Texas 2021 - 87th Regular

Texas Senate Bill SB604 Compare Versions

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1-S.B. No. 604
1+By: Bettencourt, et al. S.B. No. 604
2+ (Capriglione)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
57 relating to bonds issued by and the dissolution of municipal
68 management districts.
79 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
810 SECTION 1. Subchapter M, Chapter 375, Local Government
911 Code, is amended by adding Section 375.2621 to read as follows:
1012 Sec. 375.2621. PROHIBITION ON ISSUANCE OF BONDS AFTER
1113 PETITION. If a petition for dissolution under Section 375.262 is
1214 filed with the board, the board must consider the petition not later
1315 than the 60th day after the date the petition is filed. The
1416 district may not issue bonds secured by assessments after the date
1517 the board confirms that the petition is valid and complete under
1618 Section 375.262.
1719 SECTION 2. Section 375.264, Local Government Code, is
1820 amended to read as follows:
1921 Sec. 375.264. LIMITATIONS [LIMITATION] ON DISSOLUTION BY
2022 BOARD OF DISTRICT WITH DEBT. (a) A district may not be dissolved by
2123 its board under Section 375.261 or after a petition is filed under
2224 Section 375.262 if the district has [any] outstanding bonded
2325 indebtedness until that bonded indebtedness has been repaid or
2426 defeased in accordance with the order or resolution authorizing the
2527 issuance of the bonds.
2628 (b) If a petition for dissolution is filed under Section
2729 375.262 with the board of a district and the district has
2830 outstanding bonded indebtedness secured by assessments:
2931 (1) the district shall remain in existence solely for
30- the purposes of winding up district operations and discharging its
31- bonded indebtedness; and
32+ the purpose of discharging its bonded indebtedness; and
3233 (2) the board shall use all district money that is
33- available to:
34- (A) wind up district operations; and
35- (B) repay or defease the bonded indebtedness as
36- soon as practicable in accordance with the order or resolution
37- authorizing the issuance of the bonds.
34+ available for the purpose to repay or defease the bonded
35+ indebtedness as soon as practicable in accordance with the order or
36+ resolution authorizing the issuance of the bonds.
3837 (c) Subsection (b) does not apply to a district that has
3938 outstanding bonded indebtedness secured by a source other than
4039 assessments on the date the petition is filed with the board.
4140 SECTION 3. The changes in law made by this Act apply only to
4241 a municipal management district that is the subject of a petition
4342 described by Section 375.262, Local Government Code, filed with the
4443 board on or after the effective date of this Act. A district that is
4544 the subject of such a petition filed with the board before the
4645 effective date of this Act is governed by the law in effect on the
4746 date the petition was filed, and the former law is continued in
4847 effect for that purpose.
4948 SECTION 4. The changes in law made by this Act may not be
5049 construed to impair an obligation under a contract entered into
5150 before the effective date of this Act. A political subdivision may
5251 fulfill the subdivision's obligations under a contract entered into
5352 before that date but may not extend such a contract beyond the
5453 contract's original term.
5554 SECTION 5. This Act takes effect September 1, 2021.
56- ______________________________ ______________________________
57- President of the Senate Speaker of the House
58- I hereby certify that S.B. No. 604 passed the Senate on
59- April 19, 2021, by the following vote: Yeas 31, Nays 0; and that
60- the Senate concurred in House amendment on May 29, 2021, by the
61- following vote: Yeas 31, Nays 0.
62- ______________________________
63- Secretary of the Senate
64- I hereby certify that S.B. No. 604 passed the House, with
65- amendment, on May 26, 2021, by the following vote: Yeas 146,
66- Nays 1, two present not voting.
67- ______________________________
68- Chief Clerk of the House
69- Approved:
70- ______________________________
71- Date
72- ______________________________
73- Governor