By Eiland H.B. No. 3224
75R9364 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the dissolution of a beach park board of trustees.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 62, Natural Resources Code, is amended by
1-5 adding Subchapter F to read as follows:
1-6 SUBCHAPTER F. DISSOLUTION OF BOARD
1-7 Sec. 62.161. ORDER CALLING ELECTION TO DISSOLVE; NOTICE OF
1-8 ELECTION. (a) The commissioners court may order an election to
1-9 dissolve a board.
1-10 (b) The commissioners court shall give notice of the
1-11 election. The notice must include:
1-12 (1) the name of the board;
1-13 (2) the proposal that the board be dissolved; and
1-14 (3) the place, date, and time of the election.
1-15 (c) The notice shall be published in a newspaper of general
1-16 circulation in the county once a week for two consecutive weeks.
1-17 The first publication must occur not later than the 21st day before
1-18 the date on which the election will be held.
1-19 Sec. 62.162. ELECTION TO DISSOLVE. (a) An election to
1-20 dissolve a board shall be held on the first authorized uniform
1-21 election date prescribed by the Election Code that allows
1-22 sufficient time to comply with the requirements of law and that
1-23 occurs after the date on which the commissioners court orders the
1-24 election.
2-1 (b) The ballot shall be printed to provide for voting for or
2-2 against the following: "Dissolving the (name of county) Beach Park
2-3 Board of Trustees and transferring its parks jurisdiction, assets
2-4 and liabilities to the (name of county) Commissioners Court."
2-5 (c) A copy of the tabulation of results shall be filed with
2-6 the county clerk of the county in which the board is located.
2-7 (d) If a majority of those voting at the election vote to
2-8 dissolve the board, the board and the commissioners court shall
2-9 proceed with dissolution. An election to create a new board under
2-10 this chapter in that county may not be held for at least one year
2-11 after dissolution.
2-12 (e) If a majority of those voting at the election vote
2-13 against dissolving the board, the commissioners court may not order
2-14 another election on the issue before the first anniversary of the
2-15 date of the canvass of the election.
2-16 Sec. 62.163. ADMINISTRATION OF PROPERTY, DEBTS, AND ASSETS
2-17 AFTER DISSOLUTION. (a) After a vote to dissolve a board, the
2-18 board shall continue to control and administer the property, debts,
2-19 and assets of the board until:
2-20 (1) the board executes and files a written assignment
2-21 of all its property, debts, and assets to the commissioners court;
2-22 and
2-23 (2) the commissioners court executes and files in its
2-24 minutes an acceptance and assumption of the property, debts, and
2-25 assets of the board.
2-26 (b) The assignment prescribed by Subsection (a) must be
2-27 filed with the commissioners court not later than the 30th day
3-1 after the date of the canvass of the election.
3-2 (c) After the commissioners court determines that the
3-3 requirements of this section have been fulfilled, the commissioners
3-4 court shall enter an order dissolving the board.
3-5 (d) Each trustee is discharged from liability under the
3-6 trustee's bond on entry of the order prescribed by Subsection (c).
3-7 (e) An employee or contract of the board becomes an employee
3-8 or contract of the county, acting by and through its commissioners
3-9 court, on entry of the order prescribed by Subsection (c).
3-10 SECTION 2. EMERGENCY. The importance of this legislation
3-11 and the crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended,
3-15 and that this Act take effect and be in force from and after its
3-16 passage, and it is so enacted.