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.

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