Texas 2017 - 85th Regular

Texas Senate Bill SB1175 Compare Versions

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

Old	New	Differences
1	1	85R2198 GRM-D
2	2	By: Hinojosa S.B. No. 1175
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the dissolution of water districts.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Subchapter K, Chapter 49, Water
10	10	Code, is amended to read as follows:
11	11	SUBCHAPTER K. DISSOLUTION BY COMMISSION
12	12	SECTION 2. Section 49.323, Water Code, is amended to read as
13	13	follows:
14	14	Sec. 49.323. INVESTIGATION. (a) The executive director
15	15	shall investigate the facts and circumstances of the district to be
16	16	dissolved and the result of the investigation shall be included in a
17	17	written report.
18	18	(b) On request of a board, the executive director shall
19	19	investigate whether the district may be dissolved under this
20	20	subchapter and issue to the commission the written conclusion of
21	21	the investigation.
22	22	SECTION 3. Chapter 49, Water Code, is amended by adding
23	23	Subchapter P to read as follows:
24	24	SUBCHAPTER P. DISSOLUTION BY ELECTION
25	25	Sec. 49.551. DISSOLUTION ELECTION CALLED BY BOARD. The
26	26	board may order an election on the question of dissolving the
27	27	district and transferring the district's assets and obligations to
28	28	another political subdivision of the state, if the board concludes
29	29	after a public hearing held on the issue that it is in the best
30	30	interest of the district's residents and of the persons served by
31	31	the district for the district to dissolve.
32	32	Sec. 49.552. DISSOLUTION ELECTION CALLED BY COMMISSIONERS
33	33	COURT. (a) The commissioners court of a county in which the
34	34	district is located may order an election to be held in the
35	35	district's territory on the question of dissolving the district and
36	36	transferring the district's assets and obligations to another
37	37	political subdivision of the state, if the commissioners court
38	38	concludes after a public hearing held on the issue that it is in the
39	39	best interest of the district's residents and of the persons served
40	40	by the district for the district to dissolve.
41	41	(b) If the district is located in more than one county, the
42	42	election order must be in the form of a joint order issued by the
43	43	commissioners court of each county in which the district is located
44	44	after a hearing as described by Subsection (a).
45	45	Sec. 49.553. DISSOLUTION ELECTION CALLED BY PETITION. The
46	46	board shall order an election on the question of dissolving the
47	47	district and transferring the district's assets and obligations to
48	48	another political subdivision of the state if the board receives a
49	49	petition requesting an election on that question. The petition must
50	50	be signed by at least 15 percent of the district's registered
51	51	voters.
52	52	Sec. 49.554. ELECTION ORDER. An order calling an election
53	53	held under this subchapter must state:
54	54	(1) the nature of the election, including the
55	55	proposition that is to appear on the ballot;
56	56	(2) the date of the election;
57	57	(3) the hours during which the polls will be open; and
58	58	(4) the location of the polling places.
59	59	Sec. 49.555. NOTICE OF DISSOLUTION ELECTION. (a) The board
60	60	shall give notice of an election ordered under this subchapter by
61	61	publishing a substantial copy of the election order in a newspaper
62	62	with general circulation in the district once a week for two
63	63	consecutive weeks.
64	64	(b) The first publication must appear not later than the
65	65	30th day before the date set for the election.
66	66	Sec. 49.556. APPLICABILITY OF UNIFORM ELECTION DATES.
67	67	Section 41.001, Election Code, does not apply to an election held
68	68	under this subchapter.
69	69	Sec. 49.557. ELECTION RESULTS. (a) If a majority of the
70	70	votes in an election held under this subchapter favor dissolution,
71	71	the board shall order that the district be dissolved.
72	72	(b) If a majority of the votes in an election held under this
73	73	subchapter do not favor dissolution, the board shall continue to
74	74	administer the district, and another election on the question of
75	75	dissolution may not be held before the first anniversary of the date
76	76	of the most recent election held on the question of dissolving the
77	77	district.
78	78	Sec. 49.558. TRANSFER OF ASSETS, OBLIGATIONS, AND PROVISION
79	79	OF SERVICES. (a) As soon as practicable following the issuance of an
80	80	order under Section 49.557(a), the board shall:
81	81	(1) begin the process of transferring the district's
82	82	assets and obligations to one or more political subdivisions in a
83	83	fair and equitable manner; and
84	84	(2) administer the property, assets, and debts of the
85	85	district until all money has been disposed of and all district debts
86	86	have been paid or settled.
87	87	(b) If the district provides services, the board or a
88	88	receiver appointed under Section 49.559 shall make arrangements for
89	89	the uninterrupted provision of services.
90	90	Sec. 49.559. RECEIVER. If the executive director
91	91	determines that the board has failed to make substantial progress
92	92	in transferring the district's assets and obligations to one or
93	93	more political subdivisions in a fair and equitable manner, the
94	94	executive director shall appoint a receiver for the district.
95	95	Sec. 49.560. REPORT; DISSOLUTION ORDER. (a) After the
96	96	district has transferred all of the district's assets and
97	97	obligations and has arranged for the continued provision of
98	98	services provided by the district, if applicable, the board shall
99	99	file a written report with the commission summarizing the board's
100	100	actions in dissolving the district.
101	101	(b) Not later than the 10th day after the date the
102	102	commission receives the report and determines that the requirements
103	103	of this subchapter have been fulfilled, the commission shall enter
104	104	an order dissolving the district.
105	105	SECTION 4. This Act takes effect September 1, 2017.