1 | 1 | | 89R10718 SCR-D |
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2 | 2 | | By: Kerwin H.B. No. 5671 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the election of directors for and the authority to issue |
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10 | 10 | | bonds of the Johnson County Special Utility District. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subchapter B, Chapter 7216, Special District |
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13 | 13 | | Local Laws Code, is amended by adding Sections 7216.052 and |
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14 | 14 | | 7216.053 to read as follows: |
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15 | 15 | | Sec. 7216.052. DIRECTOR ELIGIBILITY. To be eligible to be |
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16 | 16 | | listed on the ballot as a candidate for or to serve as a director, a |
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17 | 17 | | person must be: |
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18 | 18 | | (1) a qualified voter; |
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19 | 19 | | (2) a retail water or sewer service customer of the |
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20 | 20 | | district; and |
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21 | 21 | | (3) an owner of: |
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22 | 22 | | (A) land receiving services from the district; or |
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23 | 23 | | (B) a beneficial interest in a trust that owns |
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24 | 24 | | land receiving services from the district. |
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25 | 25 | | Sec. 7216.053. ELECTION OF DIRECTORS FROM SINGLE-MEMBER |
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26 | 26 | | DISTRICTS. (a) The board by rule may provide for the election of |
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27 | 27 | | some or all of the directors from single-member districts. |
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28 | 28 | | (b) In addition to requirements of Section 7216.052, if the |
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29 | 29 | | board provides for the election of some or all of the directors from |
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30 | 30 | | single-member districts, to be eligible to be listed on the ballot |
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31 | 31 | | as a candidate for or to serve as a director from a single-member |
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32 | 32 | | district, a person must be a resident of that district. |
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33 | 33 | | SECTION 2. Section 7216.101, Special District Local Laws |
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34 | 34 | | Code, is amended to read as follows: |
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35 | 35 | | Sec. 7216.101. SPECIAL UTILITY DISTRICT POWERS. The |
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36 | 36 | | [Except as specifically limited by Section 7216.102, the] district |
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37 | 37 | | has all of the rights, powers, privileges, authority, functions, |
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38 | 38 | | and duties provided by general law applicable to a special utility |
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39 | 39 | | district created under Section 59, Article XVI, Texas Constitution, |
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40 | 40 | | including those provided by Chapters 49 and 65, Water Code. |
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41 | 41 | | SECTION 3. Subchapter D, Chapter 7216, Special District |
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42 | 42 | | Local Laws Code, is amended by adding Section 7216.152 to read as |
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43 | 43 | | follows: |
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44 | 44 | | Sec. 7216.152. AUTHORITY TO ISSUE BONDS. (a) The district |
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45 | 45 | | has the rights, powers, duties, and obligations of an issuer under |
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46 | 46 | | Chapter 1371, Government Code. |
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47 | 47 | | (b) Sections 49.181 and 49.182, Water Code, do not apply to |
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48 | 48 | | the district. |
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49 | 49 | | SECTION 4. Section 7216.102, Special District Local Laws |
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50 | 50 | | Code, is repealed. |
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51 | 51 | | SECTION 5. (a) The legal notice of the intention to |
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52 | 52 | | introduce this Act, setting forth the general substance of this |
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53 | 53 | | Act, has been published as provided by law, and the notice and a |
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54 | 54 | | copy of this Act have been furnished to all persons, agencies, |
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55 | 55 | | officials, or entities to which they are required to be furnished |
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56 | 56 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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57 | 57 | | Government Code. |
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58 | 58 | | (b) The governor, one of the required recipients, has |
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59 | 59 | | submitted the notice and Act to the Texas Commission on |
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60 | 60 | | Environmental Quality. |
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61 | 61 | | (c) The Texas Commission on Environmental Quality has filed |
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62 | 62 | | its recommendations relating to this Act with the governor, the |
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63 | 63 | | lieutenant governor, and the speaker of the house of |
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64 | 64 | | representatives within the required time. |
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65 | 65 | | (d) All requirements of the constitution and laws of this |
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66 | 66 | | state and the rules and procedures of the legislature with respect |
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67 | 67 | | to the notice, introduction, and passage of this Act are fulfilled |
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68 | 68 | | and accomplished. |
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69 | 69 | | SECTION 6. This Act takes effect immediately if it receives |
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70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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73 | 73 | | Act takes effect September 1, 2025. |
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