to McMullen County; and |
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| 16 | 16 | | (4) McMullen County may, in all respects, conduct the |
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| 17 | 17 | | affairs of the district. |
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| 18 | 18 | | SECTION 2. (a) As soon as practicable, the McMullen County |
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| 19 | 19 | | judge shall appoint a trustee to close the affairs of the district |
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| 20 | 20 | | as a result of the dissolution. |
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| 21 | 21 | | (b) The trustee has the same rights and responsibilities as |
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| 22 | 22 | | the board of the district for the purposes of carrying out the |
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| 23 | 23 | | winding up of the district. |
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| 24 | 24 | | (c) The trustee and the McMullen County judge shall enter |
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| 25 | 25 | | into an agreement to provide for the payment of the trustee for |
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| 26 | 26 | | services rendered under this Act. |
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| 27 | 27 | | (d) The trustee shall: |
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| 28 | 28 | | (1) wind up the business or affairs of the district; |
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| 29 | 29 | | (2) sell or otherwise dispose of the real or personal |
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| 30 | 30 | | property of the district and distribute the proceeds to the |
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| 31 | 31 | | creditors of the district and, if all creditors have been |
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| 32 | 32 | | satisfied, to McMullen County; |
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| 33 | 33 | | (3) take any other action necessary to prepare for the |
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| 34 | 34 | | dissolution of the district, including the filing of any |
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| 35 | 35 | | dissolution documents with the Texas Commission on Environmental |
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| 36 | 36 | | Quality; and |
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| 37 | 37 | | (4) deliver a report of the actions taken under this |
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| 38 | 38 | | Act to the McMullen County judge at the conclusion of the trustee's |
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| 39 | 39 | | duties. |
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| 40 | 40 | | SECTION 3. (a) The legal notice of the intention to |
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| 41 | 41 | | introduce this Act, setting forth the general substance of this |
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| 42 | 42 | | Act, has been published as provided by law, and the notice and a |
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| 43 | 43 | | copy of this Act have been furnished to all persons, agencies, |
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| 44 | 44 | | officials, or entities to which they are required to be furnished |
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| 45 | 45 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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| 46 | 46 | | Government Code. |
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| 47 | 47 | | (b) The governor, one of the required recipients, has |
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| 48 | 48 | | submitted the notice and Act to the Texas Commission on |
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| 49 | 49 | | Environmental Quality. |
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| 50 | 50 | | (c) The Texas Commission on Environmental Quality has filed |
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| 51 | 51 | | its recommendations relating to this Act with the governor, the |
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| 52 | 52 | | lieutenant governor, and the speaker of the house of |
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| 53 | 53 | | representatives within the required time. |
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| 54 | 54 | | (d) All requirements of the constitution and laws of this |
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| 55 | 55 | | state and the rules and procedures of the legislature with respect |
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| 56 | 56 | | to the notice, introduction, and passage of this Act are fulfilled |
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| 57 | 57 | | and accomplished. |
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| 58 | 58 | | SECTION 4. This Act takes effect immediately if it receives |
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| 59 | 59 | | a vote of two-thirds of all the members elected to each house, as |
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| 60 | 60 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 61 | 61 | | Act does not receive the vote necessary for immediate effect, this |
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| 62 | 62 | | Act takes effect September 1, 2023. |
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