81R13992 JJT-D
 
  By: Coleman H.B. No. 3484
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the powers and duties of special purpose districts and
  related matters.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  DEFINITIONS. In this Act:
               (1)  "Special purpose district" includes any special
  district created by general or special law as a political
  subdivision of this state, including:
                     (A)  a conservation and reclamation district
  created under Section 59, Article XVI, Texas Constitution;
                     (B)  a road utility district or a district created
  to manage water created under Section 52, Article III, Texas
  Constitution;
                     (C)  a hospital district created under Sections 4
  through 11, Article IX, Texas Constitution;
                     (D)  an airport authority created under Section
  12, Article IX, Texas Constitution; and
                     (E)  a municipal development district created
  under Chapter 377, Local Government Code.
               (2)  "Internal district" includes any defined area as
  designated by this state or a political subdivision of this state
  for special treatment by this state or the political subdivision or
  to accomplish a purpose of this state or the political subdivision
  inside that defined area, including:
                     (A)  a reinvestment zone for tax increment
  financing or tax abatement as authorized under Chapter 311 or 312,
  Tax Code, or other law;
                     (B)  an enterprise zone authorized under Chapter
  2303, Government Code;
                     (C)  a defense economic readjustment zone
  authorized under Chapter 2310, Government Code;
                     (D)  an improvement district authorized under
  Chapter 372, Local Government Code;
                     (E)  an area designated for a community
  development program under Chapter 373, Local Government Code;
                     (F)  a homestead preservation district designated
  or a homestead preservation reinvestment zone created under Chapter
  373A, Local Government Code;
                     (G)  an area designated as a blighted area under
  Chapter 374, Local Government Code;
                     (H)  a neighborhood empowerment zone created
  under Chapter 378, Local Government Code;
                     (I)  a North American Free Trade Agreement impact
  zone created under Chapter 379, Local Government Code; and
                     (J)  a defense base development authority
  established under Chapter 379B, Local Government Code.
         SECTION 2.  COMMISSIONERS COURT OVERSIGHT. (a)  A county
  commissioners court has oversight authority over a special purpose
  district or internal district created or operating inside the
  county's boundaries.
         (b)  A special purpose district or internal district may not
  be created inside a county's boundaries without giving the
  commissioners court of the county:
               (1)  notice of the intention to create the special
  purpose district or internal district;
               (2)  an opportunity to comment on the creation of the
  special purpose district or internal district; and
               (3)  express oversight authority over the special
  purpose district or internal district to the extent permitted by
  the Texas Constitution.
         (c)  The boundaries of a special purpose district or internal
  district may not be altered inside a county's boundaries without
  giving the commissioners court of the county:
               (1)  notice of the intention to alter the boundaries;
  and
               (2)  an opportunity to comment on the alteration.
         (d)  A special purpose district may not convert to a special
  purpose district of another kind or consolidate with another
  district without giving the commissioners court of the county:
               (1)  notice of the intention to convert or consolidate;
  and
               (2)  an opportunity to comment on the conversion or
  consolidation.
         SECTION 3.  POWERS AND DUTIES OF SPECIAL PURPOSE DISTRICTS,
  INTERNAL DISTRICTS, OR POLITICAL SUBDIVISIONS. (a)  A special
  purpose district may be given authority to issue, amend, or revoke
  permits under its jurisdiction and to enforce permit conditions.
         (b)  A county commissioners court may impose on a special
  purpose district or internal district a duty to report to the court
  regarding matters related to the jurisdiction or purpose of the
  special purpose district or internal district.
         (c)  A special purpose district or a political subdivision
  that creates or establishes an internal district may require a
  utility to relocate utility facilities at the utility's expense to
  facilitate the district or subdivision initiating or altering a
  project in the right-of-way where the utility facilities are
  located.
         (d)  Bonds to be issued by or on behalf of a special purpose
  district or internal district are subject to the approval of a
  county commissioners court.
         (e)  A special purpose district or internal district may
  initiate recycling programs inside or outside of the boundaries of
  the district.
         (f)  Peace officers may be employed by or on the behalf of a
  special purpose district or internal district.
         (g)  To the extent provided by law, a special purpose
  district or internal district may tax, make assessments against, or
  impose fees on a person inside the boundaries of the special purpose
  district or internal district to pay for purposes of the district.
         (h)  A special purpose district or internal district may
  borrow money to finance purposes of the district.
         (i)  A special purpose district or internal district may
  change the number or qualifications of the district's governing
  body.
         (j)  A special purpose district or internal district may
  alter its boundaries subject to Section 2(c) of this Act.
         (k)  A special purpose district or internal district may
  contract with other persons to accomplish its purposes.
         (l)  As provided by law, a special purpose district may
  convert into a special purpose district of another kind or
  consolidate with another district, subject to Section 2(d) of this
  Act.
         (m)  A special purpose district or internal district may
  require of any person a report on a matter related to the purpose
  for which the district is created. The report must be in the form
  and include information as required by the district.
         (n)  A special purpose district or internal district may
  adopt rules to ensure that the purposes for which the district is
  created may be accomplished. A special purpose district may impose
  penalties on a person who violates a rule of the district. An
  internal district's rule may be enforced by the entity that created
  the district.
         SECTION 4.  ENERGY MATTERS. (a)  A special purpose district
  or internal district, to the extent permissible by law, may engage
  in activities to promote energy efficiency or the transmission of
  electric energy inside the district's territory.
         (b)  A special purpose district or internal district shall
  undertake programs to ensure that its activities are as energy
  efficient as practicable.
         (c)  A special purpose district or internal district shall
  undertake programs to educate the public regarding activities the
  district takes regarding energy and energy efficiency. The
  programs may also include educational efforts to promote energy
  conservation or energy efficiency by the members of the public in
  the district's territory.
         SECTION 5.  RECYCLING AND WASTE DISPOSAL. (a)  A special
  purpose district or internal district may establish recycling or
  waste disposal programs that are consistent with the purpose for
  which the district is created.
         (b)  A special purpose district or internal district shall
  undertake programs to ensure that waste generated by the district's
  activities is properly disposed of and, to the extent practicable,
  recycled or reused.
         SECTION 6.  EFFECTIVE DATE. This Act takes effect September
  1, 2009.