BILL ANALYSIS

Senate Research Center	H.B. 3469
88R11246 ANG-F	By: Sherman, Sr.; Bell, Keith (West)
	Local Government
	5/17/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

What is the reason for this bill?

This matter was raised by local leaders in House District 109, specifically by representatives of Dallas and Kaufman Counties.

What issues does this bill seek to address?

This bill seeks to address the "after-discovered property" after the dissolution of the Bois D'Arc Levee District (district) along the Kaufman-Dallas County border during the 85th Legislative Session, under H.B. 1709. A six-acre tract of land was found on the appraisal belonging to the district, which waits to be disposed of.

How does this bill seek to resolve the issue?

This bill would resolve the issue by amending the Tax Code to allow Kaufman and Dallas Counties to appoint a trustee to transfer "after-discovered property" in the ownership of the Bois D�Arc Levee District.

H.B. 3469 amends current law 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.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. (a) Defines "after-discovered property" and "district."

(b) Requires the commissioners courts of Dallas County and Kaufman County to issue a joint order appointing a trustee or receiver to dispose of after-discovered property. Authorizes the commissioners courts to appoint the trustee or receiver with or without a bond or payment.

(c) Requires the trustee or receiver appointed under Subsection (b) of this section to:

(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) Requires that the money made from the sale or disposition of after-discovered property under this section be used to pay any liability, debt, contract, or other obligation of the Bois D'Arc Island Levee Improvement District of Dallas and Kaufman Counties (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. Requires that any remaining money be distributed equally between Dallas County and Kaufman County.

(e) Provides that the assets of Dallas County and Kaufman County, including tax revenue funds:

(1) are prohibited from being 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) Prohibits anything in this section from being 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. Requires the Texas Commission on Environmental Quality to note in its records that the district has been dissolved.

SECTION 3. Repealer: Effective January 1, 2026, Chapter 7801 (Bois D'Arc Island Levee Improvement District of Dallas and Kaufman Counties), Special District Local Laws Code.

SECTION 4. Effective date: September 1, 2023.