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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for meetings held and Internet |
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websites developed by certain special purpose districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 403.0241(c), Government Code, is amended |
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to read as follows: |
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(c) For each special purpose district described by |
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Subsection (b), the database must include: |
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(1) the name of the special purpose district; |
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(2) the name of each board member of the special |
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purpose district; |
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(3) contact information for the main office of the |
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special purpose district, including the physical address, the |
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mailing address, and the main telephone number; |
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(4) if the special purpose district employs a person |
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as a general manager or executive director, or in another position |
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to perform duties or functions comparable to those of a general |
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manager or executive director, the name of the employee; |
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(5) if the special purpose district contracts with a |
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utility operator, contact information for a person representing the |
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utility operator, including a mailing address and a telephone |
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number; |
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(6) if the special purpose district contracts with a |
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tax assessor-collector, contact information for a person |
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representing the tax assessor-collector, including a mailing |
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address and telephone number; |
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(7) the special purpose district's Internet website |
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address or, if the district does not maintain an Internet website, |
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the address of any Internet website or websites the district uses to |
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comply with Section 2051.202 of this code and Section 26.18, Tax |
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Code [,if any]; |
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(8) the financial information described by Section |
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140.008(b) or (g), Local Government Code, including any revenue |
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obligations; |
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(9) the total amount of bonds authorized by the voters |
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of the special purpose district that are payable wholly or partly |
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from ad valorem taxes, excluding refunding bonds if refunding bonds |
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were separately authorized and excluding contract revenue bonds; |
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(10) the aggregate initial principal amount of all |
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bonds issued by the special purpose district that are payable |
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wholly or partly from ad valorem taxes, excluding refunding bonds |
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and contract revenue bonds; |
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(11) the rate of any sales and use tax the special |
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purpose district imposes; |
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(12) for a special purpose district that imposes an ad |
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valorem tax: |
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(A) the ad valorem tax rate for the most recent |
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tax year if the district is a district as defined by Section 49.001, |
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Water Code; or |
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(B) the table of ad valorem tax rates for the most |
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recent tax year described by Section 26.16, Tax Code, in the form |
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required by that section, if the district is not a district as |
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defined by Section 49.001, Water Code; and |
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(13) a link to the Internet website described by |
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Section 49.062(g), Water Code, with a plain-language description of |
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how a resident may petition to require that board meetings of |
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certain special purpose districts be held not further than 10 miles |
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from the boundary of the district. |
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SECTION 2. Section 551.1283, Government Code, is amended by |
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adding Subsections (d) and (e) to read as follows: |
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(d) A district that maintains an Internet website shall post |
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on that website links to any other Internet website or websites the |
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district uses to comply with Section 2051.202 of this code and |
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Section 26.18, Tax Code. |
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(e) Nothing in this chapter shall prohibit a district from |
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allowing a person to watch or listen to a board meeting by video or |
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telephone conference call. |
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SECTION 3. Subchapter E, Chapter 2051, Government Code, as |
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added by Chapter 1029 (H.B. 305), Acts of the 86th Legislature, |
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Regular Session, 2019, is redesignated as Subchapter F, Chapter |
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2051, Government Code, and amended to read as follows: |
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SUBCHAPTER F [E]. INTERNET WEBSITE |
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Sec. 2051.201 [2051.151]. [APPLICABILITY OF SUBCHAPTER. |
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Except as provided by Section 2051.152(b), this subchapter applies |
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only to a political subdivision with the authority to impose a tax |
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that at any time on or after January 1, 2019, maintained a publicly |
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accessible Internet website. |
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[Sec. 2051.152.] INFORMATION REQUIRED ON WEBSITE. (a) This |
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section applies only to a political subdivision with the authority |
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to impose a tax that: |
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(1) at any time on or after January 1, 2019, maintained |
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a publicly accessible Internet website; and |
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(2) is not subject to Section 2051.202. |
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(b) A political subdivision to which this section applies |
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shall post on a publicly accessible Internet website the following |
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information: |
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(1) the political subdivision's contact information, |
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including a mailing address, telephone number, and e-mail address; |
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(2) each elected officer of the political subdivision; |
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(3) the date and location of the next election for |
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officers of the political subdivision; |
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(4) the requirements and deadline for filing for |
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candidacy of each elected office of the political subdivision, |
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which shall be continuously posted for at least one year before the |
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election day for the office; |
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(5) each notice of a meeting of the political |
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subdivision's governing body under Subchapter C, Chapter 551; and |
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(6) each record of a meeting of the political |
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subdivision's governing body under Section 551.021. |
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(c) [(b)] Subsections (b)(5) [(a)(5)] and (6) do not apply |
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to: |
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(1) a county with a population of less than 10,000; |
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(2) a municipality with a population of less than |
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5,000 located in a county with a population of less than 25,000; or |
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(3) a school district with a population of less than |
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5,000 in the district's boundaries and located in a county with a |
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population of less than 25,000. |
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Sec. 2051.202. FINANCIAL AND OPERATING INFORMATION OF |
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SPECIAL PURPOSE DISTRICTS. (a) In this section, "special purpose |
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district" means a political subdivision of this state with |
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geographic boundaries that define the subdivision's territorial |
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jurisdiction. The term does not include a municipality, county, |
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junior college district, independent school district, groundwater |
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conservation district, river authority, or political subdivision |
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with statewide jurisdiction. |
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(b) This section applies only to a special purpose district |
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that: |
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(1) is authorized by the state by a general or special |
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law to impose an ad valorem tax; |
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(2) during the most recent fiscal year imposed an ad |
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valorem tax; |
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(3) during the most recent fiscal year: |
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(A) had bonds outstanding; |
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(B) had gross receipts from operations, loans, |
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taxes, or contributions in excess of $250,000; or |
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(C) had cash and temporary investments in excess |
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of $250,000; and |
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(4) at the beginning of the most recent fiscal year, |
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had a population of 500 or more, as determined by the governing body |
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of the special purpose district. |
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(c) Notwithstanding Subsections (a) and (b), this section |
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applies to a district created and operating under Chapter 387, |
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Local Government Code. |
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(d) A special purpose district shall post or cause to be |
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posted on an Internet website the following information, if |
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applicable: |
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(1) the name of the special purpose district; |
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(2) the name and term of office of each member of the |
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governing body of the special purpose district; |
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(3) the contact information for the main office of the |
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special purpose district, including the physical address, the |
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mailing address, and the telephone number; |
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(4) the official contact information for each member |
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of the governing body of the special purpose district; |
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(5) if the special purpose district employs a person |
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as a general manager or executive director, or in another position |
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to perform duties or functions comparable to those of a general |
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manager or executive director, the name of the general manager, |
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executive director, or person that performs those duties; |
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(6) if the special purpose district contracts with a |
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utility operator, the contact information for a person representing |
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the utility operator, including a mailing address and telephone |
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number; |
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(7) if the special purpose district contracts with a |
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tax assessor-collector, the contact information for a person |
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representing the tax assessor-collector, including a mailing |
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address and telephone number; |
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(8) if the special purpose district imposes an ad |
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valorem tax, the rate of the ad valorem tax of the special purpose |
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district; |
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(9) if the special purpose district imposes a sales |
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and use tax, the rate of the sales and use tax of the special purpose |
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district; |
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(10) any notice of tax hearing required to be given |
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under Chapter 26, Tax Code, or Section 49.236, Water Code; |
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(11) the location and schedule of meetings of the |
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governing body of the special purpose district; |
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(12) a statement substantially similar to the |
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following: “Residents of the district have the right to request the |
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designation of a meeting location within the district under Section |
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49.062(g), Water Code. A description of this process can be found at |
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(insert link to the Internet website described by Section |
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49.062(g), Water Code).”; |
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(13) each notice of a meeting of the governing body of |
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the special purpose district under Subchapter C, Chapter 551, for |
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meetings conducted in the current calendar year and the immediately |
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preceding calendar year; |
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(14) the minutes of a public meeting of the governing |
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body of the special purpose district under Section 551.021 for |
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meetings conducted in the current calendar year and the immediately |
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preceding calendar year; and |
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(15) the most recent financial audit of the special |
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purpose district. |
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SECTION 4. Section 49.062, Water Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) Except as provided by Subsection (b-1), the [The] board |
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shall designate one or more places inside or outside the district |
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for conducting the meetings of the board. The meeting place may be a |
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private residence or office, provided that the board, in its order |
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establishing the meeting place, declares the same to be a public |
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place and invites the public to attend any meeting of the board. If |
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the board establishes a meeting place or places outside the |
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district, it shall give notice of the location or locations by |
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filing a true copy of the resolution establishing the location or |
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locations of the meeting place or places and a justification of why |
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the meeting will not be held in the district or within 10 miles of |
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the boundary of the district, if applicable, with the commission |
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and also by publishing notice of the location or locations in a |
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newspaper of general circulation in the district. If the location |
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of any of the meeting places outside the district is changed, notice |
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of the change shall be given in the same manner. |
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(b-1) In this subsection, "rural area district" means a |
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district in which more than half of the district's projected retail |
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water or sewer connections are active and that is not wholly or |
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partly located in a county that as of the 2010 Census had a |
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population of 800,000 or more or bordered a county with a population |
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of 800,000 or more. If the board of a rural area district conducts |
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meetings at least quarterly, the board shall conduct a meeting at a |
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designated meeting location inside the district or within 10 miles |
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of the boundary of the district at least once per quarter. If the |
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board determines that it is not practical to meet within 10 miles of |
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the boundary of the district, the district may conduct the |
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quarterly meeting at another designated meeting place in the county |
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in which the district is located. |
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SECTION 5. Section 49.0631, Water Code, is amended to read |
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as follows: |
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Sec. 49.0631. DISTRICT [MEETING] INFORMATION ON WATER BILL. |
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A district providing potable water or sewer service shall as a part |
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of the district's billing process include on a district's bill to a |
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customer the following statement: "For more information about the |
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district, including information about the district's board and |
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board meetings, please go to the Comptroller's Special Purpose |
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District Public Information Database or (district's Internet |
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website if the district maintains an Internet website, or, if the |
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district does not maintain an Internet website, the Internet |
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website or websites the district uses to comply with Section |
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2051.202, Government Code, and Section 26.18, Tax Code)." The |
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statement may be altered to provide the current Internet website |
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address of [either] the database created under Section 403.0241, |
|
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Government Code, [or] the district, or the Internet website or |
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websites the district uses to comply with Section 2051.202, |
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Government Code, and Section 26.18, Tax Code. |
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SECTION 6. Sections 2051.202(d)(13) and (14), Government |
|
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Code, as added by this Act, apply only to a meeting held by a special |
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purpose district on or after the effective date of this Act. |
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SECTION 7. To the extent of any conflict, this Act prevails |
|
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over another Act of the 87th Legislature, Regular Session, 2021, |
|
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relating to nonsubstantive additions to and corrections in enacted |
|
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codes. |
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SECTION 8. This Act takes effect September 1, 2021. |
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* * * * * |