1-1 By: Eiland (Senate Sponsor - Patterson) H.B. No. 3224 1-2 (In the Senate - Received from the House May 5, 1997; 1-3 May 6, 1997, read first time and referred to Committee on 1-4 Intergovernmental Relations; May 15, 1997, reported favorably by 1-5 the following vote: Yeas 11, Nays 0; May 15, 1997, sent to 1-6 printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the dissolution of a beach park board of trustees. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 62, Natural Resources Code, is amended by 1-12 adding Subchapter F to read as follows: 1-13 SUBCHAPTER F. DISSOLUTION OF BOARD 1-14 Sec. 62.161. ORDER CALLING ELECTION TO DISSOLVE; NOTICE OF 1-15 ELECTION. (a) The commissioners court may order an election to 1-16 dissolve a board. 1-17 (b) The commissioners court shall give notice of the 1-18 election. The notice must include: 1-19 (1) the name of the board; 1-20 (2) the proposal that the board be dissolved; and 1-21 (3) the place, date, and time of the election. 1-22 (c) The notice shall be published in a newspaper of general 1-23 circulation in the county once a week for two consecutive weeks. 1-24 The first publication must occur not later than the 21st day before 1-25 the date on which the election will be held. 1-26 Sec. 62.162. ELECTION TO DISSOLVE. (a) An election to 1-27 dissolve a board shall be held on the first authorized uniform 1-28 election date prescribed by the Election Code that allows 1-29 sufficient time to comply with the requirements of law and that 1-30 occurs after the date on which the commissioners court orders the 1-31 election. 1-32 (b) The ballot shall be printed to provide for voting for or 1-33 against the following: "Dissolving the (name of county) Beach Park 1-34 Board of Trustees and transferring its parks jurisdiction, assets 1-35 and liabilities to the (name of county) Commissioners Court." 1-36 (c) A copy of the tabulation of results shall be filed with 1-37 the county clerk of the county in which the board is located. 1-38 (d) If a majority of those voting at the election vote to 1-39 dissolve the board, the board and the commissioners court shall 1-40 proceed with dissolution. An election to create a new board under 1-41 this chapter in that county may not be held for at least one year 1-42 after dissolution. 1-43 (e) If a majority of those voting at the election vote 1-44 against dissolving the board, the commissioners court may not order 1-45 another election on the issue before the first anniversary of the 1-46 date of the canvass of the election. 1-47 Sec. 62.163. ADMINISTRATION OF PROPERTY, DEBTS, AND ASSETS 1-48 AFTER DISSOLUTION. (a) After a vote to dissolve a board, the 1-49 board shall continue to control and administer the property, debts, 1-50 and assets of the board until: 1-51 (1) the board executes and files a written assignment 1-52 of all its property, debts, and assets to the commissioners court; 1-53 and 1-54 (2) the commissioners court executes and files in its 1-55 minutes an acceptance and assumption of the property, debts, and 1-56 assets of the board. 1-57 (b) The assignment prescribed by Subsection (a) must be 1-58 filed with the commissioners court not later than the 30th day 1-59 after the date of the canvass of the election. 1-60 (c) After the commissioners court determines that the 1-61 requirements of this section have been fulfilled, the commissioners 1-62 court shall enter an order dissolving the board. 1-63 (d) Each trustee is discharged from liability under the 1-64 trustee's bond on entry of the order prescribed by Subsection (c). 2-1 (e) An employee or contract of the board becomes an employee 2-2 or contract of the county, acting by and through its commissioners 2-3 court, on entry of the order prescribed by Subsection (c). 2-4 SECTION 2. EMERGENCY. The importance of this legislation 2-5 and the crowded condition of the calendars in both houses create an 2-6 emergency and an imperative public necessity that the 2-7 constitutional rule requiring bills to be read on three several 2-8 days in each house be suspended, and this rule is hereby suspended, 2-9 and that this Act take effect and be in force from and after its 2-10 passage, and it is so enacted. 2-11 * * * * *