Texas 2013 - 83rd Regular

Texas House Bill HB3397 Compare Versions

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Old	New	Differences
1	1	83R19651 TJB-D
2	2	By: Bonnen of Brazoria H.B. No. 3397
3	3	Substitute the following for H.B. No. 3397:
4	4	By: Miller of Comal C.S.H.B. No. 3397
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to comprehensive reviews of certain special districts.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 1, Special District Local Laws Code, is
12	12	amended by adding Chapter 2 to read as follows:
13	13	CHAPTER 2. COMPREHENSIVE REVIEW OF CERTAIN SPECIAL DISTRICTS
14	14	Sec. 2.001. DEFINITION. In this chapter, "special
15	15	district" means a political subdivision of this state that has a
16	16	limited geographic area, is created by local law or under general
17	17	law for a special purpose, and is authorized to impose a tax,
18	18	assessment, or fee. The term does not include:
19	19	(1) a school district;
20	20	(2) a junior college district; or
21	21	(3) a political subdivision that receives financial
22	22	assistance through the state water implementation fund created by
23	23	the 83rd Legislature, Regular Session, 2013.
24	24	Sec. 2.002. COMPREHENSIVE REVIEW REQUIRED. (a) At least
25	25	once every six years, the governing body of a special district that
26	26	has outstanding debt or imposes a tax, assessment, or fee shall
27	27	conduct a comprehensive review of the district under this chapter.
28	28	(b) The governing body of a special district that issues
29	29	debt or imposes a tax, assessment, or fee for the first time on or
30	30	after September 1, 2013, shall conduct the first comprehensive
31	31	review not later than the third anniversary of the date the
32	32	governing body issues the debt or imposes the tax, assessment, or
33	33	fee.
34	34	Sec. 2.003. COMPREHENSIVE SELF-EVALUATION REPORT. (a)
35	35	After conducting the review, the governing body must publish a
36	36	written self-evaluation report not later than the 30th day before
37	37	the date of the public hearing required by Section 2.005.
38	38	(b) Except as provided by Subsection (c), the
39	39	self-evaluation report must include:
40	40	(1) an identification of the statutory provision
41	41	authorizing the special district;
42	42	(2) an identification of the purpose of the special
43	43	district and an assessment of the extent to which the purpose has
44	44	been achieved, has failed to be achieved, or is continuing to be
45	45	achieved;
46	46	(3) an identification of the activities of the special
47	47	district that overlap or duplicate those of other governmental
48	48	entities;
49	49	(4) an identification of each tax, assessment, fee, or
50	50	penalty that the special district is authorized to impose or
51	51	collect;
52	52	(5) a statement of the revenue collected by the
53	53	special district and an assessment of whether the revenue exceeds
54	54	the amount needed to accomplish the purpose of the district; and
55	55	(6) an identification of the special district's
56	56	financial liabilities, including bonds and other obligations.
57	57	(c) Instead of replicating in the self-evaluation report
58	58	information required by Subsection (b) that is posted separately on
59	59	the special district's Internet website, or on a website as
60	60	authorized by Section 2.006(b)(2), the district may provide in the
61	61	report a direct link to, or a clear statement describing the
62	62	location of, the separately posted information.
63	63	(d) The governing body must make the self-evaluation report
64	64	available for inspection by any person. The governing body must
65	65	take action to ensure that the self-evaluation report is posted
66	66	continuously on the special district's Internet website, or on a
67	67	website as authorized by Section 2.006(b)(2).
68	68	Sec. 2.004. NOTICE OF HEARING. (a) Not earlier than the
69	69	30th day or later than the 15th day before the date of the hearing
70	70	required by Section 2.005, the governing body of the special
71	71	district shall take action to ensure that the notice of the hearing
72	72	is published in at least one newspaper of general circulation in the
73	73	county in which the district is located and on the district's
74	74	Internet website, or on a website as authorized by Section
75	75	2.006(b)(2). The notice on the website must remain posted until the
76	76	conclusion of the hearing.
77	77	(b) The notice must contain a statement in the following
78	78	form:
79	79	"NOTICE OF PUBLIC MEETING TO CONSIDER THE COMPREHENSIVE
80	80	SELF-EVALUATION REPORT OF THE (INSERT NAME OF SPECIAL DISTRICT)
81	81	"The (insert name of the district) was created in (insert
82	82	year) to (insert purpose for district's creation). The district
83	83	imposes a (insert type of tax, assessment, or fee, as appropriate,
84	84	and the appropriate rate or amount). State law requires the
85	85	district to hold a hearing at least every six years to consider the
86	86	district's comprehensive self-evaluation report. The hearing will
87	87	be held on (insert date) at (insert time) at (insert location). A
88	88	copy of the district's comprehensive self-evaluation report is
89	89	available at (insert the physical address of the district's main
90	90	office, or the physical address of the main office of another local
91	91	political subdivision if the district does not maintain an office,
92	92	and the website address where the comprehensive self-evaluation
93	93	report is posted)."
94	94	Sec. 2.005. PUBLIC HEARING. (a) The governing body of a
95	95	special district must conduct a public hearing at which persons
96	96	interested in the self-evaluation report are given the opportunity
97	97	to be heard.
98	98	(b) Not later than the 10th day after the date of the public
99	99	hearing, the governing body shall take action to ensure that the
100	100	following is posted on the special district's Internet website, or
101	101	on a website as authorized by Section 2.006(b)(2):
102	102	(1) the minutes of the hearing;
103	103	(2) the estimated number of members of the public in
104	104	attendance at the hearing; and
105	105	(3) the number of witnesses testifying at the hearing.
106	106	Sec. 2.006. INTERNET WEBSITE. (a) Except as provided by
107	107	Subsection (b), a special district shall maintain or cause to be
108	108	maintained an Internet website to comply with this chapter.
109	109	(b) If a special district did not maintain an Internet
110	110	website or cause a website to be maintained on January 1, 2013, the
111	111	special district shall post the information required by this
112	112	chapter on:
113	113	(1) the special district's website, if the special
114	114	district chooses to maintain the website or cause the website to be
115	115	maintained; or
116	116	(2) a website in which the special district controls
117	117	the content of the posting, including a social media site, provided
118	118	that the information is easily found by searching the name of the
119	119	special district on the Internet.
120	120	SECTION 2. The governing body of a special district to which
121	121	Section 2.002, Special District Local Laws Code, as added by this
122	122	Act, applies that has issued debt or imposed a tax, assessment, or
123	123	fee before the effective date of this Act must conclude the first
124	124	comprehensive review cycle required by that section not later than
125	125	September 1, 2014.
126	126	SECTION 3. This Act takes effect September 1, 2013.