By:
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Weber H.B.
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No.
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4104A BILL TO BE ENTITLEDAN ACTrelating to the creation of the Brazoria County Municipal UtilityDistrict No. 65; providing authority to impose a tax and issuebonds; granting a limited power of eminent domain.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTION
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1.
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Subtitle F, Title 6, Special District Local LawsCode, is amended by adding Chapter 8357 to read as follows:CHAPTER
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8357. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 65SUBCHAPTER A. GENERAL PROVISIONSSec.
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8357.001.
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DEFINITIONS. In this chapter:(1)
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"Board" means the district
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s board of directors.(2)
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"Director" means a board member.(3)
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"District" means the Brazoria County MunicipalUtility District No. 65.Sec.
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8357.002.
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NATURE OF DISTRICT. The district is amunicipal utility district created under Section 59, Article XVI,Texas Constitution.Sec.
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8357.003.
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CONFIRMATION AND DIRECTORS
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ELECTIONREQUIRED. The temporary directors shall hold an election toconfirm the creation of the district and to elect five permanentdirectors as provided by Section 49.102, Water Code.Sec.
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8357.004.
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CONSENT OF MUNICIPALITY REQUIRED. Thetemporary directors may not hold an election under Section 8357.003until each municipality in whose corporate limits or123456789101112131415161718192021222324
81R11248 PMO-F
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extraterritorial jurisdiction the district is located hasconsented by ordinance or resolution to the creation of thedistrict and to the inclusion of land in the district.Sec.
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8357.005.
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FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)The district is created to serve a public purpose and benefit.(b)
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The district is created to accomplish the purposes of:(1)
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a municipal utility district as provided bygeneral law and Section 59, Article XVI, Texas Constitution; and(2)
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Section 52, Article III, Texas Constitution, thatrelate to the construction, acquisition, or improvement ofmacadamized, graveled, or paved roads described by Section 54.234,Water Code, or improvements, including storm drainage, in aid ofthose roads.Sec.
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8357.006.
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INITIAL DISTRICT TERRITORY. (a) Thedistrict is initially composed of the territory described bySection 2 of the Act creating this chapter.(b)
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The boundaries and field notes contained in Section 2 ofthe Act creating this chapter form a closure. A mistake made in thefield notes or in copying the field notes in the legislative processdoes not affect the district
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s:(1)
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organization, existence, or validity;(2)
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right to issue any type of bond for the purposesfor which the district is created or to pay the principal of andinterest on a bond;(3)
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right to impose a tax; or(4)
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legality or operation.[Sections 8357.007-8357.050 reserved for expansion]123456789101112131415161718192021222324252627H.B.
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SUBCHAPTER B. BOARD OF DIRECTORSSec.
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8357.051.
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GOVERNING BODY; TERMS. (a) The district isgoverned by a board of five elected directors.(b)
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Except as provided by Section 8357.052, directors servestaggered four-year terms.Sec.
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8357.052.
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TEMPORARY DIRECTORS. (a) On or after theeffective date of the Act creating this chapter, the owner or ownersof a majority of the assessed value of the real property in thedistrict may submit a petition to the Texas Commission onEnvironmental Quality requesting that the commission appoint astemporary directors the five persons named in the petition. Thecommission shall appoint as temporary directors the five personsnamed in the petition.(b)
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Temporary directors serve until the earlier of:(1)
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the date permanent directors are elected underSection 8357.003; or(2)
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the fourth anniversary of the effective date ofthe Act creating this chapter.(c)
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If permanent directors have not been elected underSection 8357.003 and the terms of the temporary directors haveexpired, successor temporary directors shall be appointed orreappointed as provided by Subsection (d) to serve terms thatexpire on the earlier of:(1)
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the date permanent directors are elected underSection 8357.003; or(2)
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the fourth anniversary of the date of theappointment or reappointment.123456789101112131415161718192021222324252627H.B.
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