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AN ACT
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relating to the terms of temporary directors and to deadlines for |
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elections to confirm the creation of East Montgomery County |
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Municipal Utility Districts Nos. 8, 9, 10, 11, 12, 13, and 14, |
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Montgomery County Municipal Utility Districts Nos. 100 and 101, and |
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Liberty County Municipal Utility District No. 5. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8112.021, Special District Local Laws |
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Code, is amended by amending Subsection (d) and adding Subsections |
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(e) and (f) to read as follows: |
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(d) Temporary directors serve until [the earlier of:
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[(1)] the date the directors are elected under Section |
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8112.023[; or
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[(2)
the date this chapter expires under Section
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8112.003]. |
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(e) If permanent directors have not been elected under |
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Section 8112.023 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (f) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8112.023; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(f) If Subsection (e) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SECTION 2. Section 8113.021, Special District Local Laws |
|
Code, is amended by amending Subsection (d) and adding Subsections |
|
(e) and (f) to read as follows: |
|
(d) Temporary directors serve until [the earlier of:
|
|
[(1)] the date the directors are elected under Section |
|
8113.023[; or
|
|
[(2)
the date this chapter expires under Section
|
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8113.003]. |
|
(e) If permanent directors have not been elected under |
|
Section 8113.023 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (f) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8113.023; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(f) If Subsection (e) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SECTION 3. Section 8114.021, Special District Local Laws |
|
Code, is amended by amending Subsection (d) and adding Subsections |
|
(e) and (f) to read as follows: |
|
(d) Temporary directors serve until [the earlier of:
|
|
[(1)] the date the directors are elected under Section |
|
8114.023[; or
|
|
[(2)
the date this chapter expires under Section
|
|
8114.003]. |
|
(e) If permanent directors have not been elected under |
|
Section 8114.023 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (f) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8114.023; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(f) If Subsection (e) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SECTION 4. Section 8115.021, Special District Local Laws |
|
Code, is amended by amending Subsection (d) and adding Subsections |
|
(e) and (f) to read as follows: |
|
(d) Temporary directors serve until [the earlier of:
|
|
[(1)] the date the directors are elected under Section |
|
8115.023[; or
|
|
[(2)
the date this chapter expires under Section
|
|
8115.003]. |
|
(e) If permanent directors have not been elected under |
|
Section 8115.023 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (f) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8115.023; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(f) If Subsection (e) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SECTION 5. Section 8116.021, Special District Local Laws |
|
Code, is amended by amending Subsection (d) and adding Subsections |
|
(e) and (f) to read as follows: |
|
(d) Temporary directors serve until [the earlier of:
|
|
[(1)] the date the directors are elected under Section |
|
8116.023[; or
|
|
[(2)
the date this chapter expires under Section
|
|
8116.003]. |
|
(e) If permanent directors have not been elected under |
|
Section 8116.023 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (f) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8116.023; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(f) If Subsection (e) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SECTION 6. Section 8117.021, Special District Local Laws |
|
Code, is amended by amending Subsection (d) and adding Subsections |
|
(e) and (f) to read as follows: |
|
(d) Temporary directors serve until [the earlier of:
|
|
[(1)] the date the directors are elected under Section |
|
8117.023[; or
|
|
[(2)
the date this chapter expires under Section
|
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8117.003]. |
|
(e) If permanent directors have not been elected under |
|
Section 8117.023 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (f) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8117.023; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(f) If Subsection (e) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SECTION 7. Section 8118.021, Special District Local Laws |
|
Code, is amended by amending Subsection (d) and adding Subsections |
|
(e) and (f) to read as follows: |
|
(d) Temporary directors serve until [the earlier of:
|
|
[(1)] the date the directors are elected under Section |
|
8118.023[; or
|
|
[(2)
the date this chapter expires under Section
|
|
8118.003]. |
|
(e) If permanent directors have not been elected under |
|
Section 8118.023 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (f) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8118.023; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(f) If Subsection (e) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SECTION 8. Section 8119.021, Special District Local Laws |
|
Code, is amended by amending Subsection (d) and adding Subsections |
|
(e) and (f) to read as follows: |
|
(d) Temporary directors serve until [the earlier of:
|
|
[(1)] the date the directors are elected under Section |
|
8119.023[; or
|
|
[(2)
the date this chapter expires under Section
|
|
8119.003]. |
|
(e) If permanent directors have not been elected under |
|
Section 8119.023 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (f) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8119.023; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(f) If Subsection (e) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SECTION 9. Section 8120.021, Special District Local Laws |
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Code, is amended by amending Subsection (d) and adding Subsections |
|
(e) and (f) to read as follows: |
|
(d) Temporary directors serve until [the earlier of:
|
|
[(1)] the date the directors are elected under Section |
|
8120.023[; or
|
|
[(2)
the date this chapter expires under Section
|
|
8120.003]. |
|
(e) If permanent directors have not been elected under |
|
Section 8120.023 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (f) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8120.023; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(f) If Subsection (e) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SECTION 10. Section 8185.021, Special District Local Laws |
|
Code, is amended by amending Subsection (d) and adding Subsections |
|
(e) and (f) to read as follows: |
|
(d) Temporary directors serve until [the earlier of:
|
|
[(1)] the date the directors are elected under Section |
|
8185.023[; or
|
|
[(2)
the date this chapter expires under Section
|
|
8185.003]. |
|
(e) If permanent directors have not been elected under |
|
Section 8185.023 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (f) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8185.023; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(f) If Subsection (e) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
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SECTION 11. Sections 8112.003, 8112.026, 8113.003, |
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8113.026, 8114.003, 8114.026, 8115.003, 8115.026, 8116.003, |
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8116.026, 8117.003, 8117.026, 8118.003, 8118.026, 8119.003, |
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8119.026, 8120.003, 8120.026, 8185.003, and 8185.026, Special |
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District Local Laws Code, are repealed. |
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SECTION 12. (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 13. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4715 was passed by the House on May |
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15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4715 on May 29, 2009, by the following vote: Yeas 139, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4715 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |