Texas 2009 - 81st Regular

Texas House Bill HB3009 Compare Versions

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1	1	H.B. No. 3009
2	2
3	3
4	4	AN ACT
5	5	relating to the authority of municipal management districts to
6	6	consolidate.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 375, Local Government Code, is amended
9	9	by adding Subchapter P to read as follows:
10	10	SUBCHAPTER P. CONSOLIDATION OF DISTRICTS
11	11	Sec. 375.351. CONSOLIDATION OF DISTRICTS. (a) Two or more
12	12	districts may consolidate into one district under this subchapter
13	13	if none of the districts to be consolidated has issued bonds or
14	14	notes secured by assessments or ad valorem taxes, or has levied
15	15	taxes.
16	16	(b) To initiate a consolidation, the board of a district
17	17	shall adopt a resolution proposing a consolidation and deliver a
18	18	copy of the resolution to the board of each district with which
19	19	consolidation is proposed.
20	20	(c) A consolidation under this subchapter occurs if the
21	21	board of each involved district adopts a resolution containing the
22	22	terms and conditions for the consolidation.
23	23	Sec. 375.352. TERMS AND CONDITIONS FOR CONSOLIDATION. (a)
24	24	The terms and conditions for consolidation must include:
25	25	(1) adoption of a name for the consolidated district;
26	26	(2) the number and apportionment of directors to serve
27	27	on the board of the consolidated district;
28	28	(3) the effective date of the consolidation;
29	29	(4) an agreement on finances for the consolidated
30	30	district, including disposition of funds, property, and other
31	31	assets of each district; and
32	32	(5) an agreement on governing the districts during the
33	33	transition period, including selection of officers.
34	34	(b) The terms and conditions for consolidation may include
35	35	any terms or conditions to which the board of each district agrees.
36	36	Sec. 375.353. NOTICE AND HEARING ON CONSOLIDATION. (a)
37	37	Each district's board shall publish notice and hold a public
38	38	hearing in its district regarding the terms and conditions for
39	39	consolidation of the districts.
40	40	(b) Notice of the hearing must be published one time in a
41	41	newspaper of general circulation in the area of each district at
42	42	least seven days before the date of the hearing.
43	43	(c) After the hearing, the board by resolution may approve
44	44	the terms and conditions for consolidation and enter an order
45	45	consolidating the districts.
46	46	Sec. 375.354. GOVERNING CONSOLIDATED DISTRICTS. (a) After
47	47	two or more districts are consolidated, they become one district
48	48	and are governed as one district.
49	49	(b) During the transition period, the officers of each
50	50	district shall continue to act jointly as officers of the original
51	51	districts to settle the affairs of their respective districts.
52	52	(c) The consolidated district may exercise the powers of the
53	53	districts being consolidate within the respective boundaries of the
54	54	original districts. For land annexed into the consolidated
55	55	district, the consolidated district may exercise any of the powers
56	56	of the original districts.
57	57	Sec. 375.355. DEBTS OF ORIGINAL DISTRICTS. (a) After two
58	58	or more districts are consolidated, the consolidated district shall
59	59	protect the debts of the original districts and shall assure that
60	60	the debts are not impaired. If the consolidated district has taxing
61	61	authority, the debts may be paid by taxes levied on the land in the
62	62	original districts as if they had not consolidated or from
63	63	contributions from the consolidated district on terms stated in the
64	64	consolidation agreement.
65	65	(b) If the consolidated district has taxing authority and
66	66	assumes the bonds, notes, and other obligations of the original
67	67	districts, taxes may be levied uniformly on all taxable property
68	68	within the consolidated district to pay the debts.
69	69	Sec. 375.356. ASSESSMENT AND COLLECTION OF TAXES. If the
70	70	consolidated district has taxing authority, the district shall
71	71	assess and collect taxes on all property in the district uniformly,
72	72	for maintenance and operation of the district.
73	73	Sec. 375.357. FILING OF ORDER WITH COUNTY CLERK AND
74	74	EXECUTIVE DIRECTOR. A consolidation order issued by the board
75	75	shall be kept in the records of the consolidated district, recorded
76	76	in the office of the county clerk in each of the counties in the
77	77	consolidated district, and filed with the executive director of the
78	78	commission.
79	79	SECTION 2. This Act takes effect immediately if it receives
80	80	a vote of two-thirds of all the members elected to each house, as
81	81	provided by Section 39, Article III, Texas Constitution. If this
82	82	Act does not receive the vote necessary for immediate effect, this
83	83	Act takes effect September 1, 2009.
84	84	______________________________ ______________________________
85	85	President of the Senate Speaker of the House
86	86	I certify that H.B. No. 3009 was passed by the House on May 5,
87	87	2009, by the following vote: Yeas 144, Nays 0, 1 present, not
88	88	voting; and that the House concurred in Senate amendments to H.B.
89	89	No. 3009 on May 29, 2009, by the following vote: Yeas 142, Nays 0,
90	90	1 present, not voting.
91	91	______________________________
92	92	Chief Clerk of the House
93	93	I certify that H.B. No. 3009 was passed by the Senate, with
94	94	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
95	95	0.
96	96	______________________________
97	97	Secretary of the Senate
98	98	APPROVED: __________________
99	99	Date
100	100	__________________
101	101	Governor