81R13992 JJT-D
By: Coleman H.B. No. 3484
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of special purpose districts and
related matters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Special purpose district" includes any special
district created by general or special law as a political
subdivision of this state, including:
(A) a conservation and reclamation district
created under Section 59, Article XVI, Texas Constitution;
(B) a road utility district or a district created
to manage water created under Section 52, Article III, Texas
Constitution;
(C) a hospital district created under Sections 4
through 11, Article IX, Texas Constitution;
(D) an airport authority created under Section
12, Article IX, Texas Constitution; and
(E) a municipal development district created
under Chapter 377, Local Government Code.
(2) "Internal district" includes any defined area as
designated by this state or a political subdivision of this state
for special treatment by this state or the political subdivision or
to accomplish a purpose of this state or the political subdivision
inside that defined area, including:
(A) a reinvestment zone for tax increment
financing or tax abatement as authorized under Chapter 311 or 312,
Tax Code, or other law;
(B) an enterprise zone authorized under Chapter
2303, Government Code;
(C) a defense economic readjustment zone
authorized under Chapter 2310, Government Code;
(D) an improvement district authorized under
Chapter 372, Local Government Code;
(E) an area designated for a community
development program under Chapter 373, Local Government Code;
(F) a homestead preservation district designated
or a homestead preservation reinvestment zone created under Chapter
373A, Local Government Code;
(G) an area designated as a blighted area under
Chapter 374, Local Government Code;
(H) a neighborhood empowerment zone created
under Chapter 378, Local Government Code;
(I) a North American Free Trade Agreement impact
zone created under Chapter 379, Local Government Code; and
(J) a defense base development authority
established under Chapter 379B, Local Government Code.
SECTION 2. COMMISSIONERS COURT OVERSIGHT. (a) A county
commissioners court has oversight authority over a special purpose
district or internal district created or operating inside the
county's boundaries.
(b) A special purpose district or internal district may not
be created inside a county's boundaries without giving the
commissioners court of the county:
(1) notice of the intention to create the special
purpose district or internal district;
(2) an opportunity to comment on the creation of the
special purpose district or internal district; and
(3) express oversight authority over the special
purpose district or internal district to the extent permitted by
the Texas Constitution.
(c) The boundaries of a special purpose district or internal
district may not be altered inside a county's boundaries without
giving the commissioners court of the county:
(1) notice of the intention to alter the boundaries;
and
(2) an opportunity to comment on the alteration.
(d) A special purpose district may not convert to a special
purpose district of another kind or consolidate with another
district without giving the commissioners court of the county:
(1) notice of the intention to convert or consolidate;
and
(2) an opportunity to comment on the conversion or
consolidation.
SECTION 3. POWERS AND DUTIES OF SPECIAL PURPOSE DISTRICTS,
INTERNAL DISTRICTS, OR POLITICAL SUBDIVISIONS. (a) A special
purpose district may be given authority to issue, amend, or revoke
permits under its jurisdiction and to enforce permit conditions.
(b) A county commissioners court may impose on a special
purpose district or internal district a duty to report to the court
regarding matters related to the jurisdiction or purpose of the
special purpose district or internal district.
(c) A special purpose district or a political subdivision
that creates or establishes an internal district may require a
utility to relocate utility facilities at the utility's expense to
facilitate the district or subdivision initiating or altering a
project in the right-of-way where the utility facilities are
located.
(d) Bonds to be issued by or on behalf of a special purpose
district or internal district are subject to the approval of a
county commissioners court.
(e) A special purpose district or internal district may
initiate recycling programs inside or outside of the boundaries of
the district.
(f) Peace officers may be employed by or on the behalf of a
special purpose district or internal district.
(g) To the extent provided by law, a special purpose
district or internal district may tax, make assessments against, or
impose fees on a person inside the boundaries of the special purpose
district or internal district to pay for purposes of the district.
(h) A special purpose district or internal district may
borrow money to finance purposes of the district.
(i) A special purpose district or internal district may
change the number or qualifications of the district's governing
body.
(j) A special purpose district or internal district may
alter its boundaries subject to Section 2(c) of this Act.
(k) A special purpose district or internal district may
contract with other persons to accomplish its purposes.
(l) As provided by law, a special purpose district may
convert into a special purpose district of another kind or
consolidate with another district, subject to Section 2(d) of this
Act.
(m) A special purpose district or internal district may
require of any person a report on a matter related to the purpose
for which the district is created. The report must be in the form
and include information as required by the district.
(n) A special purpose district or internal district may
adopt rules to ensure that the purposes for which the district is
created may be accomplished. A special purpose district may impose
penalties on a person who violates a rule of the district. An
internal district's rule may be enforced by the entity that created
the district.
SECTION 4. ENERGY MATTERS. (a) A special purpose district
or internal district, to the extent permissible by law, may engage
in activities to promote energy efficiency or the transmission of
electric energy inside the district's territory.
(b) A special purpose district or internal district shall
undertake programs to ensure that its activities are as energy
efficient as practicable.
(c) A special purpose district or internal district shall
undertake programs to educate the public regarding activities the
district takes regarding energy and energy efficiency. The
programs may also include educational efforts to promote energy
conservation or energy efficiency by the members of the public in
the district's territory.
SECTION 5. RECYCLING AND WASTE DISPOSAL. (a) A special
purpose district or internal district may establish recycling or
waste disposal programs that are consistent with the purpose for
which the district is created.
(b) A special purpose district or internal district shall
undertake programs to ensure that waste generated by the district's
activities is properly disposed of and, to the extent practicable,
recycled or reused.
SECTION 6. EFFECTIVE DATE. This Act takes effect September
1, 2009.