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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of special purpose districts and |
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related matters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEFINITIONS. In this Act: |
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(1) "Special purpose district" includes any special |
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district created by general or special law as a political |
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subdivision of this state, including: |
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(A) a conservation and reclamation district |
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created under Section 59, Article XVI, Texas Constitution; |
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(B) a road utility district or a district created |
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to manage water created under Section 52, Article III, Texas |
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Constitution; |
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(C) a hospital district created under Sections 4 |
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through 11, Article IX, Texas Constitution; |
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(D) an airport authority created under Section |
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12, Article IX, Texas Constitution; and |
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(E) a municipal development district created |
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under Chapter 377, Local Government Code. |
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(2) "Internal district" includes any defined area as |
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designated by this state or a political subdivision of this state |
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for special treatment by this state or the political subdivision or |
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to accomplish a purpose of this state or the political subdivision |
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inside that defined area, including: |
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(A) a reinvestment zone for tax increment |
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financing or tax abatement as authorized under Chapter 311 or 312, |
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Tax Code, or other law; |
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(B) an enterprise zone authorized under Chapter |
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2303, Government Code; |
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(C) a defense economic readjustment zone |
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authorized under Chapter 2310, Government Code; |
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(D) an improvement district authorized under |
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Chapter 372, Local Government Code; |
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(E) an area designated for a community |
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development program under Chapter 373, Local Government Code; |
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(F) a homestead preservation district designated |
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or a homestead preservation reinvestment zone created under Chapter |
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373A, Local Government Code; |
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(G) an area designated as a blighted area under |
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Chapter 374, Local Government Code; |
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(H) a neighborhood empowerment zone created |
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under Chapter 378, Local Government Code; |
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(I) a North American Free Trade Agreement impact |
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zone created under Chapter 379, Local Government Code; and |
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(J) a defense base development authority |
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established under Chapter 379B, Local Government Code. |
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SECTION 2. COMMISSIONERS COURT OVERSIGHT. (a) A county |
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commissioners court has oversight authority over a special purpose |
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district or internal district created or operating inside the |
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county's boundaries. |
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(b) A special purpose district or internal district may not |
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be created inside a county's boundaries without giving the |
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commissioners court of the county: |
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(1) notice of the intention to create the special |
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purpose district or internal district; |
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(2) an opportunity to comment on the creation of the |
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special purpose district or internal district; and |
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(3) express oversight authority over the special |
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purpose district or internal district to the extent permitted by |
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the Texas Constitution. |
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(c) The boundaries of a special purpose district or internal |
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district may not be altered inside a county's boundaries without |
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giving the commissioners court of the county: |
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(1) notice of the intention to alter the boundaries; |
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and |
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(2) an opportunity to comment on the alteration. |
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(d) A special purpose district may not convert to a special |
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purpose district of another kind or consolidate with another |
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district without giving the commissioners court of the county: |
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(1) notice of the intention to convert or consolidate; |
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and |
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(2) an opportunity to comment on the conversion or |
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consolidation. |
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SECTION 3. POWERS AND DUTIES OF SPECIAL PURPOSE DISTRICTS, |
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INTERNAL DISTRICTS, OR POLITICAL SUBDIVISIONS. (a) A special |
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purpose district may be given authority to issue, amend, or revoke |
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permits under its jurisdiction and to enforce permit conditions. |
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(b) A county commissioners court may impose on a special |
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purpose district or internal district a duty to report to the court |
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regarding matters related to the jurisdiction or purpose of the |
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special purpose district or internal district. |
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(c) A special purpose district or a political subdivision |
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that creates or establishes an internal district may require a |
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utility to relocate utility facilities at the utility's expense to |
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facilitate the district or subdivision initiating or altering a |
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project in the right-of-way where the utility facilities are |
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located. |
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(d) Bonds to be issued by or on behalf of a special purpose |
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district or internal district are subject to the approval of a |
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county commissioners court. |
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(e) A special purpose district or internal district may |
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initiate recycling programs inside or outside of the boundaries of |
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the district. |
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(f) Peace officers may be employed by or on the behalf of a |
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special purpose district or internal district. |
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(g) To the extent provided by law, a special purpose |
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district or internal district may tax, make assessments against, or |
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impose fees on a person inside the boundaries of the special purpose |
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district or internal district to pay for purposes of the district. |
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(h) A special purpose district or internal district may |
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borrow money to finance purposes of the district. |
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(i) A special purpose district or internal district may |
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change the number or qualifications of the district's governing |
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body. |
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(j) A special purpose district or internal district may |
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alter its boundaries subject to Section 2(c) of this Act. |
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(k) A special purpose district or internal district may |
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contract with other persons to accomplish its purposes. |
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(l) As provided by law, a special purpose district may |
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convert into a special purpose district of another kind or |
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consolidate with another district, subject to Section 2(d) of this |
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Act. |
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(m) A special purpose district or internal district may |
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require of any person a report on a matter related to the purpose |
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for which the district is created. The report must be in the form |
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and include information as required by the district. |
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(n) A special purpose district or internal district may |
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adopt rules to ensure that the purposes for which the district is |
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created may be accomplished. A special purpose district may impose |
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penalties on a person who violates a rule of the district. An |
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internal district's rule may be enforced by the entity that created |
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the district. |
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SECTION 4. ENERGY MATTERS. (a) A special purpose district |
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or internal district, to the extent permissible by law, may engage |
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in activities to promote energy efficiency or the transmission of |
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electric energy inside the district's territory. |
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(b) A special purpose district or internal district shall |
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undertake programs to ensure that its activities are as energy |
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efficient as practicable. |
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(c) A special purpose district or internal district shall |
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undertake programs to educate the public regarding activities the |
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district takes regarding energy and energy efficiency. The |
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programs may also include educational efforts to promote energy |
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conservation or energy efficiency by the members of the public in |
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the district's territory. |
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SECTION 5. RECYCLING AND WASTE DISPOSAL. (a) A special |
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purpose district or internal district may establish recycling or |
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waste disposal programs that are consistent with the purpose for |
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which the district is created. |
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(b) A special purpose district or internal district shall |
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undertake programs to ensure that waste generated by the district's |
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activities is properly disposed of and, to the extent practicable, |
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recycled or reused. |
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SECTION 6. EFFECTIVE DATE. This Act takes effect September |
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1, 2009. |