88S30781 MP-D
By: Bell of Kaufman H.B. No. 176
A BILL TO BE ENTITLED
AN ACT
relating to county requirements for the creation of a special
district located in the county.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The Local Government Code is amended by adding
Title 15 to read as follows:
TITLE 15. REQUIREMENTS FOR CREATION OF CERTAIN LOCAL GOVERNMENTAL
ENTITIES
SUBTITLE A. MUNICIPAL REQUIREMENTS
SUBTITLE B. COUNTY REQUIREMENTS
CHAPTER 661. SPECIAL DISTRICTS
Sec. 661.001. DEFINITION. In this chapter, "special
district" means a political subdivision with a limited geographic
area created by local law or under general law for a special
purpose.
Sec. 661.002. REQUIREMENTS FOR PROPOSED LOCAL LAW
DISTRICTS. (a) This section applies only to a special district
created by local law.
(b) Except as provided by Subsection (c), the commissioners
court of a county in which a special district is proposed to be
located may by order adopt requirements for the district to ensure
that all county territory included in the district will benefit
from the creation of the district.
(c) The commissioners court of a county may not adopt an
order described by Subsection (b) for a special district after the
effective date of the Act that creates the district.
(d) A special district shall comply with each order adopted
under Subsection (b) that applies to the district.
Sec. 661.003. APPROVAL BEFORE CREATION OF GENERAL LAW
DISTRICTS. (a) This section applies only to a special district
created under general law.
(b) A special district may not be created unless the
commissioners court of each county in which the district is
proposed to be located approves the creation of the district after
each court holds a hearing described by Subsection (c).
(c) On the request of a person proposing to create a special
district in a county, the commissioners court of the county shall
hold a hearing in which the court accepts evidence on the creation
of the district and whether:
(1) the creation of the district is feasible,
practicable, and necessary; and
(2) the district would wholly or partly benefit the
county.
Sec. 661.004. EXCEPTIONS. This chapter does not apply to a
special district if:
(1) the creation of the district is initiated by the
commissioners court of a county; or
(2) other law requires the approval of the
commissioners court of a county before the district may be created.
SECTION 2. Section 661.003, Local Government Code, as added
by this Act, applies only to a special district, as defined by
Section 661.001, Local Government Code, as added by this Act,
created on or after the effective date of this Act.
SECTION 3. This Act takes effect on the 91st day after the
last day of the legislative session.