|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the exclusion of certain territory from the Hamlin |
|
Hospital District and to the procedures for the dissolution of the |
|
district; authorizing the imposition of a tax. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 1037, Special District Local Laws Code, |
|
is amended by adding Subchapters G and H to read as follows: |
|
SUBCHAPTER G. CHANGE IN BOUNDARIES |
|
Sec. 1037.301. PETITION TO EXCLUDE TERRITORY FROM DISTRICT. |
|
(a) Registered voters of a defined territory included in the |
|
district may file a petition with the board requesting that the |
|
defined territory be excluded from the district. |
|
(b) The petition must be signed by at least 50 registered |
|
voters of the territory or a majority of those voters, whichever is |
|
fewer. |
|
Sec. 1037.302. ELECTION. (a) On receipt of a petition |
|
filed under Section 1037.301, the board shall order an election on |
|
the question of excluding the territory described in the petition |
|
from the district. |
|
(b) Exclusion of the territory is final when approved by a |
|
majority of the voters at: |
|
(1) an election held in the district; and |
|
(2) a separate election held in the territory to be |
|
excluded. |
|
(c) The election shall be held not earlier than the 45th day |
|
and not later than the 60th day after the date the election is |
|
ordered. |
|
(d) The election order must state: |
|
(1) the nature of the election, including the |
|
proposition to appear on the ballot; |
|
(2) the date of the election; |
|
(3) the hours during which the polls will be open; and |
|
(4) the location of the polling places. |
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
election held under this section. |
|
Sec. 1037.303. NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under Section 1037.302 by publishing |
|
once a week for two consecutive weeks a substantial copy of the |
|
election order in a newspaper with general circulation in: |
|
(1) the district; and |
|
(2) the territory proposed to be excluded from the |
|
district. |
|
(b) The first publication of the notice must appear at least |
|
35 days before the date of the election. |
|
Sec. 1037.304. BALLOT. The ballot for an election under |
|
Section 1037.302 shall be printed to permit voting for or against |
|
the proposition: "Excluding (description of territory to be |
|
excluded) from the Hamlin Hospital District." |
|
Sec. 1037.305. SATISFACTION OF PROPORTIONATE SHARE OF DEBT. |
|
The exclusion of territory under this subchapter does not diminish |
|
or impair the rights of the holders of any outstanding and unpaid |
|
bonds, warrants, or other district obligations. The district shall |
|
continue to impose taxes each year on the excluded territory at the |
|
same rate imposed on other territory in the district until the total |
|
amount of taxes collected from the excluded territory equals its |
|
pro rata share of the indebtedness of the district at the time the |
|
territory was excluded. The taxes collected under this section |
|
shall be applied only to the payment of the excluded territory's pro |
|
rata share of indebtedness. The owner of all or part of the |
|
excluded territory at any time may pay in full the owner's share of |
|
the excluded territory's pro rata share of the district's |
|
indebtedness at the time the territory was excluded. |
|
Sec. 1037.306. EXCLUSION ORDER. After the territory to be |
|
excluded has paid its proportionate share of the district debt, the |
|
board shall enter a resolution in its minutes excluding the |
|
territory from the district and releasing the excluded territory |
|
from any further duty or obligation. |
|
SUBCHAPTER H. DISSOLUTION |
|
Sec. 1037.351. DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved only on approval of a majority of the district |
|
voters voting in an election held for that purpose. |
|
(b) The board may order an election on the question of |
|
dissolving the district and disposing of the district's assets and |
|
obligations. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by at least 10 |
|
percent of the registered voters in the district. |
|
(d) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition to appear on the ballot; |
|
(2) the date of the election; |
|
(3) the hours during which the polls will be open; and |
|
(4) the location of the polling places. |
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. |
|
Sec. 1037.352. NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing once |
|
a week for two consecutive weeks a substantial copy of the election |
|
order in a newspaper with general circulation in the district. |
|
(b) The first publication of the notice must appear not |
|
later than the 35th day before the date set for the election. |
|
Sec. 1037.353. BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Hamlin Hospital District." |
|
Sec. 1037.354. ELECTION RESULTS. (a) If a majority of the |
|
votes in an election under this subchapter favor dissolution, the |
|
board shall find that the district is dissolved. |
|
(b) If a majority of the votes in the election do not favor |
|
dissolution, the board shall continue to administer the district |
|
and another election on the question of dissolution may not be held |
|
before the first anniversary of the date of the most recent election |
|
to dissolve the district. |
|
Sec. 1037.355. TRANSFER, SALE, OR ADMINISTRATION OF ASSETS. |
|
(a) If a majority of the votes in an election held under this |
|
subchapter favor dissolution, the board shall: |
|
(1) transfer the land, buildings, improvements, |
|
equipment, and other assets that belong to the district to Jones |
|
County or another governmental entity in Jones County; |
|
(2) sell the assets and liabilities to another person; |
|
or |
|
(3) administer the property, assets, and debts until |
|
all money has been disposed of and all district debts have been paid |
|
or settled. |
|
(b) If the board makes the transfer under Subsection (a)(1), |
|
the county or entity assumes all debts and obligations of the |
|
district at the time of the transfer, and the district is dissolved. |
|
(c) If Subsections (a)(1) and (2) do not apply and the board |
|
administers the property, assets, and debts of the district under |
|
Subsection (a)(3), the district is dissolved when all money has |
|
been disposed of and all district debts have been paid or settled. |
|
Sec. 1037.356. SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
(a) The dissolution of the district and the sale or transfer of the |
|
district's assets and liabilities to another person may not |
|
contravene a trust indenture or bond resolution relating to the |
|
district's outstanding bonds. The dissolution and sale or |
|
transfer does not diminish or impair the rights of a holder of an |
|
outstanding bond, warrant, or other obligation of the district. |
|
(b) The sale or transfer of the district's assets and |
|
liabilities must satisfy the debt and bond obligations of the |
|
district in a manner that protects the interests of district |
|
residents, including the residents' collective property rights in |
|
the district's assets. |
|
(c) The district may not transfer or dispose of the |
|
district's assets except for due compensation unless: |
|
(1) the transfer is made to another governmental |
|
entity that serves the district; and |
|
(2) the transferred assets are to be used for the |
|
benefit of the district's residents. |
|
Sec. 1037.357. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES. (a) After the board finds that the district is dissolved, |
|
the board shall: |
|
(1) determine the debt owed by the district; and |
|
(2) impose on the property included in the district's |
|
tax rolls a tax that is in proportion of the debt to the property |
|
value. |
|
(b) On the payment of all outstanding debts and obligations |
|
of the district, the board shall order the secretary to return to |
|
each district taxpayer the taxpayer's pro rata share of all unused |
|
tax money. |
|
(c) A taxpayer may request that the taxpayer's share of |
|
surplus tax money be credited to the taxpayer's county taxes. If a |
|
taxpayer requests the credit, the board shall direct the secretary |
|
to transmit the money to the county tax assessor-collector. |
|
Sec. 1037.358. REPORT; DISSOLUTION ORDER. (a) After the |
|
district has paid all district debts and has disposed of all |
|
district money and other assets as prescribed by this subchapter, |
|
the board shall file a written report with the Commissioners Court |
|
of Jones County summarizing the board's actions in dissolving the |
|
district. |
|
(b) Not later than the 10th day after the date the |
|
Commissioners Court of Jones County receives the report and |
|
determines that the requirements of this subchapter have been |
|
fulfilled, the commissioners court shall enter an order dissolving |
|
the district and releasing the board from any further duty or |
|
obligation. |
|
SECTION 2. This Act takes effect September 1, 2013. |