H.B. No. 3469
AN ACT
relating to the disposition of certain property by the former Bois
D'Arc Island Levee Improvement District of Dallas and Kaufman
Counties and the record of dissolution of that district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) In this section:
(1) "After-discovered property" means property or
assets of the district that were not sold, transferred, or disposed
of under Section 7801.003, Special District Local Laws Code, or
were assigned to the district after the dissolution of the district
under that section.
(2) "District" means the former Bois D'Arc Island
Levee Improvement District of Dallas and Kaufman Counties.
(b) The commissioners courts of Dallas County and Kaufman
County shall issue a joint order appointing a trustee or receiver to
dispose of after-discovered property. The commissioners courts may
appoint the trustee or receiver with or without a bond or payment.
(c) The trustee or receiver appointed under Subsection (b)
of this section must:
(1) dispose of any after-discovered property in
accordance with state law that provides for the disposition or
disposal of property by a county; and
(2) receive approval from the commissioners courts of
Dallas County and Kaufman County before disposing of any property.
(d) Money made from the sale or disposition of
after-discovered property under this section must be used to pay
any liability, debt, contract, or other obligation of the district,
including any liability, debt, contract, or other obligation
incurred in the appointment of the trustee or receiver or the
execution of the duties of the trustee or receiver. Any remaining
money must be distributed equally between Dallas County and Kaufman
County.
(e) The assets of Dallas County and Kaufman County,
including tax revenue funds:
(1) may not be used by the district to pay any
liability, debt, contract, or other obligation of the district; and
(2) are not subject to any liability, debt, contract,
or other obligation of the district.
(f) Nothing in this section may be construed to constitute a
waiver of the immunity or defenses of Dallas County, Kaufman
County, or the officials, officers, employees, and agents of the
counties regarding a suit or liability concerning the
after-discovered property.
SECTION 2. The Texas Commission on Environmental Quality
shall note in its records that the district has been dissolved.
SECTION 3. Effective January 1, 2026, Chapter 7801, Special
District Local Laws Code, is repealed.
SECTION 4. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3469 was passed by the House on May 2,
2023, by the following vote: Yeas 130, Nays 14, 3 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3469 was passed by the Senate on May
24, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor