1 | 1 | | By: Wilson (Senate Sponsor - Schwertner) H.B. No. 5397 |
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2 | 2 | | (In the Senate - Received from the House May 15, 2023; |
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3 | 3 | | May 15, 2023, read first time and referred to Committee on Local |
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4 | 4 | | Government; May 19, 2023, reported favorably by the following |
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5 | 5 | | vote: Yeas 9, Nays 0; May 19, 2023, sent to printer.) |
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6 | 6 | | Click here to see the committee vote |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | A BILL TO BE ENTITLED |
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10 | 10 | | AN ACT |
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11 | 11 | | relating to the name, powers, and duties of the 3 B&J Municipal |
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12 | 12 | | Utility District. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. The heading to Chapter 8221, Special District |
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15 | 15 | | Local Laws Code, is amended to read as follows: |
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16 | 16 | | CHAPTER 8221. WILLIAMSON COUNTY [3 B&J] MUNICIPAL UTILITY DISTRICT |
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17 | 17 | | NO. 51 |
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18 | 18 | | SECTION 2. Section 8221.001(3), Special District Local Laws |
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19 | 19 | | Code, is amended to read as follows: |
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20 | 20 | | (3) "District" means the Williamson County [3 B&J] |
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21 | 21 | | Municipal Utility District No. 51. |
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22 | 22 | | SECTION 3. Section 8221.202, Special District Local Laws |
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23 | 23 | | Code, is amended to read as follows: |
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24 | 24 | | Sec. 8221.202. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
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25 | 25 | | the time bonds or other obligations payable wholly or partly from ad |
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26 | 26 | | valorem taxes are issued,[: |
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27 | 27 | | [(1)] the board shall provide for the annual |
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28 | 28 | | imposition of [impose] a continuing direct annual ad valorem tax, |
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29 | 29 | | without limit to the rate or amount of the tax while all or part of |
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30 | 30 | | the bonds are outstanding as provided by Sections 54.601 and |
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31 | 31 | | 54.602, Water Code [at a rate not to exceed the rate approved at an |
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32 | 32 | | election held under Section 8221.151, for each year that all or part |
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33 | 33 | | of the bonds are outstanding; and |
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34 | 34 | | [(2) the district annually shall impose an ad valorem |
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35 | 35 | | tax on all taxable property in the district in an amount sufficient |
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36 | 36 | | to: |
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37 | 37 | | [(A) pay the interest on the bonds or other |
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38 | 38 | | obligations as the interest becomes due; |
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39 | 39 | | [(B) create a sinking fund for the payment of the |
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40 | 40 | | principal of the bonds or other obligations when due or the |
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41 | 41 | | redemption price at any earlier required redemption date; and |
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42 | 42 | | [(C) pay the expenses of imposing the taxes]. |
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43 | 43 | | SECTION 4. Sections 8221.003(b), 8221.105, 8221.106, |
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44 | 44 | | 8221.107, and 8221.108, Special District Local Laws Code, are |
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45 | 45 | | repealed. |
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46 | 46 | | SECTION 5. The Williamson County Municipal Utility District |
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47 | 47 | | No. 51 retains all the rights, powers, privileges, authority, |
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48 | 48 | | duties, and functions that it had before the effective date of this |
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49 | 49 | | Act. |
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50 | 50 | | SECTION 6. (a) The legislature validates and confirms all |
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51 | 51 | | governmental acts and proceedings of the Williamson County |
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52 | 52 | | Municipal Utility District No. 51 that were taken before the |
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53 | 53 | | effective date of this Act. |
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54 | 54 | | (b) The legislature validates and confirms all governmental |
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55 | 55 | | acts and proceedings relating to the creation and the consent to the |
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56 | 56 | | creation of the Williamson County Municipal Utility District |
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57 | 57 | | No. 51. |
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58 | 58 | | (c) This section does not apply to any matter that on the |
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59 | 59 | | effective date of this Act: |
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60 | 60 | | (1) is involved in litigation if the litigation |
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61 | 61 | | ultimately results in the matter being held invalid by a final court |
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62 | 62 | | judgment; or |
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63 | 63 | | (2) has been held invalid by a final court judgment. |
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64 | 64 | | SECTION 7. (a) The legal notice of the intention to |
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65 | 65 | | introduce this Act, setting forth the general substance of this |
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66 | 66 | | Act, has been published as provided by law, and the notice and a |
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67 | 67 | | copy of this Act have been furnished to all persons, agencies, |
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68 | 68 | | officials, or entities to which they are required to be furnished |
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69 | 69 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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70 | 70 | | Government Code. |
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71 | 71 | | (b) The governor, one of the required recipients, has |
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72 | 72 | | submitted the notice and Act to the Texas Commission on |
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73 | 73 | | Environmental Quality. |
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74 | 74 | | (c) The Texas Commission on Environmental Quality has filed |
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75 | 75 | | its recommendations relating to this Act with the governor, the |
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76 | 76 | | lieutenant governor, and the speaker of the house of |
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77 | 77 | | representatives within the required time. |
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78 | 78 | | (d) All requirements of the constitution and laws of this |
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79 | 79 | | state and the rules and procedures of the legislature with respect |
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80 | 80 | | to the notice, introduction, and passage of this Act are fulfilled |
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81 | 81 | | and accomplished. |
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82 | 82 | | SECTION 8. This Act takes effect immediately if it receives |
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83 | 83 | | a vote of two-thirds of all the members elected to each house, as |
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84 | 84 | | provided by Section 39, Article III, Texas Constitution. If this |
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85 | 85 | | Act does not receive the vote necessary for immediate effect, this |
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86 | 86 | | Act takes effect September 1, 2023. |
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87 | 87 | | * * * * * |
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