Texas 2013 - 83rd Regular

Texas House Bill HB1259 Compare Versions

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1	1	By: Keffer (Senate Sponsor - Duncan) H.B. No. 1259
2	2	(In the Senate - Received from the House April 22, 2013;
3	3	April 22, 2013, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 10, 2013, reported favorably by
5	5	the following vote: Yeas 5, Nays 0; May 10, 2013, sent to
6	6	printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the dissolution of the Cisco Hospital District;
12	12	authorizing the imposition of a tax.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 30, Acts of the 59th Legislature,
15	15	Regular Session, 1965, is amended by adding Section 7A to read as
16	16	follows:
17	17	Sec. 7A. (a) The District may be dissolved only on approval
18	18	of a majority of the voters of the District voting in an election
19	19	held for that purpose.
20	20	(b) The board of directors of the District may order an
21	21	election on the question of dissolving the District and disposing
22	22	of the assets and obligations of the District.
23	23	(c) The board of directors shall order an election if the
24	24	board receives a petition requesting an election that is signed by
25	25	at least 15 percent of the registered voters in the District.
26	26	(d) The order calling the election must state:
27	27	(1) the nature of the election, including the
28	28	proposition to appear on the ballot;
29	29	(2) the date of the election;
30	30	(3) the hours during which the polls will be open; and
31	31	(4) the location of the polling places.
32	32	(e) The board of directors shall give notice of an election
33	33	under this section by publishing once a week for two consecutive
34	34	weeks a substantial copy of the election order in a newspaper with
35	35	general circulation in the District.
36	36	(f) The first publication of the notice must appear not
37	37	later than the 35th day before the date set for the election.
38	38	(g) The ballot for an election under this section must be
39	39	printed to permit voting for or against the proposition: "The
40	40	dissolution of the Cisco Hospital District."
41	41	(h) If a majority of the votes in an election under this
42	42	section favor dissolution, the board of directors shall find that
43	43	the District is dissolved.
44	44	(i) If a majority of the votes in the election do not favor
45	45	dissolution, the board of directors shall continue to administer
46	46	the District and another election on the question of dissolution
47	47	may not be held before the first anniversary of the most recent
48	48	election to dissolve the District.
49	49	(j) If a majority of the votes in the election under this
50	50	section favor dissolution, the board of directors shall:
51	51	(1) transfer the land, buildings, improvements,
52	52	equipment, and other assets that belong to the District to Eastland
53	53	County or another governmental entity in Eastland County;
54	54	(2) sell the assets and liabilities to another person;
55	55	or
56	56	(3) administer the property, assets, and debts until
57	57	all money has been disposed of and all debts of the District have
58	58	been paid or settled.
59	59	(k) If the District makes the transfer under Subsection
60	60	(j)(1) of this section, the county or entity assumes all debts and
61	61	obligations of the District at the time of the transfer, and the
62	62	District is dissolved.
63	63	(l) If Subsections (j)(1) and (2) of this section do not
64	64	apply and the board of directors administers the property, assets,
65	65	and debts under Subsection (j)(3) of this section, the District is
66	66	dissolved when all money is disposed of and all District debts have
67	67	been paid or settled.
68	68	(m) The sale or transfer of the District's assets and
69	69	liabilities must satisfy the debt and bond obligations of the
70	70	District in a manner that protects the interests of the residents of
71	71	the District, including the residents' collective property rights
72	72	in the District's assets.
73	73	(n) The District may not transfer or dispose of the
74	74	District's assets except for due compensation unless:
75	75	(1) the transfer is made to a governmental agency that
76	76	serves the District; and
77	77	(2) the transferred assets are to be used for the
78	78	benefit of the residents of the District.
79	79	(o) After the board of directors finds that the District is
80	80	dissolved, the board shall:
81	81	(1) determine the debt owed by the District; and
82	82	(2) impose on the property included in the District's
83	83	tax rolls a tax that is in proportion of the debt to the property
84	84	value.
85	85	(p) On payment of all outstanding debts and obligations of
86	86	the District, the board of directors shall order the secretary to
87	87	return to each taxpayer of the District the taxpayer's pro rata
88	88	share of all unused tax money.
89	89	(q) A taxpayer may request that the taxpayer's share of
90	90	surplus tax money be credited to the taxpayer's county taxes. If a
91	91	taxpayer requests the credit, the board of directors shall direct
92	92	the secretary to transmit the money to the county tax
93	93	assessor-collector.
94	94	(r) After the District has paid all debts of the District
95	95	and has disposed of all money and other assets of the District as
96	96	prescribed by this section, the board of directors shall file a
97	97	written report with the Commissioners Court of Eastland County
98	98	summarizing the board's actions in dissolving the District.
99	99	(s) Not later than the 10th day after the date the
100	100	Commissioners Court of Eastland County receives the report and
101	101	determines that the requirements of this section have been
102	102	fulfilled, the commissioners court shall enter an order dissolving
103	103	the District and releasing the board of directors from any further
104	104	duty or obligation.
105	105	(t) If all positions on the board of directors of the
106	106	District are vacant, the county judge of Eastland County has all the
107	107	powers and duties otherwise provided by law to the board of
108	108	directors of the District.
109	109	SECTION 2. All proceedings, resolutions, orders, and other
110	110	acts or attempted acts of the board of directors of the Cisco
111	111	Hospital District relating to the intended dissolution of the
112	112	district and the sale or transfer of any district assets and
113	113	liabilities pursuant to the intended dissolution of the district
114	114	occurring before the effective date of this Act are validated in all
115	115	respects as of the dates they occurred and may not be held invalid
116	116	because they were not performed in accordance with law.
117	117	SECTION 3. This Act takes effect immediately if it receives
118	118	a vote of two-thirds of all the members elected to each house, as
119	119	provided by Section 39, Article III, Texas Constitution. If this
120	120	Act does not receive the vote necessary for immediate effect, this
121	121	Act takes effect September 1, 2013.
122	122	* * * * *