89R8965 SCR-F
By: Kitzman H.B. No. 5437
A BILL TO BE ENTITLED
AN ACT
relating to the validation of the creation of and certain acts of
the Austin County Municipal Utility District No. 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The creation of the Austin County Municipal
Utility District No. 1 and all acts and proceedings related to the
creation of the district, effective as of the date on which the
creation or related acts or proceedings occurred, are validated and
confirmed in all respects, including:
(1) any act or proceeding of the temporary directors
of the Austin County Municipal Utility District No. 1 appointed by
or under Section 7913A.0202, Special District Local Laws Code,
taken not more than five years before the effective date of this
Act, including an order calling for an election to confirm and
establish the district, to elect permanent directors, and to
approve the issuance of bonds and the imposition of ad valorem
taxes;
(2) all orders canvassing and declaring results of the
district election held on November 2, 2021, including confirming
the creation and establishment of the district, electing five
permanent directors, and approving the issuance of water, sewage,
drainage, and road bonds and the imposition of ad valorem taxes; and
(3) each proposition passed at the district election
held on November 2, 2021.
(b) This section does not apply to:
(1) an act, proceeding, director, other official,
bond, or other obligation the validity of which or of whom is the
subject of litigation that is pending on the effective date of this
Act; or
(2) an act or proceeding that has been held invalid by
a final judgment of a court of competent jurisdiction.
SECTION 2. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.