| 1 | 1 | | 88S30781 MP-D |
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| 2 | 2 | | By: Bell of Kaufman H.B. No. 176 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to county requirements for the creation of a special |
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| 8 | 8 | | district located in the county. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The Local Government Code is amended by adding |
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| 11 | 11 | | Title 15 to read as follows: |
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| 12 | 12 | | TITLE 15. REQUIREMENTS FOR CREATION OF CERTAIN LOCAL GOVERNMENTAL |
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| 13 | 13 | | ENTITIES |
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| 14 | 14 | | SUBTITLE A. MUNICIPAL REQUIREMENTS |
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| 15 | 15 | | SUBTITLE B. COUNTY REQUIREMENTS |
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| 16 | 16 | | CHAPTER 661. SPECIAL DISTRICTS |
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| 17 | 17 | | Sec. 661.001. DEFINITION. In this chapter, "special |
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| 18 | 18 | | district" means a political subdivision with a limited geographic |
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| 19 | 19 | | area created by local law or under general law for a special |
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| 20 | 20 | | purpose. |
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| 21 | 21 | | Sec. 661.002. REQUIREMENTS FOR PROPOSED LOCAL LAW |
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| 22 | 22 | | DISTRICTS. (a) This section applies only to a special district |
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| 23 | 23 | | created by local law. |
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| 24 | 24 | | (b) Except as provided by Subsection (c), the commissioners |
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| 25 | 25 | | court of a county in which a special district is proposed to be |
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| 26 | 26 | | located may by order adopt requirements for the district to ensure |
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| 27 | 27 | | that all county territory included in the district will benefit |
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| 28 | 28 | | from the creation of the district. |
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| 29 | 29 | | (c) The commissioners court of a county may not adopt an |
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| 30 | 30 | | order described by Subsection (b) for a special district after the |
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| 31 | 31 | | effective date of the Act that creates the district. |
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| 32 | 32 | | (d) A special district shall comply with each order adopted |
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| 33 | 33 | | under Subsection (b) that applies to the district. |
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| 34 | 34 | | Sec. 661.003. APPROVAL BEFORE CREATION OF GENERAL LAW |
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| 35 | 35 | | DISTRICTS. (a) This section applies only to a special district |
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| 36 | 36 | | created under general law. |
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| 37 | 37 | | (b) A special district may not be created unless the |
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| 38 | 38 | | commissioners court of each county in which the district is |
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| 39 | 39 | | proposed to be located approves the creation of the district after |
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| 40 | 40 | | each court holds a hearing described by Subsection (c). |
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| 41 | 41 | | (c) On the request of a person proposing to create a special |
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| 42 | 42 | | district in a county, the commissioners court of the county shall |
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| 43 | 43 | | hold a hearing in which the court accepts evidence on the creation |
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| 44 | 44 | | of the district and whether: |
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| 45 | 45 | | (1) the creation of the district is feasible, |
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| 46 | 46 | | practicable, and necessary; and |
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| 47 | 47 | | (2) the district would wholly or partly benefit the |
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| 48 | 48 | | county. |
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| 49 | 49 | | Sec. 661.004. EXCEPTIONS. This chapter does not apply to a |
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| 50 | 50 | | special district if: |
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| 51 | 51 | | (1) the creation of the district is initiated by the |
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| 52 | 52 | | commissioners court of a county; or |
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| 53 | 53 | | (2) other law requires the approval of the |
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| 54 | 54 | | commissioners court of a county before the district may be created. |
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| 55 | 55 | | SECTION 2. Section 661.003, Local Government Code, as added |
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| 56 | 56 | | by this Act, applies only to a special district, as defined by |
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| 57 | 57 | | Section 661.001, Local Government Code, as added by this Act, |
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| 58 | 58 | | created on or after the effective date of this Act. |
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| 59 | 59 | | SECTION 3. This Act takes effect on the 91st day after the |
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| 60 | 60 | | last day of the legislative session. |
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