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78R11453 BDH-F


By:  Swinford                                                     H.B. No. 3383

Substitute the following for H.B. No. 3383:                                   

By:  Hardcastle                                               C.S.H.B. No. 3383



A BILL TO BE ENTITLED

AN ACT

relating to agricultural development districts.                               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 60.032, Agriculture Code, is amended by 
adding Subsection (c) to read as follows:
	(c)  If the proposed district contains not more than 25 
registered voters, Section 41.001(a), Election Code, does not apply 
to the election.
	SECTION 2.  Section 60.063, Agriculture Code, is amended by 
amending Subsection (a) and adding Subsections (d) and (e) to read 
as follows:
	(a)  Except as provided by Subsection (e), any [Any] person 
who proposes to sell or convey real property located in a district 
must first give to the purchaser written notice that the property is 
located in the district.  The notice must be given to the 
prospective purchaser prior to execution of a binding contract of 
sale and purchase either separately or as an addendum or paragraph 
of a purchase contract.  The purchaser shall sign the notice as 
evidence of receipt.
	(d)  The board shall prescribe the form for notice under this 
section.
	(e)  A seller is not required to give notice under this 
section if:   
		(1)  the seller is obligated under a written contract 
to furnish to the buyer a title insurance commitment before the 
contract closing; and
		(2)  the purchaser is entitled under the contract to 
terminate the contract because the property is located in a 
district.
	SECTION 3.  Subchapter C, Chapter 60, Agriculture Code, is 
amended by adding Section 60.0631 to read as follows:
	Sec. 60.0631.  FILING INFORMATION.  (a)  A district shall 
file with the department and the county clerk in each county in 
which all or part of the district is located:
		(1)  the form described by Subsection (b);                             
		(2)  a complete and accurate map or plat showing the 
boundaries of the district; and
		(3)  a copy of the form for notice to purchasers 
required by Section 60.063.
	(b)  The information form filed by a district under this 
section must include:
		(1)  the name of the district;                                         
		(2)  a complete and accurate legal description of the 
boundaries of the district;
		(3)  the most recent rate of any assessments in the 
district;        
		(4)  the total amount of any bonds that have been 
approved by the voters of the district, other than refunding bonds 
and any bonds or portion of bonds payable solely from revenues 
received under a contract with a governmental entity;
		(5)  the date on which the election to confirm the 
creation of the district was held; and
		(6)  a statement of the functions performed by the 
district.         
	(c)  The information form and map or plat required by this 
section must be signed by a majority of the members of the board and 
by each board officer before it is filed with the department and 
each appropriate county clerk, and each amendment made to an 
information form, map, or plat must be signed by the members of the 
board and by each board officer.
	(d)  The information form required by this section must be 
filed with each appropriate county clerk and the department not 
later than 48 hours after the district is approved by an election 
under Section 60.032 and the election results are certified.
	(e)  Not later than the seventh day after the date of any 
change in any information contained in the district information 
form, map, or plat, the district shall file with the department and 
each appropriate county clerk an amendment to the information form, 
map, or plat that describes the change.
	(f)  If a district is dissolved, annexed, or consolidated, 
the board shall file with the department and each appropriate 
county clerk a statement of the effective date of the dissolution, 
annexation, or consolidation.  A person who sells or conveys 
property within a dissolved district is not required to give notice 
under Section 60.063.
	SECTION 4.  Not later than September 30, 2003, the board of 
directors of each Texas Agricultural Development District shall 
prescribe a form for notice to purchasers under Section 60.063, 
Agriculture Code, as amended by this Act.
	SECTION 5.  A Texas Agricultural Development District 
established on or before October 1, 2003, shall, not later than 
October 3, 2003, file the information form described by Section 
60.0631, Agriculture Code, as added by this Act.
	SECTION 6.  This Act takes effect September 1, 2003.