Texas 2013 - 83rd Regular

Texas House Bill HB2118 Compare Versions

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1	1	By: King of Taylor (Senate Sponsor - Duncan) H.B. No. 2118
2	2	(In the Senate - Received from the House May 9, 2013;
3	3	May 9, 2013, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 16, 2013, reported favorably by
5	5	the following vote: Yeas 4, Nays 0; May 16, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to procedures for the dissolution of the Hamlin Hospital
11	11	District; authorizing the imposition of a tax.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 1037, Special District Local Laws Code,
14	14	is amended by adding Subchapter G to read as follows:
15	15	SUBCHAPTER G. DISSOLUTION
16	16	Sec. 1037.301. DISSOLUTION; ELECTION. (a) The district
17	17	may be dissolved only on approval of a majority of the district
18	18	voters voting in an election held for that purpose.
19	19	(b) The board may order an election on the question of
20	20	dissolving the district and disposing of the district's assets and
21	21	obligations.
22	22	(c) The board shall order an election if the board receives
23	23	a petition requesting an election that is signed by at least 15
24	24	percent of the registered voters in the district.
25	25	(d) The election must be ordered in accordance with Section
26	26	3.005, Election Code. 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	Sec. 1037.302. NOTICE OF ELECTION. (a) The board shall
33	33	give notice of an election under this subchapter by publishing once
34	34	a week for two consecutive weeks a substantial copy of the election
35	35	order in a newspaper with general circulation in the district.
36	36	(b) 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	Sec. 1037.303. BALLOT. The ballot for an election under
39	39	this subchapter must be printed to permit voting for or against the
40	40	proposition: "The dissolution of the Hamlin Hospital District."
41	41	Sec. 1037.304. ELECTION RESULTS. (a) If a majority of the
42	42	votes in an election under this subchapter favor dissolution, the
43	43	board shall find that the district is dissolved.
44	44	(b) If a majority of the votes in the election do not favor
45	45	dissolution, the board shall continue to administer the district
46	46	and another election on the question of dissolution may not be held
47	47	before the first anniversary of the date of the most recent election
48	48	to dissolve the district.
49	49	Sec. 1037.305. TRANSFER, SALE, OR ADMINISTRATION OF ASSETS.
50	50	(a) If a majority of the votes in an election held under this
51	51	subchapter favor dissolution, the board shall:
52	52	(1) transfer the land, buildings, improvements,
53	53	equipment, and other assets that belong to the district to Jones
54	54	County or another governmental entity in Jones County;
55	55	(2) sell the assets and liabilities to another person;
56	56	or
57	57	(3) administer the property, assets, and debts until
58	58	all money has been disposed of and all district debts have been paid
59	59	or settled.
60	60	(b) If the board makes the transfer under Subsection (a)(1),
61	61	the county or entity assumes all debts and obligations of the
62	62	district at the time of the transfer, and the district is dissolved.
63	63	(c) If Subsections (a)(1) and (2) do not apply and the board
64	64	administers the property, assets, and debts of the district under
65	65	Subsection (a)(3), the district is dissolved when all money has
66	66	been disposed of and all district debts have been paid or settled.
67	67	Sec. 1037.306. SALE OR TRANSFER OF ASSETS AND LIABILITIES.
68	68	(a) The dissolution of the district and the sale or transfer of the
69	69	district's assets and liabilities to another person may not
70	70	contravene a trust indenture or bond resolution relating to the
71	71	district's outstanding bonds. The dissolution and sale or
72	72	transfer does not diminish or impair the rights of a holder of an
73	73	outstanding bond, warrant, or other obligation of the district.
74	74	(b) The sale or transfer of the district's assets and
75	75	liabilities must satisfy the debt and bond obligations of the
76	76	district in a manner that protects the interests of district
77	77	residents, including the residents' collective property rights in
78	78	the district's assets.
79	79	(c) The district may not transfer or dispose of the
80	80	district's assets except for due compensation unless:
81	81	(1) the transfer is made to another governmental
82	82	entity that serves the district; and
83	83	(2) the transferred assets are to be used for the
84	84	benefit of the district's residents.
85	85	Sec. 1037.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
86	86	TAXES. (a) After the board finds that the district is dissolved,
87	87	the board shall:
88	88	(1) determine the debt owed by the district; and
89	89	(2) impose on the property included in the district's
90	90	tax rolls a tax that is in proportion of the debt to the property
91	91	value.
92	92	(b) On the payment of all outstanding debts and obligations
93	93	of the district, the board shall order the secretary to return to
94	94	each district taxpayer the taxpayer's pro rata share of all unused
95	95	tax money.
96	96	(c) A taxpayer may request that the taxpayer's share of
97	97	surplus tax money be credited to the taxpayer's county taxes. If a
98	98	taxpayer requests the credit, the board shall direct the secretary
99	99	to transmit the money to the county tax assessor-collector.
100	100	Sec. 1037.308. REPORT; DISSOLUTION ORDER. (a) After the
101	101	district has paid all district debts and has disposed of all
102	102	district money and other assets as prescribed by this subchapter,
103	103	the board shall file a written report with the Commissioners Court
104	104	of Jones County summarizing the board's actions in dissolving the
105	105	district.
106	106	(b) Not later than the 10th day after the date the
107	107	Commissioners Court of Jones County receives the report and
108	108	determines that the requirements of this subchapter have been
109	109	fulfilled, the commissioners court shall enter an order dissolving
110	110	the district and releasing the board from any further duty or
111	111	obligation.
112	112	SECTION 2. This Act takes effect September 1, 2013.
113	113	* * * * *