Texas 2017 - 85th Regular

Texas Senate Bill SB1067 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Schwertner S.B. No. 1067
2		-	(In the Senate - Filed February 23, 2017; March 6, 2017,
3		-	read first time and referred to Committee on Intergovernmental
4		-	Relations; May 2, 2017, reported favorably by the following vote:
5		-	Yeas 5, Nays 1; May 2, 2017, sent to printer.)
6		-	Click here to see the committee vote
7	2
8	3
9	4		A BILL TO BE ENTITLED
10	5		AN ACT
11	6		relating to the dissolution of the Chisholm Trail Special Utility
12	7		District.
13	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	9		SECTION 1. Subtitle C, Title 6, Special District Local Laws
15	10		Code, is amended by adding Chapter 7219 to read as follows:
16	11		CHAPTER 7219. CHISHOLM TRAIL SPECIAL UTILITY DISTRICT
17	12		SUBCHAPTER A. GENERAL PROVISIONS
18	13		Sec. 7219.001. DEFINITIONS. In this chapter:
19	14		(1) "Board" means the district's board of directors.
20	15		(2) "City" means the City of Georgetown.
21	16		(3) "District" means the Chisholm Trail Special
22	17		Utility District.
23	18		SUBCHAPTER B. DISSOLUTION OF DISTRICT
24	19		Sec. 7219.051. PROPOSAL FOR DISSOLUTION; NOTICE. (a) If a
25	20		majority of the board votes to propose to dissolve the district, the
26	21		board may issue notice of a hearing on a proposal to dissolve the
27	22		district.
28	23		(b) Not later than the 14th day before the date set for the
29	24		hearing, notice of the hearing must:
30	25		(1) be posted at the courthouse of each county in which
31	26		the district is located and at the district's office; and
32	27		(2) be published at least one time in a newspaper of
33	28		general circulation in each county in which the district is
34	29		located.
35	30		Sec. 7219.052. HEARING AND ORDER. (a) At the hearing,
36	31		held at the time and place stated in the notice under Section
37	32		7219.051, the board shall:
38	33		(1) hear all interested persons;
39	34		(2) consider whether the best interests of the persons
40	35		and property in the district will be served by dissolving the
41	36		district; and
42	37		(3) vote on whether to dissolve the district.
43	38		(b) If two-thirds of the members of the board vote to
44	39		dissolve the district, the board shall enter a finding in its
45	40		records that the district will be dissolved after completion of the
46	41		process to transfer to the city the district's certificate of
47	42		convenience and necessity and other assets and liabilities under
48	43		Section 7219.053. After the district's certificate of convenience
49	44		and necessity and other assets and liabilities are transferred to
50	45		the city under Section 7219.053, the board shall enter an order in
51	46		its records dissolving the district.
52	47		(c) If two-thirds of the members of the board do not vote to
53	48		dissolve the district, the board shall enter an order in its records
54	49		providing that the district is not to be dissolved.
55	50		Sec. 7219.053. ASSUMPTION OF OPERATION, MANAGEMENT, AND
56	51		ASSETS AND LIABILITIES OF DISTRICT. (a) On the date the board
57	52		enters a finding under Section 7219.052(b) that the district will
58	53		be dissolved, the city shall assume:
59	54		(1) control of the operation and management of the
60	55		affairs of the district, to the extent that the operation and
61	56		management was not previously assumed by the city by contractual
62	57		agreement;
63	58		(2) all rights, duties, and obligations of the
64	59		district, including existing contracts, duties, assets, property,
65	60		easements, financial obligations, and liabilities of the district,
66	61		to the extent that those rights, duties, and obligations were not
67	62		previously assumed by the city by contractual agreement;
68	63		(3) all files, records, and accounts of the district,
69	64		including those that pertain to the control, finances, management,
70	65		and operation of the district; and
71	66		(4) all permits, approvals, and licenses of the
72	67		district.
73	68		(b) To the extent that the assumption of an item listed in
74	69		Subsection (a) requires the approval of a state agency, the state
75	70		agency shall grant approval without additional notice or hearing.
76	71		(c) This section does not enhance or harm the position of a
77	72		contracting party.
78	73		Sec. 7219.054. REVIEW OF BOARD'S ORDER. The board's order
79	74		dissolving the district is final and may not be appealed in any
80	75		manner to any judicial, administrative, or other tribunal if the
81	76		board's order is entered after the completion of the process to
82	77		transfer the district's certificate of convenience and necessity,
83	78		including any necessary approval of a state agency.
84	79		SECTION 2. This Act takes effect immediately if it receives
85	80		a vote of two-thirds of all the members elected to each house, as
86	81		provided by Section 39, Article III, Texas Constitution. If this
87	82		Act does not receive the vote necessary for immediate effect, this
88	83		Act takes effect September 1, 2017.
89		-	* * * * *