Bill Exempts Johnson County Utility District From Two Bond Rules

The text as introduced · 569 words

89R10718 SCR-D

By: Kerwin
H.B. No. 5671

A BILL TO BE ENTITLED

AN ACT

relating to the election of directors for and the authority to issue

bonds of the Johnson County Special Utility District.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 7216, Special District

Local Laws Code, is amended by adding Sections 7216.052 and

7216.053 to read as follows:

Sec. 7216.052. DIRECTOR ELIGIBILITY. To be eligible to be

listed on the ballot as a candidate for or to serve as a director, a

person must be:

(1) a qualified voter;

(2) a retail water or sewer service customer of the

district; and

(3) an owner of:

(A) land receiving services from the district; or

(B) a beneficial interest in a trust that owns

land receiving services from the district.

Sec. 7216.053. ELECTION OF DIRECTORS FROM SINGLE-MEMBER

DISTRICTS. (a) The board by rule may provide for the election of

some or all of the directors from single-member districts.

(b) In addition to requirements of Section 7216.052, if the

board provides for the election of some or all of the directors from

single-member districts, to be eligible to be listed on the ballot

as a candidate for or to serve as a director from a single-member

district, a person must be a resident of that district.

SECTION 2. Section 7216.101, Special District Local Laws

Code, is amended to read as follows:

Sec. 7216.101. SPECIAL UTILITY DISTRICT POWERS. The

[ Except as specifically limited by Section 7216.102, the ] district

has all of the rights, powers, privileges, authority, functions,

and duties provided by general law applicable to a special utility

district created under Section 59, Article XVI, Texas Constitution,

including those provided by Chapters 49 and 65, Water Code.

SECTION 3. Subchapter D, Chapter 7216, Special District

Local Laws Code, is amended by adding Section 7216.152 to read as

follows:

Sec. 7216.152. AUTHORITY TO ISSUE BONDS. (a) The district

has the rights, powers, duties, and obligations of an issuer under

Chapter 1371, Government Code.

(b) Sections 49.181 and 49.182, Water Code, do not apply to

the district.

SECTION 4. Section 7216.102, Special District Local Laws

Code, is repealed.

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, 2025.