83R6638 TJB-D
By: Paxton S.B. No. 867
A BILL TO BE ENTITLED
AN ACT
relating to comprehensive performance reviews of certain special
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 1, Special District Local Laws Code, is
amended by adding Chapter 2 to read as follows:
CHAPTER 2. REVIEW OF CERTAIN SPECIAL DISTRICTS
Sec. 2.001. DEFINITION. In this chapter, "special
district" means a political subdivision of this state that has a
limited geographic area, is created by local law or under general
law for a special purpose, and is authorized to impose a tax,
assessment, or fee. The term does not include a school district or
junior college district.
Sec. 2.002. COMPREHENSIVE REVIEW REQUIRED. At least once
every three years, the governing body of a special district shall
conduct a comprehensive review of the district under this chapter
to determine whether the district should be continued or dissolved.
Sec. 2.003. COMPREHENSIVE SELF-EVALUATION REPORT. (a)
After conducting the review, the governing body must publish a
written self-evaluation report not later than the 30th day before
the date of the public hearing required by Section 2.005.
(b) The self-evaluation report must include:
(1) an identification of the statutory provision
authorizing the special district;
(2) an identification of the mission, goals, and
objectives intended for the special district and an assessment of
the extent to which the mission, goals, and objectives have been
achieved, have failed to be achieved, or are continuing to be
achieved;
(3) an identification of the problem or need that the
special district was created to address and an assessment of the
extent to which the problem or need has been addressed, has failed
to be addressed, or is continuing to be addressed;
(4) an identification of the activities of the special
district that overlap or duplicate those of other governmental
entities;
(5) an identification of each tax, assessment, fee, or
penalty that the special district is authorized to impose or
collect;
(6) a statement of the revenue collected by the
special district and an assessment of whether the revenue exceeds
the amount needed to accomplish the mission, goals, and objectives
of the district;
(7) an identification of the special district's
financial liabilities, including bonds and other obligations; and
(8) a determination of whether the special district
should be continued or dissolved.
(c) The governing body must make the self-evaluation report
available for inspection by any person. The governing body must
take action to ensure that the self-evaluation report is posted
continuously on the special district's Internet website.
Sec. 2.004. NOTICE OF HEARING. (a) Not earlier than the
30th day or later than the 15th day before the date of the hearing
required by Section 2.005, the governing body of the special
district must publish notice of the hearing in at least one
newspaper of general circulation in the county in which the
district is located and on the district's Internet website. The
notice on the website must remain posted until the conclusion of the
hearing.
(b) The notice must contain a statement in the following
form:
"NOTICE OF PUBLIC MEETING TO DISCUSS THE CONTINUATION OF THE
(INSERT NAME OF SPECIAL DISTRICT)
"The (insert name of the district) was created in (insert
year) to (insert purpose for district's creation). The district
imposes a (insert type of tax, assessment, or fee, as appropriate,
and the appropriate rate or amount). State law requires the
district to hold a hearing at least every three years to determine
whether the district should be continued or dissolved. The hearing
will be held on (insert date) at (insert time) at (insert location).
A copy of the district's self-evaluation report is available at
(insert the physical address of the district's main office, or the
physical address of the main office of another local political
subdivision if the district does not maintain an office, and the
district's website address where the self-evaluation report is
posted)."
Sec. 2.005. PUBLIC HEARING. (a) The governing body of a
special district must conduct a public hearing at which persons
interested in the continuation or dissolution of the district are
given the opportunity to be heard.
(b) At the conclusion of the hearing, the governing body
must vote on the question of whether the special district should be
continued or dissolved. If the governing body votes to dissolve the
district, the governing body shall take action to dissolve the
district.
(c) Not later than the 10th day after the date of the public
hearing, the governing body must post on the special district's
Internet website:
(1) the minutes of the hearing;
(2) the estimated number of members of the public in
attendance at the hearing; and
(3) the number of witnesses testifying at the hearing.
Sec. 2.006. INTERNET WEBSITE. A special district shall
maintain an Internet website to comply with this chapter.
SECTION 2. The governing body of a special district to which
Chapter 2, Special District Local Laws Code, as added by this Act,
applies must conclude the first comprehensive review cycle required
by that chapter not later than September 1, 2014.
SECTION 3. This Act takes effect September 1, 2013.