Texas 2023 - 88th Regular

Texas House Bill HB5412 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 5412
2	2
3	3
4	4	AN ACT
5	5	relating to the powers and duties of the Waller County Municipal
6	6	Utility District No. 3.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 8237.103, Special District Local Laws
9	9	Code, is amended by adding Subsection (a-1) to read as follows:
10	10	(a-1) The district may design, acquire, construct, finance,
11	11	issue bonds for, improve, operate, maintain, and convey to this
12	12	state, a county, or a municipality for operation and maintenance
13	13	macadamized, graveled, or paved roads or improvements, including
14	14	storm drainage, in aid of those roads.
15	15	SECTION 2. Subchapter C, Chapter 8237, Special District
16	16	Local Laws Code, is amended by adding Section 8237.105 to read as
17	17	follows:
18	18	Sec. 8237.105. DIVISION OF DISTRICT. (a) The board, on its
19	19	own motion or on receipt of a petition signed by the owner or owners
20	20	of a majority of the assessed value of the real property in the
21	21	district, may adopt an order dividing the district.
22	22	(b) An order dividing the district may create one or more
23	23	new districts and may provide for the continuation of the district.
24	24	(c) An order dividing the district shall:
25	25	(1) name any new district;
26	26	(2) include the metes and bounds description of the
27	27	territory of each of the districts;
28	28	(3) appoint temporary directors for any new district;
29	29	and
30	30	(4) provide for the division of assets and liabilities
31	31	between the districts.
32	32	(d) The board may adopt an order dividing the district
33	33	before or after the date the board holds an election to confirm the
34	34	district's creation.
35	35	(e) The district may be divided only if the district:
36	36	(1) has never issued any bonds; and
37	37	(2) is not imposing ad valorem taxes.
38	38	(f) A new district created by the division of the district
39	39	may not, at the time the new district is created, contain any land
40	40	outside the area described by Section 2 of the Act enacting this
41	41	chapter.
42	42	(g) On or before the 30th day after the date of adoption of
43	43	an order dividing the district, the district shall file the order
44	44	with the Texas Commission on Environmental Quality and record the
45	45	order in the real property records of each county in which the
46	46	district is located.
47	47	(h) This chapter applies to any new district created by the
48	48	division of the district, and a new district has all the powers and
49	49	duties of the district.
50	50	(i) A new district created by the division of the district
51	51	shall hold a confirmation and directors' election.
52	52	(j) If the creation of the new district is confirmed, the
53	53	new district shall provide the election date and results to the
54	54	Texas Commission on Environmental Quality.
55	55	(k) A new district created by the division of the district
56	56	must hold an election as required by this chapter to obtain voter
57	57	approval before the district may impose a maintenance tax or issue
58	58	bonds payable wholly or partly from ad valorem taxes.
59	59	(l) The district may continue to rely on confirmation,
60	60	directors', bond, and tax elections held before the division.
61	61	(m) Municipal consent to the creation of the district and to
62	62	the inclusion of land in the district acts as municipal consent to
63	63	the creation of any new district created by the division of the
64	64	district and to the inclusion of land in the new district.
65	65	SECTION 3. Sections 8237.103(b), (c), and (e), Special
66	66	District Local Laws Code, are repealed.
67	67	SECTION 4. The Waller County Municipal Utility District
68	68	No. 3 retains all the rights, powers, privileges, authority,
69	69	duties, and functions that it had before the effective date of this
70	70	Act.
71	71	SECTION 5. (a) The legislature validates and confirms all
72	72	governmental acts and proceedings of the Waller County Municipal
73	73	Utility District No. 3 that were taken before the effective date of
74	74	this Act.
75	75	(b) This section does not apply to any matter that on the
76	76	effective date of this Act:
77	77	(1) is involved in litigation if the litigation
78	78	ultimately results in the matter being held invalid by a final court
79	79	judgment; or
80	80	(2) has been held invalid by a final court judgment.
81	81	SECTION 6. (a) The legal notice of the intention to
82	82	introduce this Act, setting forth the general substance of this
83	83	Act, has been published as provided by law, and the notice and a
84	84	copy of this Act have been furnished to all persons, agencies,
85	85	officials, or entities to which they are required to be furnished
86	86	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
87	87	Government Code.
88	88	(b) The governor, one of the required recipients, has
89	89	submitted the notice and Act to the Texas Commission on
90	90	Environmental Quality.
91	91	(c) The Texas Commission on Environmental Quality has filed
92	92	its recommendations relating to this Act with the governor, the
93	93	lieutenant governor, and the speaker of the house of
94	94	representatives within the required time.
95	95	(d) All requirements of the constitution and laws of this
96	96	state and the rules and procedures of the legislature with respect
97	97	to the notice, introduction, and passage of this Act are fulfilled
98	98	and accomplished.
99	99	SECTION 7. This Act takes effect immediately if it receives
100	100	a vote of two-thirds of all the members elected to each house, as
101	101	provided by Section 39, Article III, Texas Constitution. If this
102	102	Act does not receive the vote necessary for immediate effect, this
103	103	Act takes effect September 1, 2023.
104	104	______________________________ ______________________________
105	105	President of the Senate Speaker of the House
106	106	I certify that H.B. No. 5412 was passed by the House on May
107	107	12, 2023, by the following vote: Yeas 103, Nays 37, 2 present, not
108	108	voting.
109	109	______________________________
110	110	Chief Clerk of the House
111	111	I certify that H.B. No. 5412 was passed by the Senate on May
112	112	24, 2023, by the following vote: Yeas 28, Nays 3.
113	113	______________________________
114	114	Secretary of the Senate
115	115	APPROVED: _____________________
116	116	Date
117	117	_____________________
118	118	Governor