Texas 2017 - 85th Regular

Texas House Bill HB4279 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4279
	1	+	By: King of Uvalde (Senate Sponsor - Uresti) H.B. No. 4279
	2	+	(In the Senate - Received from the House April 24, 2017;
	3	+	May 3, 2017, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 12, 2017, reported favorably by
	5	+	the following vote: Yeas 6, Nays 0; May 12, 2017, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to expansion of the territory of the Frio Hospital
6	12		District and to the election of the board of directors of the
7	13		district.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 1030.004, Special District Local Laws
10	16		Code, is amended to read as follows:
11	17		Sec. 1030.004. DISTRICT TERRITORY. Unless the district's
12	18		boundaries are expanded under Subchapter H, the [The] boundaries of
13	19		the district are coextensive with the boundaries of Frio County,
14	20		Texas, except that a portion of the southern boundary follows the
15	21		boundary of the Frio River beginning at the intersection of the
16	22		south county line and the Frio River to the point at which the
17	23		boundary intersects the Leona River and follows the Leona River to
18	24		the west county line.
19	25		SECTION 2. Sections 1030.051(a) and (b), Special District
20	26		Local Laws Code, are amended to read as follows:
21	27		(a) Unless the district's boundaries are expanded under
22	28		Subchapter H, the [The] district is governed by a board of seven
23	29		directors.
24	30		(b) Unless the district's boundaries are expanded under
25	31		Subchapter H:
26	32		(1) two [Two] directors are elected from each
27	33		commissioners precinct and one director is elected from the
28	34		district at large; and
29	35		(2) the [. The] portion of Precinct 4 that is in the
30	36		district is combined with Precinct 1 to represent one precinct.
31	37		SECTION 3. Section 1030.052, Special District Local Laws
32	38		Code, is amended to read as follows:
33	39		Sec. 1030.052. NOTICE OF ELECTION. Notice [At least 35 days
34	40		before the date] of an election of directors[, notice of the
35	41		election] shall be published in accordance with Section 4.003,
36	42		Election Code [one time in a newspaper with general circulation in
37	43		the district].
38	44		SECTION 4. Section 1030.053, Special District Local Laws
39	45		Code, is amended to read as follows:
40	46		Sec. 1030.053. BALLOT APPLICATION [PETITION]. A person who
41	47		wants to have the person's name printed on the ballot as a candidate
42	48		for director must file with the board secretary an application in
43	49		accordance with Chapter 144, Election Code [a petition requesting
44	50		that action. The petition must:
45	51		[(1) be signed by at least 10 registered voters of the
46	52		district as determined by the most recent official list of
47	53		registered voters;
48	54		[(2) be filed not later than the 31st day before the
49	55		date of the election; and
50	56		[(3) specify the commissioners precinct the candidate
51	57		wants to represent or specify that the candidate wants to represent
52	58		the district at large].
53	59		SECTION 5. Chapter 1030, Special District Local Laws Code,
54	60		is amended by adding Subchapter H to read as follows:
55	61		SUBCHAPTER H. EXPANSION OF TERRITORY TO INCLUDE ALL OF FRIO COUNTY
56	62		Sec. 1030.351. PETITION TO EXPAND DISTRICT TERRITORY. (a)
57	63		Registered voters of a defined territory composed of all territory
58	64		within Frio County that does not include the territory of the
59	65		district may file a petition with the board secretary requesting
60	66		inclusion of the territory in the district.
61	67		(b) The petition must be signed by at least 50 registered
62	68		voters of the territory or a majority of those voters, whichever is
63	69		less.
64	70		Sec. 1030.352. NOTICE OF HEARING. (a) The board by order
65	71		shall set a time and place to hold a hearing on the petition
66	72		described by Section 1030.351.
67	73		(b) The hearing may not be held earlier than the 31st day
68	74		after the date the board issues the order.
69	75		Sec. 1030.353. ORDER OF ANNEXATION. (a) If, after the
70	76		hearing, the board finds that annexation of the territory into the
71	77		district would be feasible and would benefit the district, the
72	78		board may approve the annexation by a resolution entered in its
73	79		minutes.
74	80		(b) The board is not required to include all of the
75	81		territory described in the petition if the board finds that a change
76	82		is necessary or desirable.
77	83		Sec. 1030.354. RATIFICATION ELECTION. (a) Annexation of
78	84		territory is final when approved by a majority of the voters at:
79	85		(1) an election held in the district; and
80	86		(2) a separate election held on the same date in the
81	87		territory to be annexed.
82	88		(b) If the district has outstanding debts or taxes, the
83	89		voters in the elections to approve annexation must also determine
84	90		whether the annexed territory will assume its portion of the debts
85	91		or taxes on annexation.
86	92		Sec. 1030.355. BALLOT. The ballot for the elections shall
87	93		be printed to permit voting for or against the following, as
88	94		applicable:
89	95		(1) "Adding (description of territory to be added) to
90	96		the Frio Hospital District."
91	97		(2) "(Description of territory to be added) assuming
92	98		its proportionate share of the outstanding debts and taxes of the
93	99		Frio Hospital District, if it is added to the district."
94	100		Sec. 1030.356. ANNEXATION ELECTION. (a) An election held
95	101		under this subchapter to annex territory must be ordered in
96	102		accordance with Chapter 3, Election Code.
97	103		(b) Notice of an election held under this subchapter to
98	104		annex territory must be given as provided by Chapter 4, Election
99	105		Code.
100	106		Sec. 1030.357. COMPOSITION AND ELECTION OF BOARD FOLLOWING
101	107		ANNEXATION. (a) If annexation is approved, the board shall be
102	108		governed by a board of nine directors with two directors elected
103	109		from each commissioners precinct and one director elected at large.
104	110		(b) At the next regularly scheduled board meeting following
105	111		the canvassing of the election to expand the district's territory,
106	112		the board shall appoint two individuals who meet the qualifications
107	113		under Section 1030.054 to serve as temporary directors representing
108	114		Precinct 4 until the date of the next regular election of directors.
109	115		(c) On the date of the next regular election following the
110	116		approval of annexation, in addition to the directors scheduled to
111	117		be elected at that election, two directors shall be elected from
112	118		Precinct 4.
113	119		(d) The two initial directors elected from Precinct 4 shall
114	120		draw lots to determine which director shall serve a one-year term.
115	121		SECTION 6. This Act takes effect immediately if it receives
116	122		a vote of two-thirds of all the members elected to each house, as
117	123		provided by Section 39, Article III, Texas Constitution. If this
118	124		Act does not receive the vote necessary for immediate effect, this
119	125		Act takes effect September 1, 2017.
120		-	______________________________ ______________________________
121		-	President of the Senate Speaker of the House
122		-	I certify that H.B. No. 4279 was passed by the House on April
123		-	20, 2017, by the following vote: Yeas 142, Nays 2, 2 present, not
124		-	voting.
125		-	______________________________
126		-	Chief Clerk of the House
127		-	I certify that H.B. No. 4279 was passed by the Senate on May
128		-	19, 2017, by the following vote: Yeas 31, Nays 0.
129		-	______________________________
130		-	Secretary of the Senate
131		-	APPROVED: _____________________
132		-	Date
133		-	_____________________
134		-	Governor
	126	+	* * * * *