Texas 2023 - 88th Regular

Texas House Bill HB5418 Compare Versions

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Version 2 (New)

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1	1	H.B. No. 5418
2	2
3	3
4	4	AN ACT
5	5	relating to the powers, duties, operation, administration, and
6	6	board of directors of the Karis Municipal Management District of
7	7	Tarrant County; providing authority to impose assessments.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 8026A to read as follows:
11	11	CHAPTER 8026A. KARIS MUNICIPAL MANAGEMENT DISTRICT OF
12	12	TARRANT COUNTY
13	13	Sec. 8026A.0101. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "Commission" means the Texas Commission on
16	16	Environmental Quality.
17	17	(3) "Director" means a board member.
18	18	(4) "District" means the Karis Municipal Management
19	19	District of Tarrant County.
20	20	Sec. 8026A.0102. NATURE OF DISTRICT. The district is a
21	21	municipal management district created by order of the commission
22	22	under Section 59, Article XVI, Texas Constitution and operating
23	23	under Chapter 375, Local Government Code.
24	24	Sec. 8026A.0103. GOVERNING BODY; TERMS. (a) The district
25	25	is governed by a board of five directors.
26	26	(b) Except as provided by Section 8026A.0104, directors
27	27	serve staggered four-year terms.
28	28	(c) The initial directors were appointed with terms by the
29	29	commission to serve until their successors are elected or have been
30	30	appointed in accordance with applicable law.
31	31	(d) Subsequent directors shall be elected in the manner
32	32	provided by Subchapter D, Chapter 49, Water Code.
33	33	(e) Section 375.064, Local Government Code, does not apply
34	34	to the district.
35	35	Sec. 8026A.0104. DIRECTORS. (a) The current terms of
36	36	directors initially appointed by the commission to serve two-year
37	37	terms shall expire on the date of the general May election in 2024,
38	38	and the current terms of directors initially appointed by the
39	39	commission to serve four-year terms shall expire on the date of the
40	40	general May election in 2026.
41	41	(b) If successor directors have not been elected and the
42	42	terms of the initial directors have expired, successor directors
43	43	shall be appointed or reappointed as provided by Subsection (c) to
44	44	serve terms that expire on the earlier of:
45	45	(1) the date successor directors are elected; or
46	46	(2) the fourth anniversary of the date of the
47	47	appointment or reappointment.
48	48	(c) If Subsection (b) applies, the owner or owners of a
49	49	majority of the assessed value of the real property in the district
50	50	may submit a petition to the commission requesting that the
51	51	commission appoint as successor directors the five persons named in
52	52	the petition. The commission shall appoint as successor directors
53	53	the five persons named in the petition.
54	54	Sec. 8026A.0105. COMPENSATION. A director is entitled to
55	55	receive fees of office and reimbursement for actual expenses as
56	56	provided by Section 49.060, Water Code. Sections 375.069 and
57	57	375.070, Local Government Code, do not apply to the board.
58	58	Sec. 8026A.0106. ASSESSMENT. The board by resolution may
59	59	impose and collect an assessment for any purpose authorized by law
60	60	in all or any part of the district. Section 375.161, Local
61	61	Government Code, does not apply to an assessment imposed by the
62	62	district.
63	63	SECTION 2. The Karis Municipal Management District of
64	64	Tarrant County retains all the rights, powers, privileges,
65	65	authority, duties, and functions that it had before the effective
66	66	date of this Act.
67	67	SECTION 3. (a) The legislature validates and confirms the
68	68	creation of the Karis Municipal Management District of Tarrant
69	69	County and all governmental acts and proceedings that were taken by
70	70	the district before the effective date of this Act.
71	71	(b) This section does not apply to any matter that on the
72	72	effective date of this Act:
73	73	(1) is involved in litigation if the litigation
74	74	ultimately results in the matter being held invalid by a final court
75	75	judgment; or
76	76	(2) has been held invalid by a final court judgment.
77	77	SECTION 4. (a) The legal notice of the intention to
78	78	introduce this Act, setting forth the general substance of this
79	79	Act, has been published as provided by law, and the notice and a
80	80	copy of this Act have been furnished to all persons, agencies,
81	81	officials, or entities to which they are required to be furnished
82	82	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
83	83	Government Code.
84	84	(b) The governor, one of the required recipients, has
85	85	submitted the notice and Act to the Texas Commission on
86	86	Environmental Quality.
87	87	(c) The Texas Commission on Environmental Quality has filed
88	88	its recommendations relating to this Act with the governor, the
89	89	lieutenant governor, and the speaker of the house of
90	90	representatives within the required time.
91	91	(d) All requirements of the constitution and laws of this
92	92	state and the rules and procedures of the legislature with respect
93	93	to the notice, introduction, and passage of this Act are fulfilled
94	94	and accomplished.
95	95	SECTION 5. This Act takes effect immediately if it receives
96	96	a vote of two-thirds of all the members elected to each house, as
97	97	provided by Section 39, Article III, Texas Constitution. If this
98	98	Act does not receive the vote necessary for immediate effect, this
99	99	Act takes effect September 1, 2023.
100	100	______________________________ ______________________________
101	101	President of the Senate Speaker of the House
102	102	I certify that H.B. No. 5418 was passed by the House on May
103	103	19, 2023, by the following vote: Yeas 120, Nays 23, 2 present, not
104	104	voting.
105	105	______________________________
106	106	Chief Clerk of the House
107	107	I certify that H.B. No. 5418 was passed by the Senate on May
108	108	24, 2023, by the following vote: Yeas 29, Nays 2.
109	109	______________________________
110	110	Secretary of the Senate
111	111	APPROVED: _____________________
112	112	Date
113	113	_____________________
114	114	Governor