84R8356 TJB-D
By: Harless H.B. No. 1548
A BILL TO BE ENTITLED
AN ACT
relating to comprehensive 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. COMPREHENSIVE 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:
(1) a school district; or
(2) a junior college district.
Sec. 2.002. COMPREHENSIVE REVIEW REQUIRED. (a) At least
once every six years, the governing body of a special district that
has outstanding debt or imposes a tax, assessment, or fee shall
conduct a comprehensive review of the district under this chapter.
(b) The governing body of a special district that issues
debt or imposes a tax, assessment, or fee for the first time on or
after September 1, 2015, shall conduct the first comprehensive
review not later than the third anniversary of the date the
governing body issues the debt or imposes the tax, assessment, or
fee.
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) Except as provided by Subsection (c), the
self-evaluation report must include:
(1) an identification of the statutory provision
authorizing the special district;
(2) an identification of the purpose of the special
district and an assessment of the extent to which the purpose has
been achieved, has failed to be achieved, or is continuing to be
achieved;
(3) an identification of the activities of the special
district that overlap or duplicate those of other governmental
entities;
(4) an identification of each tax, assessment, fee, or
penalty that the special district is authorized to impose or
collect;
(5) a statement of the revenue collected by the
special district and an assessment of whether the revenue exceeds
the amount needed to accomplish the purpose of the district; and
(6) an identification of the special district's
financial liabilities, including bonds and other obligations.
(c) Instead of replicating in the self-evaluation report
information required by Subsection (b) that is posted separately on
the special district's Internet website, or on a website as
authorized by Section 2.006(b)(2), the district may provide in the
report a direct link to, or a clear statement describing the
location of, the separately posted information.
(d) 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, or on a
website as authorized by Section 2.006(b)(2).
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 shall take action to ensure that the notice of the hearing
is published in at least one newspaper of general circulation in the
county in which the district is located and on the district's
Internet website, or on a website as authorized by Section
2.006(b)(2). 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 CONSIDER THE COMPREHENSIVE
SELF-EVALUATION REPORT 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 six years to consider the
district's comprehensive self-evaluation report. The hearing will
be held on (insert date) at (insert time) at (insert location). A
copy of the district's comprehensive 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 website address where the comprehensive 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 self-evaluation report are given the opportunity
to be heard.
(b) Not later than the 10th day after the date of the public
hearing, the governing body shall take action to ensure that the
following is posted on the special district's Internet website, or
on a website as authorized by Section 2.006(b)(2):
(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) Except as provided by
Subsection (b), a special district shall maintain or cause to be
maintained an Internet website to comply with this chapter.
(b) If a special district did not maintain an Internet
website or cause a website to be maintained on January 1, 2015, the
special district shall post the information required by this
chapter on:
(1) the special district's website, if the special
district chooses to maintain the website or cause the website to be
maintained; or
(2) a website in which the special district controls
the content of the posting, including a social media site, provided
that the information is easily found by searching the name of the
special district on the Internet.
SECTION 2. The governing body of a special district to which
Section 2.002, Special District Local Laws Code, as added by this
Act, applies that has issued debt or imposed a tax, assessment, or
fee before the effective date of this Act must conclude the first
comprehensive review cycle required by that section not later than
September 1, 2016.
SECTION 3. This Act takes effect September 1, 2015.