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AN ACT
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relating to the powers and duties of the Parker Creek Municipal |
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Utility District of Rockwall County; providing authority to issue |
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bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter C, Chapter 8123, |
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Special District Local Laws Code, is amended to read as follows: |
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SUBCHAPTER C. POWERS AND DUTIES [CONTINGENT ON ANNEXATION BY
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MUNICIPALITY] |
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SECTION 2. Subsections (a), (b), and (d), Section 8123.102, |
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Special District Local Laws Code, are amended to read as follows: |
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(a) The [In the part of the district annexed by the
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municipality, the] district may construct, acquire, improve, |
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maintain, or operate [macadamized, graveled, or] paved roads and |
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enhancements or [turnpikes or] improvements to [in aid of] those |
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roads in or adjacent to the district [or turnpikes]. |
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(b) A road project authorized by this section must meet or |
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exceed all applicable construction standards mutually agreed upon |
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by the district and any municipality in whose corporate boundaries |
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or extraterritorial jurisdiction the district is located[, zoning
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and subdivision requirements, and regulatory ordinances of the
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municipality. The district may not undertake a road project under
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this section unless the municipality consents by ordinance or
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resolution]. |
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(d) The district may not undertake a road project unless |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located consents by ordinance or |
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resolution. If the district is located outside the |
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extraterritorial jurisdiction of a municipality, the district may |
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not undertake a road project unless each county in which the |
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district is located consents by ordinance or resolution [Section
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49.182, Water Code, does not apply to a project under this section]. |
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SECTION 3. Section 8123.151, Special District Local Laws |
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Code, is amended by amending Subsection (a) and adding Subsections |
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(c) and (d) to read as follows: |
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(a) The district may issue bonds in accordance with Chapters |
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49 and 54, Water Code, and to finance the construction, operation, |
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or maintenance of a project under Section 8123.102. |
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(c) The district may not issue bonds or other obligations |
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secured wholly or partly by ad valorem taxation to finance projects |
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authorized by Section 8123.102 unless the issuance is approved by a |
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vote of a two-thirds majority of district voters voting at an |
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election called for that purpose. |
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(d) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8123.102 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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SECTION 4. Section 8123.152, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 8123.152. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of and interest on bonds issued under |
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Section [8123.103 or] 8123.151. |
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SECTION 5. Section 8123.153, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 8123.153. OPERATION AND MAINTENANCE TAX. [(a)] The |
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district may impose a tax for any district operation and |
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maintenance purpose in the manner provided by Section 49.107, Water |
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Code. |
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[(b)
Section 49.107(f), Water Code, does not apply to
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reimbursement for a project constructed or acquired under Section
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8123.102.] |
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SECTION 6. The following are repealed: |
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(1) Subchapter B, Chapter 8123, Special District Local |
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Laws Code; |
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(2) Section 8123.101, Special District Local Laws |
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Code; and |
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(3) Section 8123.103, Special District Local Laws |
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Code. |
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SECTION 7. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2054 passed the Senate on |
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May 17, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2054 passed the House on |
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May 23, 2007, by the following vote: Yeas 144, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |