Texas 2015 - 84th Regular

Texas House Bill HB1548 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R8356 TJB-D
2	2	By: Harless H.B. No. 1548
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to comprehensive reviews of certain special districts.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Title 1, Special District Local Laws Code, is
10	10	amended by adding Chapter 2 to read as follows:
11	11	CHAPTER 2. COMPREHENSIVE REVIEW OF CERTAIN SPECIAL DISTRICTS
12	12	Sec. 2.001. DEFINITION. In this chapter, "special
13	13	district" means a political subdivision of this state that has a
14	14	limited geographic area, is created by local law or under general
15	15	law for a special purpose, and is authorized to impose a tax,
16	16	assessment, or fee. The term does not include:
17	17	(1) a school district; or
18	18	(2) a junior college district.
19	19	Sec. 2.002. COMPREHENSIVE REVIEW REQUIRED. (a) At least
20	20	once every six years, the governing body of a special district that
21	21	has outstanding debt or imposes a tax, assessment, or fee shall
22	22	conduct a comprehensive review of the district under this chapter.
23	23	(b) The governing body of a special district that issues
24	24	debt or imposes a tax, assessment, or fee for the first time on or
25	25	after September 1, 2015, shall conduct the first comprehensive
26	26	review not later than the third anniversary of the date the
27	27	governing body issues the debt or imposes the tax, assessment, or
28	28	fee.
29	29	Sec. 2.003. COMPREHENSIVE SELF-EVALUATION REPORT. (a)
30	30	After conducting the review, the governing body must publish a
31	31	written self-evaluation report not later than the 30th day before
32	32	the date of the public hearing required by Section 2.005.
33	33	(b) Except as provided by Subsection (c), the
34	34	self-evaluation report must include:
35	35	(1) an identification of the statutory provision
36	36	authorizing the special district;
37	37	(2) an identification of the purpose of the special
38	38	district and an assessment of the extent to which the purpose has
39	39	been achieved, has failed to be achieved, or is continuing to be
40	40	achieved;
41	41	(3) an identification of the activities of the special
42	42	district that overlap or duplicate those of other governmental
43	43	entities;
44	44	(4) an identification of each tax, assessment, fee, or
45	45	penalty that the special district is authorized to impose or
46	46	collect;
47	47	(5) a statement of the revenue collected by the
48	48	special district and an assessment of whether the revenue exceeds
49	49	the amount needed to accomplish the purpose of the district; and
50	50	(6) an identification of the special district's
51	51	financial liabilities, including bonds and other obligations.
52	52	(c) Instead of replicating in the self-evaluation report
53	53	information required by Subsection (b) that is posted separately on
54	54	the special district's Internet website, or on a website as
55	55	authorized by Section 2.006(b)(2), the district may provide in the
56	56	report a direct link to, or a clear statement describing the
57	57	location of, the separately posted information.
58	58	(d) The governing body must make the self-evaluation report
59	59	available for inspection by any person. The governing body must
60	60	take action to ensure that the self-evaluation report is posted
61	61	continuously on the special district's Internet website, or on a
62	62	website as authorized by Section 2.006(b)(2).
63	63	Sec. 2.004. NOTICE OF HEARING. (a) Not earlier than the
64	64	30th day or later than the 15th day before the date of the hearing
65	65	required by Section 2.005, the governing body of the special
66	66	district shall take action to ensure that the notice of the hearing
67	67	is published in at least one newspaper of general circulation in the
68	68	county in which the district is located and on the district's
69	69	Internet website, or on a website as authorized by Section
70	70	2.006(b)(2). The notice on the website must remain posted until the
71	71	conclusion of the hearing.
72	72	(b) The notice must contain a statement in the following
73	73	form:
74	74	"NOTICE OF PUBLIC MEETING TO CONSIDER THE COMPREHENSIVE
75	75	SELF-EVALUATION REPORT OF THE (INSERT NAME OF SPECIAL DISTRICT)
76	76	"The (insert name of the district) was created in (insert
77	77	year) to (insert purpose for district's creation). The district
78	78	imposes a (insert type of tax, assessment, or fee, as appropriate,
79	79	and the appropriate rate or amount). State law requires the
80	80	district to hold a hearing at least every six years to consider the
81	81	district's comprehensive self-evaluation report. The hearing will
82	82	be held on (insert date) at (insert time) at (insert location). A
83	83	copy of the district's comprehensive self-evaluation report is
84	84	available at (insert the physical address of the district's main
85	85	office, or the physical address of the main office of another local
86	86	political subdivision if the district does not maintain an office,
87	87	and the website address where the comprehensive self-evaluation
88	88	report is posted)."
89	89	Sec. 2.005. PUBLIC HEARING. (a) The governing body of a
90	90	special district must conduct a public hearing at which persons
91	91	interested in the self-evaluation report are given the opportunity
92	92	to be heard.
93	93	(b) Not later than the 10th day after the date of the public
94	94	hearing, the governing body shall take action to ensure that the
95	95	following is posted on the special district's Internet website, or
96	96	on a website as authorized by Section 2.006(b)(2):
97	97	(1) the minutes of the hearing;
98	98	(2) the estimated number of members of the public in
99	99	attendance at the hearing; and
100	100	(3) the number of witnesses testifying at the hearing.
101	101	Sec. 2.006. INTERNET WEBSITE. (a) Except as provided by
102	102	Subsection (b), a special district shall maintain or cause to be
103	103	maintained an Internet website to comply with this chapter.
104	104	(b) If a special district did not maintain an Internet
105	105	website or cause a website to be maintained on January 1, 2015, the
106	106	special district shall post the information required by this
107	107	chapter on:
108	108	(1) the special district's website, if the special
109	109	district chooses to maintain the website or cause the website to be
110	110	maintained; or
111	111	(2) a website in which the special district controls
112	112	the content of the posting, including a social media site, provided
113	113	that the information is easily found by searching the name of the
114	114	special district on the Internet.
115	115	SECTION 2. The governing body of a special district to which
116	116	Section 2.002, Special District Local Laws Code, as added by this
117	117	Act, applies that has issued debt or imposed a tax, assessment, or
118	118	fee before the effective date of this Act must conclude the first
119	119	comprehensive review cycle required by that section not later than
120	120	September 1, 2016.
121	121	SECTION 3. This Act takes effect September 1, 2015.