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By:  Swinford                                                     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 60.033, Agriculture Code, is amended by adding a new subsection (e) to read as follows: (e) If the district contains 25 or fewer registered voters, Section 41.001(a), Election Code, does not apply to the election. SECTION 2. Title 4, Chapter 60, Agriculture Code, is amended by adding a new section 60.631 to read as follows: Sec. 60.631. Filing Information. (a) The district covered by the provisions of Section 60.63 shall file with the county clerk in each of the counties in which all or part of the district is located a duly affirmed and acknowledged information form that includes the information required by Subsection (b), and a complete and accurate map or plat showing the boundaries of the district. (b) The information form filed by a district under this section shall include: (1) the name of the district; (2) the complete and accurate legal description of the boundaries of the district; (3) the most recent rate of assessments in the district; (4) the total amount of bonds that have been approved by the voters and which may be issued by the district (excluding refunding bonds and any bonds or portion of bonds payable solely from revenues received or expected to be received pursuant to a contract with a governmental entity); (5) the date on which the election to confirm the creation of the district was held if such was required; (6) a statement of the functions performed or to be performed by the district; and (7) the particular form of Notice to Purchasers required by Section 60.63 to be furnished by a seller to a purchaser of real property in that district completed by the district with all information required to be furnished by the district. (c) The information form and map or plat required by this section shall be signed by a majority of the members of the board and by each such officer affirmed and acknowledged before it is filed with the county clerk, and each amendment made to an information form or map shall also be signed by the members of the board and by each such officer affirmed and acknowledged before it is filed with the county clerk. (d) The information form required by this section shall be filed with the county clerk within 48 hours after the effective date of this section of within 48 hours after the district is officially created, whichever time comes first. For purposes of this section, the words "officially created" mean the date and hour in which the results of the election to confirm the creation of the district are declared. (e) Within seven days after there is a change in any of the information contained in the district information form, map, or plat, the district shall file an amendment to the information form, map, or plat setting forth the changes made. (f) If a district covered by this section is dissolved, annexed to another local government, or consolidated with another district, the members of the board shall file a statement of this fact together with the effective date of the dissolution, annexation, or consolidation with the information form. After a district is dissolved and the statement is filed under this subsection, a person who sells or conveys property within the dissolved district is no longer required to give notice under Section 60.63. (g) A copy of all information forms, maps, or plats and amendments to these filed under this section shall also be filed within the department. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.