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AN ACT
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relating to the authority of municipal management districts to |
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consolidate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 375, Local Government Code, is amended |
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by adding Subchapter P to read as follows: |
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SUBCHAPTER P. CONSOLIDATION OF DISTRICTS |
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Sec. 375.351. CONSOLIDATION OF DISTRICTS. (a) Two or more |
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districts may consolidate into one district under this subchapter |
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if none of the districts to be consolidated has issued bonds or |
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notes secured by assessments or ad valorem taxes, or has levied |
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taxes. |
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(b) To initiate a consolidation, the board of a district |
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shall adopt a resolution proposing a consolidation and deliver a |
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copy of the resolution to the board of each district with which |
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consolidation is proposed. |
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(c) A consolidation under this subchapter occurs if the |
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board of each involved district adopts a resolution containing the |
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terms and conditions for the consolidation. |
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Sec. 375.352. TERMS AND CONDITIONS FOR CONSOLIDATION. (a) |
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The terms and conditions for consolidation must include: |
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(1) adoption of a name for the consolidated district; |
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(2) the number and apportionment of directors to serve |
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on the board of the consolidated district; |
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(3) the effective date of the consolidation; |
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(4) an agreement on finances for the consolidated |
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district, including disposition of funds, property, and other |
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assets of each district; and |
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(5) an agreement on governing the districts during the |
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transition period, including selection of officers. |
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(b) The terms and conditions for consolidation may include |
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any terms or conditions to which the board of each district agrees. |
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Sec. 375.353. NOTICE AND HEARING ON CONSOLIDATION. (a) |
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Each district's board shall publish notice and hold a public |
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hearing in its district regarding the terms and conditions for |
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consolidation of the districts. |
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(b) Notice of the hearing must be published one time in a |
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newspaper of general circulation in the area of each district at |
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least seven days before the date of the hearing. |
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(c) After the hearing, the board by resolution may approve |
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the terms and conditions for consolidation and enter an order |
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consolidating the districts. |
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Sec. 375.354. GOVERNING CONSOLIDATED DISTRICTS. (a) After |
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two or more districts are consolidated, they become one district |
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and are governed as one district. |
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(b) During the transition period, the officers of each |
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district shall continue to act jointly as officers of the original |
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districts to settle the affairs of their respective districts. |
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(c) The consolidated district may exercise the powers of the |
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districts being consolidate within the respective boundaries of the |
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original districts. For land annexed into the consolidated |
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district, the consolidated district may exercise any of the powers |
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of the original districts. |
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Sec. 375.355. DEBTS OF ORIGINAL DISTRICTS. (a) After two |
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or more districts are consolidated, the consolidated district shall |
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protect the debts of the original districts and shall assure that |
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the debts are not impaired. If the consolidated district has taxing |
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authority, the debts may be paid by taxes levied on the land in the |
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original districts as if they had not consolidated or from |
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contributions from the consolidated district on terms stated in the |
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consolidation agreement. |
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(b) If the consolidated district has taxing authority and |
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assumes the bonds, notes, and other obligations of the original |
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districts, taxes may be levied uniformly on all taxable property |
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within the consolidated district to pay the debts. |
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Sec. 375.356. ASSESSMENT AND COLLECTION OF TAXES. If the |
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consolidated district has taxing authority, the district shall |
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assess and collect taxes on all property in the district uniformly, |
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for maintenance and operation of the district. |
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Sec. 375.357. FILING OF ORDER WITH COUNTY CLERK AND |
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EXECUTIVE DIRECTOR. A consolidation order issued by the board |
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shall be kept in the records of the consolidated district, recorded |
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in the office of the county clerk in each of the counties in the |
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consolidated district, and filed with the executive director of the |
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commission. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3009 was passed by the House on May 5, |
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2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3009 on May 29, 2009, by the following vote: Yeas 142, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3009 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |