| 1 | 1 | | H.B. No. 3469 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the disposition of certain property by the former Bois |
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| 6 | 6 | | D'Arc Island Levee Improvement District of Dallas and Kaufman |
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| 7 | 7 | | Counties and the record of dissolution of that district. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. (a) In this section: |
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| 10 | 10 | | (1) "After-discovered property" means property or |
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| 11 | 11 | | assets of the district that were not sold, transferred, or disposed |
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| 12 | 12 | | of under Section 7801.003, Special District Local Laws Code, or |
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| 13 | 13 | | were assigned to the district after the dissolution of the district |
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| 14 | 14 | | under that section. |
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| 15 | 15 | | (2) "District" means the former Bois D'Arc Island |
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| 16 | 16 | | Levee Improvement District of Dallas and Kaufman Counties. |
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| 17 | 17 | | (b) The commissioners courts of Dallas County and Kaufman |
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| 18 | 18 | | County shall issue a joint order appointing a trustee or receiver to |
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| 19 | 19 | | dispose of after-discovered property. The commissioners courts may |
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| 20 | 20 | | appoint the trustee or receiver with or without a bond or payment. |
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| 21 | 21 | | (c) The trustee or receiver appointed under Subsection (b) |
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| 22 | 22 | | of this section must: |
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| 23 | 23 | | (1) dispose of any after-discovered property in |
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| 24 | 24 | | accordance with state law that provides for the disposition or |
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| 25 | 25 | | disposal of property by a county; and |
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| 26 | 26 | | (2) receive approval from the commissioners courts of |
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| 27 | 27 | | Dallas County and Kaufman County before disposing of any property. |
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| 28 | 28 | | (d) Money made from the sale or disposition of |
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| 29 | 29 | | after-discovered property under this section must be used to pay |
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| 30 | 30 | | any liability, debt, contract, or other obligation of the district, |
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| 31 | 31 | | including any liability, debt, contract, or other obligation |
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| 32 | 32 | | incurred in the appointment of the trustee or receiver or the |
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| 33 | 33 | | execution of the duties of the trustee or receiver. Any remaining |
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| 34 | 34 | | money must be distributed equally between Dallas County and Kaufman |
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| 35 | 35 | | County. |
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| 36 | 36 | | (e) The assets of Dallas County and Kaufman County, |
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| 37 | 37 | | including tax revenue funds: |
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| 38 | 38 | | (1) may not be used by the district to pay any |
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| 39 | 39 | | liability, debt, contract, or other obligation of the district; and |
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| 40 | 40 | | (2) are not subject to any liability, debt, contract, |
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| 41 | 41 | | or other obligation of the district. |
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| 42 | 42 | | (f) Nothing in this section may be construed to constitute a |
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| 43 | 43 | | waiver of the immunity or defenses of Dallas County, Kaufman |
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| 44 | 44 | | County, or the officials, officers, employees, and agents of the |
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| 45 | 45 | | counties regarding a suit or liability concerning the |
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| 46 | 46 | | after-discovered property. |
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| 47 | 47 | | SECTION 2. The Texas Commission on Environmental Quality |
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| 48 | 48 | | shall note in its records that the district has been dissolved. |
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| 49 | 49 | | SECTION 3. Effective January 1, 2026, Chapter 7801, Special |
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| 50 | 50 | | District Local Laws Code, is repealed. |
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| 51 | 51 | | SECTION 4. This Act takes effect September 1, 2023. |
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| 52 | 52 | | ______________________________ ______________________________ |
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| 53 | 53 | | President of the Senate Speaker of the House |
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| 54 | 54 | | I certify that H.B. No. 3469 was passed by the House on May 2, |
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| 55 | 55 | | 2023, by the following vote: Yeas 130, Nays 14, 3 present, not |
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| 56 | 56 | | voting. |
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| 57 | 57 | | ______________________________ |
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| 58 | 58 | | Chief Clerk of the House |
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| 59 | 59 | | I certify that H.B. No. 3469 was passed by the Senate on May |
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| 60 | 60 | | 24, 2023, by the following vote: Yeas 31, Nays 0. |
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| 61 | 61 | | ______________________________ |
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| 62 | 62 | | Secretary of the Senate |
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| 63 | 63 | | APPROVED: _____________________ |
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| 64 | 64 | | Date |
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| 65 | 65 | | _____________________ |
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| 66 | 66 | | Governor |
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