86R28140 JXC-D
By: Swanson H.B. No. 3727
Substitute the following for H.B. No. 3727:
By: Stickland C.S.H.B. No. 3727
A BILL TO BE ENTITLED
AN ACT
relating to the online publication of information by certain
special purpose districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 403.0241, Government Code, is amended by
amending Subsection (b) and adding Subsection (c-1) to read as
follows:
(b) The comptroller shall create and make accessible on the
Internet a database, to be known as the Special Purpose District
Public Information Database, that contains information regarding:
(1) all special purpose districts of this state that:
(A) [(1)] are authorized by the state by a
general or special law to impose an ad valorem tax or a sales and use
tax, to impose an assessment, or to charge a fee; and
(B) [(2)] during the most recent fiscal year:
(i) [(A)] had bonds outstanding;
(ii) [(B)] had gross receipts from
operations, loans, taxes, or contributions in excess of $250,000;
or
(iii) [(C)] had cash and temporary
investments in excess of $250,000; and
(2) all emergency services districts and municipal
utility districts with a population of more than 100.
(c-1) In addition to the requirements of Subsection (c), the
entry for each emergency services district and municipal utility
district in the database must include:
(1) an indication of how a person may contact a
specified person or address to obtain:
(A) contact information for board members; and
(B) meeting agendas and minutes;
(2) the term of each board member; and
(3) information provided to the comptroller under
Section 775.046(c), Health and Safety Code, or Section 54.244(c),
Water Code, as applicable.
SECTION 2. Subchapter C, Chapter 775, Health and Safety
Code, is amended by adding Section 775.046 to read as follows:
Sec. 775.046. ONLINE PUBLICATION. (a) In this section,
"comptroller database" means the Special Purpose District Public
Information Database established under Section 403.0241,
Government Code.
(b) This section applies only to a district with a
population of more than 100.
(c) In addition to information a district is required to
provide to the comptroller under Section 403.0241, Government Code,
and Section 203.062, Local Government Code, the district annually
shall provide to the comptroller for inclusion in the comptroller
database:
(1) an indication of whether the district's
commissioners are appointed or elected;
(2) if the district's commissioners are elected:
(A) an indication of the month in which the
district's regular elections take place;
(B) instructions for becoming a candidate to be
elected as a commissioner, including any relevant deadlines for
filing required documents; and
(C) instructions for obtaining the results of
district elections; and
(3) if the district's commissioners are appointed, a
description of the appointment process and the person or body that
has appointing authority.
(d) A district shall maintain:
(1) an Internet website; or
(2) an Internet domain name that:
(A) includes a form of the name of the district;
and
(B) directs a user to the district's entry in the
comptroller database.
(e) If the district maintains an Internet website, the board
shall ensure that the following items are posted on the Internet
website and that the items required under Subdivisions (3), (4),
and (5) are updated on the district's Internet website at least 90
days before the date of an election held by the district:
(1) a link to the district's entry in the comptroller
database;
(2) the name and term of each commissioner;
(3) the information described by Subsections
(c)(1)-(3);
(4) the district's tax rate;
(5) the district's budget; and
(6) meeting agendas and minutes.
SECTION 3. Subchapter D, Chapter 54, Water Code, is amended
by adding Section 54.244 to read as follows:
Sec. 54.244. ONLINE PUBLICATION. (a) In this section,
"comptroller database" means the Special Purpose District Public
Information Database established under Section 403.0241,
Government Code.
(b) This section applies only to a district with a
population of more than 100.
(c) In addition to information a district is required to
provide to the comptroller under Section 403.0241, Government Code,
and Section 203.062, Local Government Code, the district annually
shall provide to the comptroller for inclusion in the comptroller
database:
(1) an indication of whether the district's directors
are appointed or elected;
(2) if the district's directors are elected:
(A) an indication of the month in which the
district's regular elections take place;
(B) instructions for becoming a candidate to be
elected as a director, including any relevant deadlines for filing
required documents; and
(C) instructions for obtaining the results of
district elections; and
(3) if the district's directors are appointed, a
description of the appointment process and the person or body that
has appointing authority.
(d) A district shall maintain:
(1) an Internet website; or
(2) an Internet domain name that:
(A) includes a form of the name of the district;
and
(B) directs a user to the district's entry in the
comptroller database.
(e) If the district maintains an Internet website, the board
shall ensure that the following items are posted on the Internet
website and that the items required by Subdivisions (3), (4), and
(5) are updated on the district's Internet website at least 90 days
before the date of an election held by the district:
(1) a link to the district's entry in the comptroller
database;
(2) the name and term of each director;
(3) the information described by Subsections
(c)(1)-(3);
(4) the district's tax rate;
(5) the district's budget; and
(6) meeting agendas and minutes.
(f) A district shall provide a link to the Internet website
or the Internet domain name required under Subsection (d):
(1) on the first page of each bill sent to a customer;
and
(2) in a prominent location on each electronic bill or
receipt sent to a customer.
SECTION 4. This Act takes effect September 1, 2019.