H.B. No. 4748

	AN ACT
	relating to the authority of the Williamson County Municipal
	Utility District No. 21 to extend the time limit for holding a
	confirmation and initial directors' election and to divide into two
	districts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 8132.003, Special District Local Laws
	Code, is amended to read as follows:
	Sec. 8132.003.  CONFIRMATION ELECTION REQUIRED. If the
	creation of the district is not confirmed at a confirmation
	election held under Section 8132.023 before September 1, 2013
	[2009]:
	(1)  the district is dissolved September 1, 2013
	[2009], except that:
	(A)  any debts incurred shall be paid;
	(B)  any assets that remain after the payment of
	debts shall be transferred to Williamson County; and
	(C)  the organization of the district shall be
	maintained until all debts are paid and remaining assets are
	transferred; and
	(2)  this chapter expires September 1, 2016 [2012].
	SECTION 2.  Section 8132.021, 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 initial directors are elected under
	Section 8132.023; or
	(2)  September 1, 2009 [the date this chapter expires
	under Section 8132.003].
	(e)  If initial directors have not been elected under Section
	8132.023 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 initial directors are elected under
	Section 8132.023; 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 Texas Commission on Environmental
	Quality 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 8132.025, Special District Local Laws
	Code, is amended to read as follows:
	Sec. 8132.025.  EXPIRATION OF SUBCHAPTER. This subchapter
	expires September 1, 2016 [2012].
	SECTION 4.  Chapter 8132, Special District Local Laws Code,
	is amended by adding Subchapter D to read as follows:
	SUBCHAPTER D.  ONE-TIME DIVISION OF DISTRICT
	Sec. 8132.151.  AUTHORITY TO DIVIDE DISTRICT. The district
	may be divided into two districts in accordance with this
	subchapter after the creation of the district has been confirmed at
	an election under Section 8132.023 if:
	(1)  the district does not have any outstanding debt
	secured by district taxes or revenue;
	(2)  the district has not annexed land or been divided;
	and
	(3)  each new district created by the division contains
	at least 100 acres.
	Sec. 8132.152.  DIVISION PROCEDURES. (a)  The board may
	consider a proposal to divide the district on its own motion or on
	receipt of a petition to that effect from a district landowner.
	(b)  The board may adopt a resolution to divide the district
	into two districts named Williamson County Municipal Utility
	District No. 21-A and Williamson County Municipal Utility District
	No. 21-B. The resolution must include:
	(1)  the names of and a metes and bounds description of
	the territory of the two new districts; and
	(2)  the terms and conditions of the division,
	including a plan that:
	(A)  ensures current obligations of the district
	are not impaired by providing for the payment or performance of any
	outstanding district obligations; and
	(B)  provides for the assumption of any district
	obligations under an agreement with or resolution adopted by a
	municipality having jurisdiction over the creation of the district
	consenting to the creation of the district, to the extent that the
	agreement or resolution:
	(i)  is applicable;
	(ii)  is not contrary to any other law or
	provision of this chapter; and
	(iii)  does not impose obligations that
	limit the district's powers and authority to issue bonds for any
	purpose authorized under this chapter.
	(c)  Not later than the 30th day after the date the board
	adopts a resolution dividing the district, the board shall provide
	a copy of the resolution and the names of the temporary directors of
	the new districts to:
	(1)  the Texas Commission on Environmental Quality;
	(2)  the attorney general;
	(3)  the Commissioners Court of Williamson County; and
	(4)  any municipality having extraterritorial
	jurisdiction over land in the original district.
	Sec. 8132.153.  GOVERNING NEW DISTRICTS. (a) The new
	districts are separate districts and shall be governed as separate
	districts.
	(b)  Until the 91st day after the date the board adopts a
	resolution dividing the district, the board shall continue to act
	on behalf of the district to wind up the affairs of the district.
	(c)  The district directors shall act as temporary directors
	of one of the new districts and shall appoint five individuals to
	serve as temporary directors of the other new district. A temporary
	director is not required to own land in either of the new districts.
	A temporary director shall qualify for and assume office not later
	than the 90th day after the date the board adopts a resolution
	dividing the district.
	(d)  Temporary directors of a new district serve until the
	new district elects initial permanent directors. The election of
	directors for each new district shall be held on the next uniform
	election date in May of an even-numbered year after the date the
	temporary directors take office that allows sufficient time to
	comply with the requirements of other law.
	(e)  The initial permanent directors elected at an election
	held under Subsection (d) serve staggered terms determined in the
	manner provided for directors of the original district under
	Section 8132.024.
	Sec. 8132.154.  POWERS AND DUTIES OF NEW DISTRICTS.  (a)
	Except as provided by Subsection (b), each new district created
	under this subchapter has the powers and duties of the original
	district under this chapter, including the powers and duties under
	general law applicable to municipal utility districts that relate
	to the imposition of a tax or the issuance of bonds.
	(b)  A new district does not have the power to divide into new
	districts.
	(c)  A new district shall pay its proportionate share of any
	obligations of the original district in accordance with the
	resolution dividing the district.  The new districts may pay debts
	of the original district from district contributions or from the
	proceeds resulting from the imposition of a tax, assessments on the
	land in the district, or district revenue.
	(d)  A new district may contract with the other new district
	for the provision of water or wastewater or regarding any other
	matter the boards of directors of the districts consider
	appropriate.
	SECTION 5.  (a)  The legal notice of the intention to
	introduce this Act, setting forth the general substance of this
	Act, has been published as provided by law, and the notice and a
	copy of this Act have been furnished to all persons, agencies,
	officials, or entities to which they are required to be furnished
	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
	Government Code.
	(b)  The governor, one of the required recipients, has
	submitted the notice and Act to the Texas Commission on
	Environmental Quality.
	(c)  The Texas Commission on Environmental Quality has filed
	its recommendations relating to this Act with the governor, the
	lieutenant governor, and the speaker of the house of
	representatives within the required time.
	(d)  All requirements of the constitution and laws of this
	state and the rules and procedures of the legislature with respect
	to the notice, introduction, and passage of this Act are fulfilled
	and accomplished.
	SECTION 6.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2009.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 4748 was passed by the House on May 5,
	2009, by the following vote:  Yeas 144, Nays 0, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 4748 was passed by the Senate on May
	26, 2009, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor