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SECTION 1. Title 1, Special
District Local Laws Code, is amended by adding Chapter 2 to read as
follows:
CHAPTER 2. COMPREHENSIVE
REVIEW OF CERTAIN SPECIAL DISTRICTS
Sec. 2.001. DEFINITION.
In this chapter, "special district" means a political subdivision
of this state that has a limited geographic area, is created by local law
or under general law for a special purpose, and is authorized to impose a
tax, assessment, or fee. The term does not include a school district or
junior college district.
Sec. 2.002. COMPREHENSIVE
REVIEW REQUIRED. (a) At least once every six years, the governing body of
a special district that has outstanding debt or imposed a tax, assessment, or fee shall conduct a
comprehensive review of the district under this chapter.
(b) The governing body of
a special district that issues debt or imposes a tax, assessment, or fee
for the first time on or after September 1, 2013, shall conduct the first
comprehensive review not later than the first
anniversary of the date the governing body issues the debt or imposes the
tax, assessment, or fee.
Sec. 2.003. COMPREHENSIVE
SELF-EVALUATION REPORT. (a) After conducting the review, the governing
body must publish a written self-evaluation report not later than the 30th
day before the date of the public hearing required by Section 2.005.
(b) The self-evaluation
report must include:
(1) an identification of
the statutory provision authorizing the special district;
(2) an identification of
the mission, goals, and objectives intended
for the special district and an assessment of the extent to which
the mission, goals, and objectives have
been achieved, have failed to be achieved, or are continuing to be
achieved;
(3) an identification of
the problem or need that the special district was created to address and an
assessment of the extent to which the problem or need has been addressed,
has failed to be addressed, or is continuing to be addressed;
(4) an identification of
the activities of the special district that overlap or duplicate those of
other governmental entities;
(5) an identification of
each tax, assessment, fee, or penalty that the special district is
authorized to impose or collect;
(6) a statement of the
revenue collected by the special district and an assessment of whether the
revenue exceeds the amount needed to accomplish the mission, goals, and objectives of the district; and
(7) an identification of
the special district's financial liabilities, including bonds and other
obligations.
No
equivalent provision.
(c) The governing body
must make the self-evaluation report available for inspection by any
person. The governing body must take action to ensure that the
self-evaluation report is posted continuously on the special district's
Internet website.
Sec. 2.004. NOTICE OF
HEARING. (a) Not earlier than the 30th day or later than the 15th day
before the date of the hearing required by Section 2.005, the governing
body of the special district must publish notice
of the hearing in at least one newspaper of general circulation in the
county in which the district is located and on the district's Internet
website. The notice on the website must remain posted until the conclusion
of the hearing.
(b) The notice must
contain a statement in the following form:
"NOTICE OF PUBLIC
MEETING TO CONSIDER THE COMPREHENSIVE SELF-EVALUATION REPORT OF THE (INSERT
NAME OF SPECIAL DISTRICT)
"The (insert name of
the district) was created in (insert year) to (insert purpose for
district's creation). The district imposes a (insert type of tax,
assessment, or fee, as appropriate, and the appropriate rate or amount).
State law requires the district to hold a hearing at least every six years
to consider the district's comprehensive self-evaluation report. The
hearing will be held on (insert date) at (insert time) at (insert
location). A copy of the district's comprehensive self-evaluation report
is available at (insert the physical address of the district's main office,
or the physical address of the main office of another local political
subdivision if the district does not maintain an office, and the district's
website address where the comprehensive self-evaluation report is
posted)."
Sec. 2.005. PUBLIC
HEARING. (a) The governing body of a special district must conduct a
public hearing at which persons interested in the self-evaluation report
are given the opportunity to be heard.
(b) Not later than the
10th day after the date of the public hearing, the governing body must post on the special district's Internet
website:
(1) the minutes of the
hearing;
(2) the estimated number
of members of the public in attendance at the hearing; and
(3) the number of
witnesses testifying at the hearing.
Sec. 2.006. INTERNET
WEBSITE. A special district shall maintain an Internet website to comply
with this chapter.
No
equivalent provision.
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SECTION 1. Title 1, Special
District Local Laws Code, is amended by adding Chapter 2 to read as
follows:
CHAPTER 2. COMPREHENSIVE
REVIEW OF CERTAIN SPECIAL DISTRICTS
Sec. 2.001. DEFINITION.
In this chapter, "special district" means a political subdivision
of this state that has a limited geographic area, is created by local law
or under general law for a special purpose, and is authorized to impose a
tax, assessment, or fee. The term does not include:
(1) a school district;
(2) a junior college
district; or
(3) a political subdivision that receives financial assistance
through the state water implementation fund created by the 83rd
Legislature, Regular Session, 2013.
Sec. 2.002. COMPREHENSIVE
REVIEW REQUIRED. (a) At least once every six years, the governing body of
a special district that has outstanding debt or imposes a tax, assessment, or fee shall conduct a
comprehensive review of the district under this chapter.
(b) The governing body of
a special district that issues debt or imposes a tax, assessment, or fee
for the first time on or after September 1, 2013, shall conduct the first
comprehensive review not later than the third
anniversary of the date the governing body issues the debt or imposes the
tax, assessment, or fee.
Sec. 2.003. COMPREHENSIVE
SELF-EVALUATION REPORT. (a) After conducting the review, the governing
body must publish a written self-evaluation report not later than the 30th
day before the date of the public hearing required by Section 2.005.
(b) Except as provided by Subsection (c), the
self-evaluation report must include:
(1) an identification of
the statutory provision authorizing the special district;
(2) an identification of
the purpose of the special district
and an assessment of the extent to which the purpose
has been achieved, has failed to be achieved, or is continuing to be
achieved;
No
equivalent provision.
(3) an identification of
the activities of the special district that overlap or duplicate those of
other governmental entities;
(4) an identification of
each tax, assessment, fee, or penalty that the special district is
authorized to impose or collect;
(5) a statement of the
revenue collected by the special district and an assessment of whether the
revenue exceeds the amount needed to accomplish the purpose of the district; and
(6) an identification of
the special district's financial liabilities, including bonds and other
obligations.
(c) Instead of
replicating in the self-evaluation report information required by
Subsection (b) that is posted separately on the special district's Internet
website, or on a website as authorized by Section 2.006(b)(2), the district
may provide in the report a direct link to, or a clear statement describing
the location of, the separately posted information.
(d) The governing body
must make the self-evaluation report available for inspection by any
person. The governing body must take action to ensure that the
self-evaluation report is posted continuously on the special district's
Internet website, or on a website as
authorized by Section 2.006(b)(2).
Sec. 2.004. NOTICE OF
HEARING. (a) Not earlier than the 30th day or later than the 15th day
before the date of the hearing required by Section 2.005, the governing
body of the special district shall take
action to ensure that the notice of the hearing is published in at least one newspaper of
general circulation in the county in which the district is located and on
the district's Internet website, or on a
website as authorized by Section 2.006(b)(2). The notice on the
website must remain posted until the conclusion of the hearing.
(b) The notice must
contain a statement in the following form:
"NOTICE OF PUBLIC
MEETING TO CONSIDER THE COMPREHENSIVE SELF-EVALUATION REPORT OF THE (INSERT
NAME OF SPECIAL DISTRICT)
"The (insert name of
the district) was created in (insert year) to (insert purpose for
district's creation). The district imposes a (insert type of tax,
assessment, or fee, as appropriate, and the appropriate rate or amount).
State law requires the district to hold a hearing at least every six years
to consider the district's comprehensive self-evaluation report. The
hearing will be held on (insert date) at (insert time) at (insert
location). A copy of the district's comprehensive self-evaluation report
is available at (insert the physical address of the district's main office,
or the physical address of the main office of another local political
subdivision if the district does not maintain an office, and the website
address where the comprehensive self-evaluation report is posted)."
Sec. 2.005. PUBLIC
HEARING. (a) The governing body of a special district must conduct a
public hearing at which persons interested in the self-evaluation report
are given the opportunity to be heard.
(b) Not later than the
10th day after the date of the public hearing, the governing body shall take action to ensure that the following is
posted on the special district's Internet website, or on a website as authorized by Section
2.006(b)(2):
(1) the minutes of the
hearing;
(2) the estimated number
of members of the public in attendance at the hearing; and
(3) the number of
witnesses testifying at the hearing.
Sec. 2.006. INTERNET
WEBSITE. (a) Except as provided by
Subsection (b), a special district shall maintain or cause to be maintained an Internet
website to comply with this chapter.
(b) If a special district
did not maintain an Internet website or cause a website to be maintained on
January 1, 2013, the special district shall post the information required
by this chapter on:
(1) the special
district's website, if the special district chooses to maintain the website
or cause the website to be maintained; or
(2) a website in which
the special district controls the content of the posting, including a
social media site, provided that the information is easily found by
searching the name of the special district on the Internet.
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