1-1 By: Zaffirini S.B. No. 488
1-2 (In the Senate - Filed February 25, 1993; March 1, 1993, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 March 24, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 3; March 24, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla x
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan x
1-17 Wentworth x
1-18 COMMITTEE SUBSTITUTE FOR S.B. No. 488 By: Zaffirini
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the creation, administration, powers, duties,
1-22 operation, and financing of children's resource districts;
1-23 authorizing a tax.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Subtitle B, Title 3, Human Resources Code, is
1-26 amended by adding Chapter 71 to read as follows:
1-27 CHAPTER 71. CHILDREN'S RESOURCE DISTRICTS
1-28 SUBCHAPTER A. GENERAL PROVISIONS
1-29 Sec. 71.001. DEFINITIONS. In this chapter:
1-30 (1) "Board" means the board of directors of the
1-31 district.
1-32 (2) "District" means a children's resource district
1-33 created or to be created under this chapter.
1-34 (3) "Director" means a member of the board.
1-35 Sec. 71.002. DISTRICT AUTHORIZATION. A children's resource
1-36 district may be created and, if created, must be maintained,
1-37 operated, and financed in the manner provided by Article III,
1-38 Section 48-f, of the Texas Constitution and by this chapter.
1-39 (Sections 71.003 to 71.020 reserved for expansion
1-40 SUBCHAPTER B. CREATION OF DISTRICT
1-41 Sec. 71.021. PETITION FOR CREATION OF DISTRICT. (a) Before
1-42 a district that contains territory located only in one county may
1-43 be created, the county judge of that county must receive a petition
1-44 signed by at least 100 registered voters of the territory of the
1-45 proposed district.
1-46 (b) Before a district that contains territory located in
1-47 more than one county may be created, the county judge of each
1-48 county in which the proposed district will be located must receive
1-49 a petition signed by at least 100 registered voters of the
1-50 territory of the county in which the judge presides and of the
1-51 proposed district.
1-52 (c) If there are fewer than 100 registered voters in any
1-53 area for which a separate petition must be filed, the petition must
1-54 be signed by a majority of the registered voters in the area.
1-55 Sec. 71.022. CONTENTS OF PETITION. (a) The petition
1-56 prescribed by Section 71.021 must show:
1-57 (1) that the district is to be created and is to
1-58 operate under Article III, Section 48-f, of the Texas Constitution;
1-59 (2) the name of the proposed district;
1-60 (3) the district's boundaries as designated by metes
1-61 and bounds or other sufficient legal description;
1-62 (4) that none of the territory in the district is
1-63 included in another children's resource district;
1-64 (5) whether the permanent directors will be appointed
1-65 or elected and:
1-66 (A) if the directors are to be appointed, who
1-67 will appoint the directors and how the directors will be appointed;
1-68 or
2-1 (B) if the directors are to be elected, the
2-2 method by which the permanent directors will be elected, whether at
2-3 large, from single-member subdistricts, or both, so that a specific
2-4 number of directors are elected from each subdistrict and a
2-5 specific number are elected at large;
2-6 (6) the names of the temporary directors the
2-7 commissioners court must appoint under Section 71.030 or a request
2-8 that the commissioners court appoint temporary directors, if the
2-9 permanent directors are to be elected;
2-10 (7) the maximum tax rate to be voted on at the
2-11 creation election, which may not exceed 10 cents on the $100
2-12 valuation of all taxable property in the district; and
2-13 (8) the mailing address of each petitioner.
2-14 (b) If the directors are to be elected, the petition must
2-15 provide for the appointment of the same number of temporary
2-16 directors as there will be permanent directors.
2-17 (c) The petition may provide the number of directors for the
2-18 district, which number must be an odd number.
2-19 Sec. 71.023. FILING OF PETITION; HEARING; ORDERING ELECTION.
2-20 (a) If the petition is in proper form, the county judge shall
2-21 receive the petition and shall file the petition with the county
2-22 clerk.
2-23 (b) At the next regular or special session of the
2-24 commissioners court held after the petition is filed with the
2-25 county clerk, the commissioners court shall set a place, date, and
2-26 time for the hearing to consider the petition.
2-27 (c) The county clerk shall issue a notice of the hearing in
2-28 accordance with the open meetings law, Chapter 271, Acts of the
2-29 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
2-30 Texas Civil Statutes).
2-31 (d) At the time and place set for the hearing, the
2-32 commissioners court shall consider the petition. The commissioners
2-33 court shall grant the petition if the court finds that the petition
2-34 is in proper form and contains the information required by Section
2-35 71.022.
2-36 (e) If a petition is granted, the commissioners court shall
2-37 order an election to confirm the district's creation and to
2-38 authorize the levy of a tax not to exceed the amount prescribed by
2-39 the petition on each $100 of the taxable value of all taxable
2-40 property in the district.
2-41 (f) If the petition indicates that the proposed district
2-42 will contain territory in more than one county, the commissioners
2-43 courts may not order an election until the commissioners court of
2-44 each county in which the district will be located has granted the
2-45 petition. The elections must be held on the same day.
2-46 (g) The election shall be held after the 45th day and on or
2-47 before the 60th day after the date the election is ordered.
2-48 (h) Section 41.001(a), Election Code, does not apply to an
2-49 election ordered under this section.
2-50 Sec. 71.024. ELECTION ORDER. The order calling the election
2-51 must state:
2-52 (1) the nature of the election, including the
2-53 proposition that is to appear on the ballot;
2-54 (2) the date of the election;
2-55 (3) the hours during which the polls will be open; and
2-56 (4) the location of the polling places.
2-57 Sec. 71.025. NOTICE. (a) The commissioners court shall
2-58 give notice of the election by publishing a substantial copy of the
2-59 election order in a newspaper with general circulation in the
2-60 proposed district once a week for two consecutive weeks.
2-61 (b) The first publication must appear before the 35th day
2-62 before the date set for the election.
2-63 Sec. 71.026. BALLOT PROPOSITION. The ballot for the
2-64 election shall be printed to permit voting for or against the
2-65 proposition: "The creation of the ____________ (name of district)
2-66 Children's Resource District and the levy of annual taxes at a rate
2-67 not to exceed __________ (insert the amount prescribed by the
2-68 petition, not to exceed 10 cents) cents on each $100 valuation of
2-69 all taxable property in the district."
2-70 Sec. 71.027. ELECTION RESULT. (a) Except as provided by
3-1 Subsections (b) and (c), a district is created and organized under
3-2 this chapter if a majority of the votes cast in the election favor
3-3 creation of the district.
3-4 (b) If the proposed district contains territory in more than
3-5 one county, a majority of the votes cast in each county must also
3-6 favor creation of the district.
3-7 (c) If a majority of the votes cast in a county within the
3-8 proposed district are against the creation of the district and a
3-9 majority of the votes cast in the remaining county or counties
3-10 favor creation of the district, the district may be created only in
3-11 the counties voting in favor of the proposed district.
3-12 (d) If the creation of the district is defeated, another
3-13 election on the question of creating the district may not be held
3-14 before the first anniversary of the most recent election concerning
3-15 the creation of the district.
3-16 Sec. 71.028. COMMISSIONERS COURT ORDER. When a district is
3-17 created, the commissioners court of each county in which the
3-18 district is located shall enter an order in its minutes that reads
3-19 substantially as follows:
3-20 "Whereas, at an election held on the ________ day of
3-21 __________, ____ (year), in that part of __________ County, State
3-22 of Texas, described as (insert description unless the district is
3-23 countywide), there was submitted to the qualified voters the
3-24 question of whether that territory should be formed into a
3-25 children's resource district under state law; and
3-26 "Whereas, at the election _______ votes were cast in favor of
3-27 formation of the district and _______ votes were cast against
3-28 formation; and
3-29 "Whereas, the formation of the children's resource district
3-30 received the affirmative vote of the majority of the votes cast at
3-31 the election as provided by law;
3-32 "Now, therefore, the Commissioners Court of __________
3-33 County, State of Texas, finds and orders that the tract described
3-34 in this order has been duly and legally formed into a children's
3-35 resource district (or a portion thereof) under the name of
3-36 __________, under Article III, Section 48-f, of the Texas
3-37 Constitution, and has the powers vested by law in the district."
3-38 Sec. 71.029. OVERLAPPING DISTRICTS. (a) If the territory
3-39 in one or more districts overlaps, the commissioners court of the
3-40 county in which the most recently created district is located by
3-41 order shall exclude the overlapping territory from that district.
3-42 (b) For purposes of this section, a district is created on
3-43 the date the election approving its creation is held. If the
3-44 elections approving the creation of two or more districts are held
3-45 on the same date, the most recently created district is the
3-46 district for which the hearing required by Section 71.023 was most
3-47 recently held.
3-48 (c) The fact that a district is created with boundaries that
3-49 overlap the boundaries of another district does not affect the
3-50 validity of either district.
3-51 Sec. 71.030. TEMPORARY DIRECTORS. (a) If the permanent
3-52 directors are to be elected, the commissioners court shall appoint
3-53 the temporary directors of the district on the date a commissioners
3-54 court enters the order required by Section 71.028.
3-55 (b) If the petition prescribed by Section 71.021
3-56 specifically names temporary directors, the commissioners court
3-57 shall name those persons to serve as temporary directors of the
3-58 district. If the petition requests that the commissioners court
3-59 appoint the temporary directors, the court shall appoint the
3-60 appropriate number of persons to serve as temporary directors of
3-61 the district. If the petition fails to name or state the number of
3-62 directors, there are five directors.
3-63 (c) If the district is located in more than one county, the
3-64 commissioners courts shall each appoint a percentage of temporary
3-65 directors equal to the ratio that the number of district residents
3-66 in the county bears to the total number of district residents.
3-67 (d) The temporary directors serve as directors of the
3-68 district from the time the district is created under Section 71.027
3-69 until a majority of the elected directors take office.
3-70 (e) The commissioners court shall fill a vacancy in the
4-1 office of temporary director by appointment.
4-2 (Sections 71.031 to 71.040 reserved for expansion
4-3 SUBCHAPTER C. DISTRICT ADMINISTRATION
4-4 Sec. 71.041. BOARD OF DIRECTORS. The directors shall be
4-5 appointed or elected in accordance with the petition prescribed by
4-6 Section 71.021.
4-7 Sec. 71.042. INITIAL DIRECTORS' APPOINTMENT. (a) If the
4-8 directors are to be appointed, the initial directors shall be
4-9 appointed on or before the date a commissioners court enters the
4-10 order required by Section 71.028. If the petition fails to state
4-11 the number of directors, there are five directors.
4-12 (b) The initial directors shall draw lots to determine which
4-13 directors shall serve four-year terms and which directors shall
4-14 serve two-year terms. The directors shall draw lots so that the
4-15 number of directors equal to half of the directors plus one serve
4-16 four-year terms and the remaining directors serve two-year terms.
4-17 (c) Successor directors are appointed in the same manner as
4-18 the original appointment and serve four-year terms.
4-19 Sec. 71.043. INITIAL DIRECTORS' ELECTION. (a) If the
4-20 directors are to be elected, the initial directors shall be elected
4-21 at an election to be held on the first Saturday in May in the first
4-22 even-numbered year following the creation of the district.
4-23 (b) If the directors are to be elected at large, the
4-24 appropriate number of candidates receiving the highest number of
4-25 votes at the initial election of directors are directors for the
4-26 district.
4-27 (c) If the directors are to be elected from single-member
4-28 subdistricts, the candidate for a subdistrict receiving the highest
4-29 number of votes for election to that subdistrict is a director for
4-30 that subdistrict.
4-31 (d) If the directors are to be elected from subdistricts and
4-32 at large:
4-33 (1) the candidate for a subdistrict who receives the
4-34 highest number of votes from a subdistrict is a director for that
4-35 subdistrict; and
4-36 (2) the number of candidates equal to the number of
4-37 directors to be elected at large who receive the highest number of
4-38 votes from the district at large are directors for the district at
4-39 large.
4-40 (e) The initial directors shall draw lots to determine which
4-41 directors shall serve four-year terms and which directors shall
4-42 serve two-year terms. The directors shall draw lots so that the
4-43 number of directors equal to half of the directors plus one serve
4-44 four-year terms and the remaining directors serve two-year terms.
4-45 (f) An election shall be held on the first Saturday in May
4-46 in each even-numbered year to elect the appropriate number of
4-47 successor directors for four-year terms.
4-48 Sec. 71.044. ELECTION BY SUBDISTRICTS. (a) If some or all
4-49 of the directors are to be elected from subdistricts, the temporary
4-50 directors shall establish the subdistricts from which the directors
4-51 are elected. The subdistricts must be contiguous and substantially
4-52 equal in population, according to the most recent federal decennial
4-53 census.
4-54 (b) One director shall be elected from each subdistrict.
4-55 (c) Except as provided by Section 71.043(e) and Subsection
4-56 (d), each director is elected for a four-year term.
4-57 (d) The board shall revise each subdistrict after the
4-58 publication of each federal decennial census to reflect population
4-59 changes. At the first election after the subdistricts are revised,
4-60 a new directors' election shall be held. The directors shall draw
4-61 lots to determine which directors shall serve two-year terms and
4-62 which directors shall serve four-year terms in accordance with
4-63 Section 71.043(e).
4-64 Sec. 71.045. CHANGE FROM APPOINTING TO ELECTING DIRECTORS.
4-65 (a) If the directors are appointed, the board may, on its own
4-66 motion, order that the district change to a system of electing the
4-67 directors.
4-68 (b) The board shall order that the district change to a
4-69 system of electing the directors if:
4-70 (1) each appointing authority passes a resolution
5-1 calling for the election of the directors; or
5-2 (2) the board receives a petition signed by at least
5-3 30 percent of the registered voters of the district calling for the
5-4 election of the directors.
5-5 (c) If the district is to change to a system of electing the
5-6 directors, the initial elected directors shall be elected at an
5-7 election to be held on the first Saturday in May in the first
5-8 even-numbered year following the date the order is made, the
5-9 resolution is passed, or the petition is received. The board by
5-10 order may postpone the election date until the second even-numbered
5-11 year if:
5-12 (1) the election will occur within 60 days after the
5-13 date the order is made, the resolution is passed, or the petition
5-14 is received; or
5-15 (2) the board determines that there is not sufficient
5-16 time to comply with the requirements of law and to order the
5-17 election.
5-18 (d) The directors must be elected from single-member
5-19 subdistricts in accordance with the provisions of this subchapter
5-20 relating to the initial and subsequent election of directors from
5-21 single-member subdistricts.
5-22 Sec. 71.046. NOTICE OF ELECTION. Before the 35th day before
5-23 the date of an election of directors, notice of the election shall
5-24 be published one time in a newspaper with general circulation in
5-25 the district.
5-26 Sec. 71.047. APPLICATION. (a) A person who wishes to have
5-27 the person's name printed on the ballot as a candidate for director
5-28 must file an application with the secretary of the board.
5-29 (b) If directors are elected from single-member
5-30 subdistricts, the application must specify the subdistrict for
5-31 which the applicant is to be a candidate.
5-32 (c) If the directors are elected from single-member
5-33 subdistricts and at large, the application must specify:
5-34 (1) the single-member subdistrict the candidate wishes
5-35 to represent; or
5-36 (2) that the candidate wishes to represent the
5-37 district at large.
5-38 Sec. 71.048. QUALIFICATIONS FOR OFFICE. (a) To be eligible
5-39 to be a candidate for or to serve as an elected or appointed
5-40 director, a person must be:
5-41 (1) a resident of the district; and
5-42 (2) a qualified voter.
5-43 (b) In addition to the qualifications required by Subsection
5-44 (a), if directors are elected from single-member subdistricts, a
5-45 person who is elected from a subdistrict or who is appointed to
5-46 fill a vacancy for a subdistrict must be a resident of that
5-47 subdistrict.
5-48 (c) An employee of the district may not serve as a director.
5-49 Sec. 71.049. BOND. (a) Before assuming the duties of the
5-50 office, each director must execute a bond for $5,000 payable to the
5-51 district, conditioned on the faithful performance of the person's
5-52 duties as director.
5-53 (b) The bond shall be kept in the permanent records of the
5-54 district.
5-55 (c) The board may pay for directors' bonds with district
5-56 funds.
5-57 Sec. 71.050. BOARD VACANCY. (a) A vacancy in the office of
5-58 an elected director shall be filled for the unexpired term by
5-59 appointment by the remaining directors.
5-60 (b) A vacancy in the office of an appointed director shall
5-61 be filled in the same manner as the original appointment for the
5-62 unexpired term.
5-63 Sec. 71.051. OFFICERS. (a) The board shall elect from
5-64 among its members a president and a vice-president.
5-65 (b) The board shall appoint a secretary who need not be a
5-66 director.
5-67 Sec. 71.052. OFFICERS' TERMS; VACANCY. (a) Each officer of
5-68 the board serves for a term of one year.
5-69 (b) The board shall fill a vacancy in a board office for the
5-70 unexpired term.
6-1 Sec. 71.053. COMPENSATION. (a) Directors and officers
6-2 serve without compensation but may be reimbursed for actual
6-3 expenses incurred in the performance of official duties.
6-4 (b) Expenses reimbursed under this section must be:
6-5 (1) reported in the district's minute book or other
6-6 district records; and
6-7 (2) approved by the board.
6-8 Sec. 71.054. VOTING REQUIREMENT. A majority of the members
6-9 of the board voting must concur in a matter relating to the
6-10 business of the district.
6-11 Sec. 71.055. GENERAL MANAGER; PERSONNEL. (a) The board may
6-12 employ a general manager for a term and salary set by the board.
6-13 (b) The general manager is the chief executive officer of
6-14 the district. Under policies established by the board, the general
6-15 manager is responsible to the board for:
6-16 (1) administering the directives of the board;
6-17 (2) keeping the district's records, including minutes
6-18 of the board's meetings;
6-19 (3) coordinating with state, federal, and local
6-20 agencies;
6-21 (4) developing plans and programs for the board's
6-22 approval;
6-23 (5) hiring, supervising, training, and discharging
6-24 district employees;
6-25 (6) contracting for or retaining technical, legal,
6-26 fiscal, and other professional services; and
6-27 (7) performing any other duty assigned to the general
6-28 manager by the board.
6-29 (c) The board may discharge the general manager on a
6-30 majority vote of all of the voting directors.
6-31 Sec. 71.056. DIRECTOR'S AND EMPLOYEE'S BONDS. (a) The
6-32 general manager and each employee of the district charged with the
6-33 collection, custody, or payment of any money of the district shall
6-34 execute a fidelity bond by a corporate surety duly authorized in
6-35 this state. The board shall approve the form, amount, and surety
6-36 of the bond.
6-37 (b) The district shall pay the premiums on the employees'
6-38 bonds under this section.
6-39 Sec. 71.057. PRINCIPAL OFFICE. The district shall maintain
6-40 its principal office inside the district's boundaries.
6-41 Sec. 71.058. RECORDS. (a) The district shall keep complete
6-42 and accurate accounts of its business transactions in accordance
6-43 with generally accepted methods of accounting.
6-44 (b) The district shall keep complete and accurate minutes of
6-45 its meetings.
6-46 (c) The district shall maintain its accounts, contracts,
6-47 documents, minutes, and other records at its principal office.
6-48 Sec. 71.059. CONTRACTS. The board may enter into contracts
6-49 for administration or services as provided by this chapter, and
6-50 those contracts shall be executed by the board in the name of the
6-51 district.
6-52 Sec. 71.060. SUITS; PAYMENT OF JUDGMENTS. (a) The district
6-53 may, through its board, sue and be sued in any court of this state
6-54 in the name of the district. Service of process in a suit may be
6-55 had by serving the general manager or other officers appointed by
6-56 the board.
6-57 (b) The courts of this state shall take judicial notice of
6-58 the creation of the district.
6-59 (c) A court of this state that renders a money judgment
6-60 against the district may require the board to pay the judgment from
6-61 money in the district depository that is not dedicated to the
6-62 payment of any indebtedness of the district.
6-63 Sec. 71.061. SEAL. The board shall adopt a seal for the
6-64 district and may alter the form of the seal from time to time.
6-65 (Sections 71.062 to 71.080 reserved for expansion
6-66 SUBCHAPTER D. POWERS AND DUTIES
6-67 Sec. 71.081. DUTIES. The district shall:
6-68 (1) provide, by contract or grant, funds for services
6-69 and activities for children;
6-70 (2) promote sound public policy regarding the problems
7-1 of children and the need for services and activities for children;
7-2 (3) promote and facilitate the identification,
7-3 development, coordination, and delivery of services and activities
7-4 for children;
7-5 (4) monitor and assess the effectiveness of programs
7-6 providing services or activities for children;
7-7 (5) recommend the role that each public and private
7-8 entity in the district should have in providing children's services
7-9 and activities;
7-10 (6) facilitate coordination of local services and
7-11 activities for children; and
7-12 (7) encourage cooperative, comprehensive, and
7-13 complementary planning among public, private, and volunteer
7-14 individuals and organizations engaged in providing services and
7-15 activities for children.
7-16 Sec. 71.082. LIMITATION ON POWERS. The district may not
7-17 directly provide services or activities for children.
7-18 Sec. 71.083. ANNUAL PLAN. (a) The district shall prepare
7-19 and approve an annual plan for expending funds for children's
7-20 services and activities.
7-21 (b) The plan must establish funding priorities for programs
7-22 and activities for children.
7-23 Sec. 71.084. GRANTS. (a) The district may award grants to
7-24 fund services and activities for children in the district.
7-25 (b) Any person, including a person who receives funds from
7-26 other governmental entities, may apply for a grant under this
7-27 section. The district may award grants that continue for one year.
7-28 The district may renew a grant.
7-29 (c) The district shall develop:
7-30 (1) eligibility criteria for applicants;
7-31 (2) grant application procedures;
7-32 (3) guidelines relating to grant amounts; and
7-33 (4) procedures for evaluating grant applications.
7-34 (d) The district may require a grant applicant to match a
7-35 grant in a ratio determined by the district. A person may not use
7-36 funds received from the district to meet a match requirement.
7-37 (e) The district shall develop criteria for disqualifying a
7-38 director from participating in a decision relating to an
7-39 application for a grant if the director is an employee, board
7-40 member, or officer of the applicant.
7-41 Sec. 71.085. FUNDING BY OTHER GOVERNMENTAL ENTITY. The
7-42 state or a political subdivision of the state may not reduce
7-43 funding for a program as a result of the program receiving a grant
7-44 under this subchapter.
7-45 Sec. 71.086. GIFTS, GRANTS, LOANS, AND OTHER FUNDS. To
7-46 carry out any purposes or powers under this chapter, the district
7-47 may apply for, accept, receive, and administer gifts, grants,
7-48 loans, and other funds available from any source.
7-49 Sec. 71.087. CONSULTATION, CONTRACTS, AND COOPERATION WITH
7-50 OTHER GOVERNMENTAL AGENCIES AND ENTITIES. To carry out any
7-51 purposes or powers under this chapter, the district may advise,
7-52 consult, contract, and cooperate with the federal government and
7-53 its agencies, the state and its agencies, local governments, and
7-54 private entities.
7-55 Sec. 71.088. CONTRACTS FOR PURCHASE OF VEHICLES, EQUIPMENT,
7-56 AND SUPPLIES OVER $10,000. (a) If the estimated amount of a
7-57 proposed contract for the purchase of vehicles, equipment, or
7-58 supplies is more than $10,000, the board shall ask for competitive
7-59 bids as provided by Subchapter B, Chapter 271, Local Government
7-60 Code.
7-61 (b) This section does not apply to purchases of property
7-62 from public agencies or to contracts for personal or professional
7-63 services.
7-64 Sec. 71.089. METHODS AND PROCEDURES. The board may
7-65 prescribe:
7-66 (1) the method of making purchases and expenditures by
7-67 and for the district; and
7-68 (2) accounting and control procedures for the
7-69 district.
7-70 (Sections 71.090 to 71.100 reserved for expansion
8-1 SUBCHAPTER E. CHANGE IN BOUNDARIES OR
8-2 DISSOLUTION OF DISTRICT
8-3 Sec. 71.101. EXPANSION OF DISTRICT TERRITORY.
8-4 (a) Registered voters of a defined territory that is not included
8-5 in a district may file a petition with the secretary of the board
8-6 requesting the inclusion of the territory in the district. The
8-7 petition must be signed by at least 50 registered voters of the
8-8 territory or a majority of those voters, whichever is less.
8-9 (b) The board by order shall set a time and place to hold a
8-10 hearing on the petition to include the territory in the district.
8-11 The board shall set a date for the hearing that is after the 30th
8-12 day after the date the board issues the order.
8-13 (c) If after the hearing the board finds that annexation of
8-14 the territory into the district would be feasible and would benefit
8-15 the district, the board may approve the annexation by a resolution
8-16 entered in its minutes. The board is not required to include all
8-17 of the territory described in the petition if the board finds that
8-18 a modification or change is necessary or desirable.
8-19 (d) Annexation of territory is final when approved by a
8-20 majority of the voters at an election held in the district and by a
8-21 majority of the voters at a separate election held in the territory
8-22 to be annexed. If the district has outstanding debts or taxes, the
8-23 voters in the election to approve the annexation must also
8-24 determine if the annexed territory will assume its proportion of
8-25 the debts or taxes if added to the district.
8-26 (e) The election ballots shall be printed to provide for
8-27 voting for or against the following, as applicable:
8-28 (1) "Adding (description of territory to be added) to
8-29 the __________ Children's Resource District."
8-30 (2) "(Description of territory to be added) assuming
8-31 its proportionate share of the outstanding debts and taxes of the
8-32 __________ Children's Resource District, if it is added to the
8-33 district."
8-34 (f) The election shall be held after the 45th day and on or
8-35 before the 60th day after the date the election is ordered. The
8-36 election shall be ordered and notice of the election shall be given
8-37 in the same manner as provided by Sections 71.024 and 71.025 for
8-38 ordering and giving notice of an election authorizing creation of
8-39 the district. Section 41.001(a), Election Code, does not apply to
8-40 an election held under this section.
8-41 Sec. 71.102. DISSOLUTION. (a) A district may be dissolved
8-42 as provided by this section.
8-43 (b) The board may order an election on the question of
8-44 dissolving the district and disposing of the district's assets and
8-45 obligations. The board shall order an election if the board
8-46 receives a petition requesting an election that is signed by a
8-47 number of residents of the district equal to at least 15 percent of
8-48 the registered voters in the district.
8-49 (c) The election shall be held not later than the 60th day
8-50 after the date the election is ordered. Section 41.001(a),
8-51 Election Code, does not apply to an election ordered under this
8-52 section.
8-53 (d) The ballot for the election shall be printed to permit
8-54 voting for or against the proposition: "The dissolution of the
8-55 _________ Children's Resource District." The election shall be
8-56 held in accordance with the applicable provisions of the Election
8-57 Code.
8-58 (e) If a majority of the votes in the election favor
8-59 dissolution, the board shall find that the district is dissolved.
8-60 If a majority of the votes in the election do not favor
8-61 dissolution, the board shall continue to administer the district,
8-62 and another election on the question of dissolution may not be held
8-63 before the first anniversary of the most recent election to
8-64 dissolve the district.
8-65 Sec. 71.103. TRANSFER OF ASSETS AFTER DISSOLUTION. (a) If
8-66 a majority of the votes in the election favor dissolution, the
8-67 board shall:
8-68 (1) transfer the land, buildings, improvements,
8-69 equipment, and other assets that belong to the district to a county
8-70 or another governmental entity in the district; or
9-1 (2) administer the property, assets, and debts in
9-2 accordance with Section 71.104.
9-3 (b) If the district transfers the land, buildings,
9-4 improvements, equipment, and other assets to a county or other
9-5 governmental entity, the county or entity assumes all debts and
9-6 obligations of the district at the time of the transfer, and the
9-7 district is dissolved.
9-8 Sec. 71.104. ADMINISTRATION OF PROPERTY, DEBTS, AND ASSETS
9-9 AFTER DISSOLUTION. (a) If the district does not transfer the
9-10 land, buildings, improvements, equipment, and other assets to a
9-11 county or another governmental entity in the district, the board
9-12 shall continue to control and administer the property, debts, and
9-13 assets of the district until all funds have been disposed of and
9-14 all district debts have been paid or settled.
9-15 (b) After the board finds that the district is dissolved,
9-16 the board shall:
9-17 (1) determine the debt owed by the district; and
9-18 (2) impose on the property included in the district's
9-19 tax rolls a tax that is in proportion of the debt to the property
9-20 value.
9-21 (c) The board may institute a suit to enforce payment of
9-22 taxes and to foreclose liens to secure the payment of taxes due the
9-23 district.
9-24 Sec. 71.105. RETURN OF SURPLUS TAX MONEY. (a) When all
9-25 outstanding debts and obligations of the district are paid, the
9-26 board shall order the secretary to return the pro rata share of all
9-27 unused tax money to each district taxpayer.
9-28 (b) A taxpayer may request that the taxpayer's share of
9-29 surplus tax money be credited to the taxpayer's county taxes. If a
9-30 taxpayer requests the credit, the board shall direct the secretary
9-31 to transmit the funds to the county tax assessor-collector.
9-32 Sec. 71.106. REPORT; DISSOLUTION ORDER. (a) After the
9-33 district has paid all its debts and has disposed of all its assets
9-34 and funds as prescribed by Sections 71.104 and 71.105, the board
9-35 shall file a written report with the commissioners court of each
9-36 county in which the district is located setting forth a summary of
9-37 the board's actions in dissolving the district.
9-38 (b) Not later than the 10th day after the date it receives
9-39 the report and determines that the requirements of this section
9-40 have been fulfilled, the commissioners court of each county shall
9-41 enter an order dissolving the district.
9-42 (Sections 71.107 to 71.120 reserved for expansion
9-43 SUBCHAPTER F. DISTRICT FINANCES
9-44 Sec. 71.121. FISCAL YEAR. (a) The district operates on the
9-45 fiscal year established by the board.
9-46 (b) The fiscal year may not be changed if revenue bonds of
9-47 the district are outstanding or more than once in a 24-month
9-48 period.
9-49 Sec. 71.122. ANNUAL AUDIT. The board annually shall have an
9-50 audit made of the financial condition of the district.
9-51 Sec. 71.123. DISTRICT AUDIT AND RECORDS. The annual audit
9-52 and other district records are open to inspection during regular
9-53 business hours at the principal office of the district.
9-54 Sec. 71.124. ANNUAL BUDGET. (a) The administrator of the
9-55 district shall prepare a proposed annual budget for the district.
9-56 (b) The proposed budget must contain a complete financial
9-57 statement, including a statement of:
9-58 (1) the outstanding obligations of the district;
9-59 (2) the amount of cash on hand to the credit of each
9-60 fund of the district;
9-61 (3) the amount of money received by the district from
9-62 all sources during the previous year;
9-63 (4) the amount of money available to the district from
9-64 all sources during the ensuing year;
9-65 (5) the amount of the balances expected at the end of
9-66 the year in which the budget is being prepared;
9-67 (6) the estimated amount of revenues and balances
9-68 available to cover the proposed budget; and
9-69 (7) the estimated tax rate that will be required.
9-70 Sec. 71.125. NOTICE; HEARING; ADOPTION OF BUDGET. (a) The
10-1 board shall hold a public hearing on the proposed annual budget.
10-2 (b) The board shall publish notice of the hearing in a
10-3 newspaper of general circulation in the district not later than the
10-4 10th day before the date of the hearing.
10-5 (c) Any resident of the district is entitled to be present
10-6 and participate at the hearing.
10-7 (d) At the conclusion of the hearing, the board shall adopt
10-8 a budget by acting on the budget proposed by the administrator.
10-9 The board may make any changes in the proposed budget that in its
10-10 judgment the interests of the taxpayers demand.
10-11 (e) The budget is effective only after adoption by the
10-12 board.
10-13 Sec. 71.126. AMENDING BUDGET. After adoption, the annual
10-14 budget may be amended on the board's approval.
10-15 Sec. 71.127. LIMITATION OF EXPENDITURES. Money may not be
10-16 spent for an expense not included in the annual budget or an
10-17 amendment to it.
10-18 Sec. 71.128. SWORN STATEMENT. As soon as practicable after
10-19 the close of the fiscal year, the administrator shall prepare for
10-20 the board a sworn statement of the amount of money that belongs to
10-21 the district and an account of the disbursements of that money.
10-22 Sec. 71.129. SPENDING AND INVESTMENT LIMITATIONS. (a) The
10-23 district may not incur a debt payable from revenues of the district
10-24 other than the revenues on hand or to be on hand in the current and
10-25 immediately following fiscal year of the district.
10-26 (b) The board may invest operating reserves only in funds or
10-27 securities specified by Article 836 or 837, Revised Statutes.
10-28 Sec. 71.130. DEPOSITORY. (a) The board shall name at least
10-29 one bank to serve as depository for district funds.
10-30 (b) District funds, other than those invested as provided by
10-31 Section 71.129(b) and those transmitted to a bank of payment for
10-32 obligations issued or assumed by the district, shall be deposited
10-33 as received with the depository bank and must remain on deposit.
10-34 This subsection does not limit the power of the board to place a
10-35 portion of district funds on time deposit or to purchase
10-36 certificates of deposit.
10-37 (c) Before the district deposits funds in a bank in an
10-38 amount that exceeds the maximum amount secured by the Federal
10-39 Deposit Insurance Corporation, the bank must execute a bond or
10-40 other security in an amount sufficient to secure from loss the
10-41 district funds that exceed the amount secured by the Federal
10-42 Deposit Insurance Corporation.
10-43 (Sections 71.131 to 71.140 reserved for expansion
10-44 SUBCHAPTER G. TAXES
10-45 Sec. 71.141. LEVY OF TAXES. (a) The board annually may
10-46 impose property taxes in an amount not to exceed the limit approved
10-47 by the voters at the election authorizing the levy of taxes.
10-48 (b) The tax rate for all purposes may not exceed 10 cents on
10-49 each $100 valuation of all taxable property in the district.
10-50 (c) The taxes may be used to pay:
10-51 (1) the indebtedness issued or assumed by the
10-52 district; and
10-53 (2) the maintenance and operating expenses of the
10-54 district.
10-55 Sec. 71.142. BOARD AUTHORITY. The board may impose taxes
10-56 for the entire year in which the district is created.
10-57 Sec. 71.143. ADOPTING TAX RATE. In adopting the tax rate,
10-58 the board shall consider the income of the district from sources
10-59 other than taxation.
10-60 Sec. 71.144. TAX ASSESSMENT AND COLLECTION. (a) Title 1 of
10-61 the Tax Code governs the appraisal, assessment, and collection of
10-62 district taxes.
10-63 (b) The board may provide for the appointment of a tax
10-64 assessor-collector for the district or may contract for the
10-65 assessment and collection of taxes as provided by the Tax Code.
10-66 SECTION 2. This Act takes effect on the date on which the
10-67 constitutional amendment proposed by S.J.R. No. 21, 73rd
10-68 Legislature, Regular Session, takes effect. If that amendment is
10-69 not approved by the voters, this Act has no effect.
10-70 SECTION 3. The importance of this legislation and the
11-1 crowded condition of the calendars in both houses create an
11-2 emergency and an imperative public necessity that the
11-3 constitutional rule requiring bills to be read on three several
11-4 days in each house be suspended, and this rule is hereby suspended.
11-5 * * * * *
11-6 Austin,
11-7 Texas
11-8 March 24, 1993
11-9 Hon. Bob Bullock
11-10 President of the Senate
11-11 Sir:
11-12 We, your Committee on Health and Human Services to which was
11-13 referred S.B. No. 488, have had the same under consideration, and I
11-14 am instructed to report it back to the Senate with the
11-15 recommendation that it do not pass, but that the Committee
11-16 Substitute adopted in lieu thereof do pass and be printed.
11-17 Moncrief,
11-18 Acting Chair
11-19 * * * * *
11-20 WITNESSES
11-21 FOR AGAINST ON
11-22 ___________________________________________________________________
11-23 Name: Lacey Sloan x
11-24 Representing: Tx Assn Against Sex Assault
11-25 City: Austin
11-26 -------------------------------------------------------------------
11-27 Name: Shannon Noble x
11-28 Representing: Tx Network of Youth Services
11-29 City: Austin
11-30 -------------------------------------------------------------------
11-31 Name: Leticia Van de Putte x x
11-32 Representing: Self
11-33 City: Austin
11-34 -------------------------------------------------------------------
11-35 Name: Leslie Lanham x
11-36 Representing: Children's Defense Fund of Tx
11-37 City: Austin
11-38 -------------------------------------------------------------------