89R10718 SCR-D
By: Kerwin H.B. No. 5671
A BILL TO BE ENTITLED
AN ACT
relating to the election of directors for and the authority to issue
bonds of the Johnson County Special Utility District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 7216, Special District
Local Laws Code, is amended by adding Sections 7216.052 and
7216.053 to read as follows:
Sec. 7216.052. DIRECTOR ELIGIBILITY. To be eligible to be
listed on the ballot as a candidate for or to serve as a director, a
person must be:
(1) a qualified voter;
(2) a retail water or sewer service customer of the
district; and
(3) an owner of:
(A) land receiving services from the district; or
(B) a beneficial interest in a trust that owns
land receiving services from the district.
Sec. 7216.053. ELECTION OF DIRECTORS FROM SINGLE-MEMBER
DISTRICTS. (a) The board by rule may provide for the election of
some or all of the directors from single-member districts.
(b) In addition to requirements of Section 7216.052, if the
board provides for the election of some or all of the directors from
single-member districts, to be eligible to be listed on the ballot
as a candidate for or to serve as a director from a single-member
district, a person must be a resident of that district.
SECTION 2. Section 7216.101, Special District Local Laws
Code, is amended to read as follows:
Sec. 7216.101. SPECIAL UTILITY DISTRICT POWERS. The
[Except as specifically limited by Section 7216.102, the] district
has all of the rights, powers, privileges, authority, functions,
and duties provided by general law applicable to a special utility
district created under Section 59, Article XVI, Texas Constitution,
including those provided by Chapters 49 and 65, Water Code.
SECTION 3. Subchapter D, Chapter 7216, Special District
Local Laws Code, is amended by adding Section 7216.152 to read as
follows:
Sec. 7216.152. AUTHORITY TO ISSUE BONDS. (a) The district
has the rights, powers, duties, and obligations of an issuer under
Chapter 1371, Government Code.
(b) Sections 49.181 and 49.182, Water Code, do not apply to
the district.
SECTION 4. Section 7216.102, Special District Local Laws
Code, is repealed.
SECTION 5. (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 6. 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.