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A BILL TO BE ENTITLED
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AN ACT
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relating to the name of The Woodlands Road Utility District No. 1, |
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of Montgomery County, Texas, and to the administration, powers, and |
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duties of the district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1(a), Chapter 816, Acts of the 72nd |
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Legislature, Regular Session, 1991, is amended to read as follows: |
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(a) Pursuant to Article III, Section 52, of the Texas |
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Constitution, a road utility district is created in Montgomery |
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County, subject to approval at a confirmation election under |
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Section 9 of this Act, to be known as "The Woodlands Road Utility |
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District No. 1[, of Montgomery County, Texas]," which shall be a |
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governmental agency and a body politic and corporate. |
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SECTION 2. Section 2(3), Chapter 816, Acts of the 72nd |
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Legislature, Regular Session, 1991, is amended to read as follows: |
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(3) "District" means the The Woodlands Road Utility |
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District No. 1[, of Montgomery County, Texas]. |
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SECTION 3. Sections 6(a) and (b), Chapter 816, Acts of the |
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72nd Legislature, Regular Session, 1991, are amended to read as |
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follows: |
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(a) The district has all of the rights, powers, privileges, |
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authority, duties, and functions conferred by the general law of |
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this state applicable to road utility districts created under |
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Article III, Section 52, of the Texas Constitution, including |
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Chapter 441, Transportation Code [13, Acts of the 68th Legislature,
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2nd Called Session, 1984 (Article 6674r-1, Vernon's Texas Civil
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Statutes)], to the extent those provisions can be made applicable. |
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If any provision of general law is in conflict or inconsistent with |
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this Act, this Act prevails. A provision of Chapter 441, |
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Transportation Code, granting the Texas Transportation Commission |
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jurisdiction over road utility district activities or projects does |
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not apply to the district. |
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(b) In addition to the rights, powers, privileges, |
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authority, and functions provided by Subsection (a) of this |
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section, the district may: |
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(1) add or exclude territory in the manner provided by |
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Subchapter H, Chapter 54, Water Code, and may define the boundaries |
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of the district by: |
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(A) metes and bounds; |
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(B) reference to property descriptions in |
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documents filed for record in the real property records of the |
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county or counties in which the district is located; or |
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(C) a combination of the methods described in |
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Paragraphs (A) and (B); |
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(2) contract with any person for the payment, |
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repayment, or reimbursement, out of bond proceeds or any other |
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specified source of funds, of any costs and reasonable carrying |
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costs incurred by that person for or on behalf of the district, |
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including the costs of constructing, acquiring, or improving a |
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district facility, notwithstanding that the facility may have been |
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conveyed to and accepted by the appropriate governmental entity |
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prior to the payment, repayment, or reimbursement; |
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(3) make application for and contract with any person |
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or entity to: receive, administer, and perform the district's |
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duties and obligations under any federal, state, local, or private |
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gift, grant, loan, conveyance, transfer, bequest, donation, or |
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other financial assistance arrangement relating to the |
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investigation, planning, analysis, study, design, acquisition, |
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construction, improvement, completion, implementation, or |
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operation by the district or others of a proposed or existing |
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district facility or other roadway, water borne, pedestrian |
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movement, or public transportation or conveyance system, facility, |
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or improvement contemplated or described by Article III, Section |
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52(b), of the Texas Constitution; and |
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(4) provide or secure the payment or repayment of the |
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district's costs or share of the costs by or through a contract or |
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agreement with any person, or the issuance of district bonds, the |
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levy of a maintenance tax, or the assessment of fees, in the manner |
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provided by general law. |
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SECTION 4. Chapter 816, Acts of the 72nd Legislature, |
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Regular Session, 1991, is amended by adding Section 6A to read as |
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follows: |
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Sec. 6A. ELIGIBILITY REQUIREMENTS FOR ELECTION JUDGES AND |
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CLERKS. Notwithstanding the requirements of Section 32.051, |
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Election Code, to be eligible to serve as a judge or clerk for a |
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district election, a person must be a qualified voter of either |
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Harris County or Montgomery County. |
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SECTION 5. Section 7, Chapter 816, Acts of the 72nd |
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Legislature, Regular Session, 1991, is amended by amending |
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Subsection (a) and adding Subsections (d) and (e) to read as |
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follows: |
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(a) Except as provided by Section 7A, the [The] district is |
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governed by a board of five directors. |
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(d) A majority of all directors, including vacant director |
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positions and absent directors, constitutes a quorum. |
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(e) A majority vote of all directors, including vacant |
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director positions and absent directors, is necessary to adopt any |
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motion or measure. |
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SECTION 6. Chapter 816, Acts of the 72nd Legislature, |
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Regular Session, 1991, is amended by adding Section 7A to read as |
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follows: |
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Sec. 7A. APPOINTED DIRECTORS. (a) The board, on its own |
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motion and by written resolution, may from time to time increase the |
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number of directors on the board to include a director appointed by |
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each governing body of one or more political subdivisions, other |
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than a school district or municipality, the boundaries of which |
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overlap more than 90 percent of the territory of the district. |
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(b) Notwithstanding any other law, or a common law or |
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judicial doctrine to the contrary, a political subdivision |
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described by Subsection (a) may appoint to the board a member of the |
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governing body of or an employee of that political subdivision. A |
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director described by this subsection shall serve without |
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compensation from the district and shall take and perform the |
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constitutional oath of office as a director of the district. |
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SECTION 7. Section 11(b), Chapter 816, Acts of the 72nd |
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Legislature, Regular Session, 1991, is amended to read as follows: |
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(b) If at any time there are fewer than the number of [three] |
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directors on the board necessary to constitute a quorum, the |
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commission shall, on petition of a person who owns land included in |
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the district, fill each vacancy for the unexpired term. |
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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, 2013. |