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AN ACT
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relating to strategic partnerships for the continuation of certain |
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water districts annexed by a municipality and to certain |
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restrictions on their use. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (1), Subsection (a), Section |
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43.0751, Local Government Code, is amended to read as follows: |
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(1) "District" means a conservation and reclamation |
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[water control and improvement district or a municipal utility] |
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district [created or] operating under Chapter 49 [51 or 54], Water |
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Code. The term does not include a groundwater conservation |
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district operating under Chapter 36, Water Code, or a special |
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utility district operating under Chapter 65, Water Code. |
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SECTION 2. Section 43.0751, Local Government Code, is |
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amended by adding Subsection (r) to read as follows: |
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(r) A district or the area of a district annexed for limited |
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purposes under this section must be: |
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(1) in the municipality's extraterritorial |
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jurisdiction; and |
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(2) contiguous to the corporate boundaries of the |
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municipality or an area annexed by the municipality for limited |
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purposes, unless the district consents to noncontiguous annexation |
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under a strategic partnership agreement with the municipality. |
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SECTION 3. Subchapter D, Chapter 43, Local Government Code, |
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is amended by adding Section 43.07515 to read as follows: |
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Sec. 43.07515. REGULATION OF FIREWORKS UNDER STRATEGIC |
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PARTNERSHIP AGREEMENT LAW. (a) A municipality may not regulate |
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under Section 43.0751 or 43.0752 the sale, use, storage, or |
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transportation of fireworks outside of the municipality's |
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boundaries. |
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(b) To the extent of a conflict with any other law, this |
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section controls. |
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SECTION 4. Section 43.0751, Local Government Code, as |
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amended by this Act, applies only to an annexation for limited |
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purposes of an area for which a municipality institutes proceedings |
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to annex the area on or after the effective date of this Act. The |
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annexation of an area for limited purposes for which a municipality |
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institutes annexation proceedings before that date is governed by |
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the law in effect immediately before the effective date of this Act, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. Section 43.07515, Local Government Code, as |
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added by this Act, applies only to a regulation adopted on or after |
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the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2011. |
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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. 1082 passed the Senate on |
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April 14, 2011, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 23, 2011, by the |
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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. 1082 passed the House, with |
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amendments, on May 10, 2011, by the following vote: Yeas 141, |
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Nays 1, two 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 |