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AN ACT
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relating to the Calhoun County Groundwater Conservation District; |
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providing authority to impose a voter-approved tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a) and (b), Section 8860.022, |
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Special District Local Laws Code, are amended to read as follows: |
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(a) The [Not later than October 1, 2011, the] temporary |
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directors shall meet and shall order an election to be held in the |
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district not later than December 31, 2016 [September 1, 2012], to |
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confirm the creation of the district. |
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(b) The ballot for the election shall be printed to provide |
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for voting for or against the proposition: "The creation of the |
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Calhoun County Groundwater Conservation District." The ballot may |
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also include a provision to vote for or against [and] the district's |
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imposition of a tax not to exceed two cents on each $100 valuation |
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of taxable property in the district or a fee to pay the maintenance |
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and operating costs of the district.["] |
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SECTION 2. Section 8860.152, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 8860.152. LIMITATION ON TAXES [PROHIBITED]. The |
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district may not impose an ad valorem [a] tax at a rate that exceeds |
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two cents on each $100 valuation of taxable property in the |
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district, and any tax imposed under this section must first be |
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approved by the voters of the district at the election held to |
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confirm the creation of the district or at a separate election held |
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in accordance with Section 36.201 [does not have the authority
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granted by Sections 36.020 and 36.201-36.204], Water Code[,
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relating to taxes]. |
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SECTION 3. (a) The legislature validates and confirms all |
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governmental acts and proceedings of the Calhoun County |
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Commissioners Court relating to the appointment of temporary |
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directors of the Calhoun County Groundwater Conservation District |
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and of that district that were taken before the effective date of |
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this Act. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 4. (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 5. 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. |
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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. 1835 passed the Senate on |
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April 11, 2013, by the 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. 1835 passed the House on |
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May 20, 2013, by the following vote: Yeas 147, Nays 0, two |
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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 |