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A BILL TO BE ENTITLED
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AN ACT
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relating to the organization of a municipal government as a Liberty |
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City general-law municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.005, Local Government Code, is amended |
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by amending Subdivision (1) and adding Subdivision (2-a) to read as |
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follows: |
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(1) "General-law municipality" means a municipality |
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designated by Chapter 5 as a Type A general-law municipality, Type B |
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general-law municipality, [or] Type C general-law municipality, or |
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Liberty City. |
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(2-a) "Liberty City" means a municipality designated by |
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Chapter 5 as a Liberty City general-law municipality. |
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SECTION 2. Subchapter A, Chapter 5, Local Government Code, |
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is amended by adding Section 5.006 to read as follows: |
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Sec. 5.006. LIBERTY CITY. A municipality is a Liberty City |
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general-law municipality if the municipality: |
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(1) has incorporated as or converted to a Liberty City |
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under Chapter 10; and |
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(2) has not converted to another type of municipality. |
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SECTION 3. Subtitle A, Title 2, Local Government Code, is |
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amended by adding Chapter 10 to read as follows: |
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CHAPTER 10. LIBERTY CITY |
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SUBCHAPTER A. INCORPORATION OF LIBERTY CITY |
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Sec. 10.001. AUTHORITY TO INCORPORATE AS LIBERTY CITY. (a) |
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A community may incorporate as a Liberty City if the community: |
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(1) constitutes an unincorporated city or town; |
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(2) contains 200 or more inhabitants; and |
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(3) meets the territorial requirements prescribed by |
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Section 5.901. |
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(b) Notwithstanding Section 42.041, a community located |
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wholly or partly in the extraterritorial jurisdiction of a |
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municipality may incorporate as a Liberty City in that |
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extraterritorial jurisdiction if: |
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(1) the residents of the community submit with the |
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application for incorporation a petition consenting to the |
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incorporation signed by a number of registered voters of the |
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municipality equal to or greater than 25 percent of the number of |
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voters who voted in the most recent municipal election; and |
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(2) the procedural requirements prescribed by |
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Subchapter A, Chapter 8, and Section 10.002 are satisfied. |
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Sec. 10.002. INCORPORATION PROCEDURES. (a) Except as |
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provided by this section, the procedures for incorporating as a |
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Liberty City are the same as those prescribed for incorporating as a |
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Type C general-law municipality. |
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(b) In addition to the requirements prescribed by |
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Subchapter A, Chapter 8, a petition to incorporate as a Liberty City |
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must: |
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(1) state whether the municipality will operate under |
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an aldermanic or commission form of government; |
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(2) state the number of members, including the mayor, |
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who will comprise the governing body of the municipality; and |
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(3) include the petition consenting to incorporation |
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described by Section 10.001(b)(1) if the community is incorporating |
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in the extraterritorial jurisdiction of a municipality. |
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SUBCHAPTER B. CONVERSION FROM ANOTHER MUNICIPAL TYPE TO LIBERTY |
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CITY |
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Sec. 10.021. AUTHORITY TO CONVERT TO LIBERTY CITY. A Type |
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A, Type B, or Type C general-law municipality containing 200 or more |
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residents may convert to a Liberty City. |
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Sec. 10.022. RESOLUTION OR PETITION REQUESTING CONVERSION. |
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(a) The majority of the governing body of a municipality by |
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resolution may request the mayor to order an election to determine |
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whether the municipality will convert to a Liberty City. |
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(b) The residents of a municipality may request the mayor to |
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order an election to determine whether the municipality will |
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convert to a Liberty City by filing with the mayor a written |
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petition requesting the election signed by a number of registered |
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voters of the municipality equal to or greater than 25 percent of |
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the number of voters who voted in the most recent municipal |
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election. |
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(c) A resolution or petition described by this section must |
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state: |
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(1) whether the municipality, if converted, will |
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operate under an aldermanic or commission form of government; and |
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(2) the number of members, including the mayor, who |
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will comprise the governing body of the municipality, if converted. |
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(d) On receipt of a petition under this section, the mayor |
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shall determine whether the petition meets the requirements of |
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Subsections (b) and (c). |
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Sec. 10.023. ELECTION TO CONVERT. The mayor of a |
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municipality shall order an election to determine whether the |
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municipality will convert to a Liberty City if: |
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(1) a resolution is adopted that meets the |
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requirements of Sections 10.022(a) and (c); or |
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(2) a petition is filed with and determined valid by |
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the mayor under Sections 10.022(b) and (d). |
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Sec. 10.024. ORDER OF CONVERSION. If the conversion is |
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approved by a vote of a majority of the qualified voters of the |
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municipality voting at an election ordered under this subchapter, |
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the mayor shall enter an order in the minutes of the governing body |
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of the municipality that the municipality is converted to a Liberty |
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City. The conversion is effective on the date the order is entered. |
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SUBCHAPTER C. BILL OF RIGHTS |
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Sec. 10.041. BILL OF RIGHTS. A Liberty City is bound by the |
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following bill of rights on the date the municipality is |
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incorporated as or converted to a Liberty City: |
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BILL OF RIGHTS OF A LIBERTY CITY |
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Article 1. The residents and governing body of a Liberty City |
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recognize the fundamental natural rights of the people as protected |
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and preserved by the United States Constitution and the Texas |
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Constitution. The governing body of this Liberty City shall not |
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enact an ordinance, resolution, or similar measure, or take any |
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action, that infringes on the basic absolute and essential rights |
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of the people. |
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Article 2. The right of the people to bear arms shall not be |
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infringed. |
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Article 3. The right of the people to freedom of speech, |
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including political and nonpolitical expression, and of assembly |
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shall not be infringed. |
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Article 4. The right of the people to practice the faith of |
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their choosing and to worship in both public and private places |
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shall not be infringed. |
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Article 5. The right of the people to be secure in their |
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persons and their property from unreasonable searches, including |
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the collection of data, surveillance, and forceful search methods, |
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conducted by an officer of the municipality without warrant, shall |
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not be infringed. |
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Article 6. The rule of lenity is to be enforced in all |
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applicable municipal proceedings. |
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SECTION 4. Subtitle B, Title 2, Local Government Code, is |
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amended by adding Chapter 27 to read as follows: |
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CHAPTER 27. FORM OF GOVERNMENT IN LIBERTY CITY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 27.001. CHAPTER APPLICABLE TO LIBERTY CITY. This |
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chapter applies only to a Liberty City. |
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SUBCHAPTER B. FORM OF GOVERNMENT |
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Sec. 27.011. FORM OF GOVERNMENT. The municipality operates |
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under the aldermanic or commission form of government, as |
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determined by the voters when the municipality is incorporated as |
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or converted to a Liberty City. |
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SUBCHAPTER C. GOVERNING BODY |
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Sec. 27.021. GOVERNING BODY. The governing body of the |
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municipality is comprised of the mayor and the number of |
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commissioners or aldermen, as applicable, established at the |
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election to incorporate as or convert to a Liberty City. |
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Sec. 27.022. INITIAL ELECTION OF GOVERNING BODY. The |
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initial governing body of the municipality, including the mayor, |
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must be elected at the election to incorporate as or convert to a |
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Liberty City. |
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Sec. 27.023. TERM OF OFFICE. The mayor and members of the |
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governing body of the municipality serve for a term of two years |
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unless a longer term is established as authorized under Article XI, |
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Section 11, of the Texas Constitution. |
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Sec. 27.024. BOND. The mayor and members of the governing |
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body of the municipality must each execute a bond payable to the |
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municipality and conditioned that the officer will faithfully |
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perform the duties of the office. |
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SUBCHAPTER D. MUNICIPAL OFFICERS |
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Sec. 27.041. CREATION OF MUNICIPAL OFFICES. The governing |
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body of the municipality may: |
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(1) create additional offices of the municipality; |
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(2) determine the method for selecting officers; and |
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(3) prescribe the qualifications, duties, and tenure |
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of office for officers. |
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Sec. 27.042. BOND. The governing body of the municipality |
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may require a municipal officer to execute a bond payable to the |
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municipality and conditioned that the officer will faithfully |
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perform the duties of the office. |
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SECTION 5. Subchapter B, Chapter 43, Local Government Code, |
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is amended by adding Section 43.037 to read as follows: |
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Sec. 43.037. AUTHORITY OF LIBERTY CITY TO ANNEX AREA. (a) |
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Notwithstanding any other law, a Liberty City may annex an area |
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under this chapter only if: |
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(1) the municipality holds an election in the |
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municipality, at which the qualified voters of the municipality may |
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vote on the question of the annexation, and a majority of the votes |
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received at the election approve the annexation; and |
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(2) one of the following conditions is met: |
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(A) the municipality holds an election in the |
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area proposed to be annexed, at which the qualified voters of the |
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area may vote on the question of the annexation, and a majority of |
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the votes received at the election approve the annexation; |
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(B) a majority of the registered voters of the |
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area proposed to be annexed petition the governing body of the |
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municipality, in writing, to annex the area; or |
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(C) no qualified voters reside in the area |
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proposed to be annexed. |
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(b) On the effective date of an annexation ordinance, the |
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area becomes a part of the municipality and a resident of the area |
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is entitled to the rights and privileges of a resident of the |
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municipality and is bound by the acts and ordinances adopted by the |
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municipality. |
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SECTION 6. Chapter 51, Local Government Code, is amended by |
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adding Subchapter F to read as follows: |
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SUBCHAPTER F. PROVISIONS APPLICABLE TO LIBERTY CITY |
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Sec. 51.091. SUBCHAPTER APPLICABLE TO LIBERTY CITY. This |
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subchapter applies only to a Liberty City. |
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Sec. 51.092. AUTHORITY, DUTIES, AND PRIVILEGES. The |
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municipality has the same authority, duties, and privileges as a |
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Type A general-law municipality that are not inconsistent with this |
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subchapter or another provision of law specifically governing a |
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Liberty City. |
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Sec. 51.093. AUTHORITY TO IMPOSE PROPERTY TAX. The |
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municipality may not impose a tax on real or personal property or |
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increase the rate of an adopted tax on real or personal property |
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unless the imposition or increase is approved by at least 60 percent |
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of the qualified voters of the municipality voting at an election |
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held for that purpose. |
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Sec. 51.094. AUTHORITY TO ISSUE PUBLIC DEBT; ELECTION. (a) |
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In this section, "debt obligation" means a public security, as |
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defined by Section 1201.002, Government Code. |
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(b) The municipality may not issue bonds, certificates of |
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obligation, or other debt obligations unless the issuance is |
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approved by a vote of a majority of the qualified voters of the |
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municipality voting at an election held for that purpose. |
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Sec. 51.095. PROHIBITION ON ADOPTION AND ENFORCEMENT OF |
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ZONING ORDINANCE OR COMPREHENSIVE PLAN. The municipality may not |
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adopt or enforce: |
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(1) a zoning ordinance or regulation; or |
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(2) a comprehensive plan that provides for the |
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long-range development of the municipality. |
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SECTION 7. Section 102.002, Local Government Code, is |
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amended to read as follows: |
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Sec. 102.002. ANNUAL BUDGET REQUIRED. The budget officer |
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shall prepare each year a municipal budget to cover the proposed |
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expenditures of the municipal government for the succeeding year. |
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A municipal budget prepared by the budget officer for a Liberty City |
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must be a zero-based budget. |
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SECTION 8. Section 102.003, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) The budget officer shall itemize the budget to allow as |
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clear a comparison as practicable between expenditures included in |
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the proposed budget and actual expenditures for the same or similar |
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purposes made for the preceding year. The budget of a municipality |
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other than a Liberty City must show as definitely as possible each |
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of the projects for which expenditures are set up in the budget and |
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the estimated amount of money carried in the budget for each |
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project. |
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(c) The budget officer of a Liberty City shall prepare a |
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zero-based budget that contains: |
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(1) a description of the discrete activities the |
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municipality conducts or performs with: |
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(A) a justification for each activity by |
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reference to a statute, ordinance, or other legal authority; and |
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(B) an evaluation of the effectiveness and |
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efficiency of the municipality's policies, management, fiscal |
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affairs, and operations in relation to each activity; |
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(2) for each activity identified under Subdivision |
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(1), an itemized account of expenditures required to maintain the |
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activity at any minimum level of service required by statute, |
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ordinance, or other legal authority; |
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(3) for each activity identified under Subdivision |
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(1), an itemized account of expenditures required to maintain the |
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activity at the current level of service or performance; and |
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(4) recommendations to the governing body of the |
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municipality regarding whether the municipality should continue |
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funding each activity identified under Subdivision (1) and, if so, |
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at what level. |
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SECTION 9. Subtitle A, Title 4, Local Government Code, is |
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amended by adding Chapter 110 to read as follows: |
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CHAPTER 110. MISCELLANEOUS FINANCIAL PROVISIONS AFFECTING |
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MUNICIPALITIES |
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Sec. 110.001. LIBERTY CITY ANNUAL FINANCIAL REPORT; DEBT |
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INFORMATION. (a) In this section, "debt obligation" means an |
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issued public security, as defined by Section 1201.002, Government |
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Code. |
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(b) The governing body of a Liberty City shall prepare a |
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comprehensive annual financial report that includes: |
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(1) financial information for each fund subject to the |
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authority of the governing body of the municipality during the |
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fiscal year, including: |
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(A) the total receipts of the fund, itemized by |
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source of revenue, including taxes, assessments, service charges, |
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grants of state money, gifts, or other general sources from which |
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funds are derived; |
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(B) the total disbursements of the fund, itemized |
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by the nature of the expenditure; |
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(C) the balance in the fund as of the last day of |
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the fiscal year; and |
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(D) any other information required by law to be |
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included by the municipality in an annual financial report or |
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comparable annual financial statement, exhibit, or report; and |
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(2) then-current debt obligation information for the |
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municipality that must state: |
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(A) the principal of all outstanding debt |
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obligations; |
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(B) the principal of each outstanding debt |
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obligation; |
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(C) the combined principal and interest required |
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to pay all outstanding debt obligations on time and in full; and |
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(D) the combined principal and interest required |
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to pay each outstanding debt obligation on time and in full. |
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Sec. 110.002. LIBERTY CITY WEBSITE; TRANSPARENCY WEB PAGE. |
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(a) This section applies only to a Liberty City. |
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(b) The municipality shall maintain an Internet website. |
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(c) The municipality shall maintain on the municipality's |
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Internet website a web page dedicated to providing transparency to |
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the residents of the municipality of the activities of the |
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municipality. The municipality shall post the following municipal |
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information and documents on the web page as soon as the information |
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or document is available: |
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(1) the current contact information for each elected |
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municipal official; |
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(2) a link to another web page maintained by the |
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municipality allowing a person to submit an electronic request for |
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information under Chapter 552, Government Code; |
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(3) the notice, agenda, and minutes for each meeting |
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of the governing body of the municipality; |
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(4) the approved municipal budget and the information |
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required to be posted online by Section 102.008(a)(2); |
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(5) the comprehensive municipal annual financial |
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report; |
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(6) the annual audit of municipal records and |
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accounts; |
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(7) a statement of the budget and expenses for each |
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municipal department; |
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(8) the current municipal tax rates for all taxes |
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imposed by the municipality; and |
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(9) any other document or information that the |
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governing body of the municipality considers appropriate to be |
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posted on the web page. |
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(d) The municipality may not remove a document required to |
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be posted under Subsection (c) from the transparency web page until |
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the third anniversary of the date the document is posted. |
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(e) The requirements prescribed by this section are in |
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addition to any other requirement prescribed by law. |
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SECTION 10. Section 271.043(7), Local Government Code, is |
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amended to read as follows: |
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(7) "Issuer" means a municipality, county, or hospital |
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district established under Chapter 281, Health and Safety Code. The |
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term does not include a Liberty City. |
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SECTION 11. Chapter 1251, Government Code, is amended by |
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designating Sections 1251.001, 1251.002, 1251.003, 1251.004, |
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1251.005, and 1251.006 as Subchapter A and adding a subchapter |
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heading to read as follows: |
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SUBCHAPTER A. BOND ELECTION REQUIREMENTS FOR COUNTIES AND |
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MUNICIPALITIES |
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SECTION 12. Chapter 1251, Government Code, is amended by |
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adding Subchapter B to read as follows: |
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SUBCHAPTER B. DEBT ELECTION BALLOTS FOR LIBERTY CITIES |
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Sec. 1251.051. DEFINITIONS. In this subchapter: |
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(1) "Liberty City" has the meaning assigned by Section |
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1.005, Local Government Code. |
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(2) "Public security" has the meaning assigned by |
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Section 1201.002. |
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Sec. 1251.052. CONTENTS OF BALLOT PROPOSITION. (a) The |
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proposition submitted for an election to authorize a Liberty City |
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to issue a public security must distinctly state: |
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(1) as a total amount and as a per capita amount: |
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(A) the then-current combined principal and |
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interest required to pay all outstanding public securities of the |
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municipality on time and in full; and |
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(B) the estimated combined principal and |
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interest required to pay the public security to be authorized on |
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time and in full; and |
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(2) if the public security is supported by property |
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taxes, the annual increase in property taxes attributable to the |
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public security to be issued that each homeowner of an |
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average-priced home within the municipality may be required to pay. |
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(b) The requirements for a proposition prescribed by this |
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section are in addition to any other requirements prescribed by |
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law. To the extent of a conflict between this section and Section |
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52.072, Election Code, this section controls. |
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SECTION 13. This Act takes effect September 1, 2015. |