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A BILL TO BE ENTITLED
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AN ACT
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relating to comprehensive performance reviews of certain special |
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districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Special District Local Laws Code, is |
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amended by adding Chapter 2 to read as follows: |
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CHAPTER 2. REVIEW OF CERTAIN SPECIAL DISTRICTS |
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Sec. 2.001. DEFINITION. In this chapter, "special |
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district" means a political subdivision of this state that has a |
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limited geographic area, is created by local law or under general |
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law for a special purpose, and is authorized to impose a tax, |
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assessment, or fee. The term does not include a school district or |
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junior college district. |
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Sec. 2.002. COMPREHENSIVE REVIEW REQUIRED. At least once |
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every three years, the governing body of a special district shall |
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conduct a comprehensive review of the district under this chapter |
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to determine whether the district should be continued or dissolved. |
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Sec. 2.003. COMPREHENSIVE SELF-EVALUATION REPORT. (a) |
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After conducting the review, the governing body must publish a |
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written self-evaluation report not later than the 30th day before |
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the date of the public hearing required by Section 2.005. |
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(b) The self-evaluation report must include: |
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(1) an identification of the statutory provision |
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authorizing the special district; |
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(2) an identification of the mission, goals, and |
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objectives intended for the special district and an assessment of |
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the extent to which the mission, goals, and objectives have been |
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achieved, have failed to be achieved, or are continuing to be |
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achieved; |
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(3) an identification of the problem or need that the |
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special district was created to address and an assessment of the |
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extent to which the problem or need has been addressed, has failed |
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to be addressed, or is continuing to be addressed; |
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(4) an identification of the activities of the special |
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district that overlap or duplicate those of other governmental |
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entities; |
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(5) an identification of each tax, assessment, fee, or |
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penalty that the special district is authorized to impose or |
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collect; |
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(6) a statement of the revenue collected by the |
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special district and an assessment of whether the revenue exceeds |
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the amount needed to accomplish the mission, goals, and objectives |
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of the district; |
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(7) an identification of the special district's |
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financial liabilities, including bonds and other obligations; and |
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(8) a determination of whether the special district |
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should be continued or dissolved. |
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(c) The governing body must make the self-evaluation report |
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available for inspection by any person. The governing body must |
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take action to ensure that the self-evaluation report is posted |
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continuously on the special district's Internet website. |
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Sec. 2.004. NOTICE OF HEARING. (a) Not earlier than the |
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30th day or later than the 15th day before the date of the hearing |
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required by Section 2.005, the governing body of the special |
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district must publish notice of the hearing in at least one |
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newspaper of general circulation in the county in which the |
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district is located and on the district's Internet website. The |
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notice on the website must remain posted until the conclusion of the |
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hearing. |
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(b) The notice must contain a statement in the following |
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form: |
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"NOTICE OF PUBLIC MEETING TO DISCUSS THE CONTINUATION OF THE |
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(INSERT NAME OF SPECIAL DISTRICT) |
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"The (insert name of the district) was created in (insert |
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year) to (insert purpose for district's creation). The district |
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imposes a (insert type of tax, assessment, or fee, as appropriate, |
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and the appropriate rate or amount). State law requires the |
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district to hold a hearing at least every three years to determine |
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whether the district should be continued or dissolved. The hearing |
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will be held on (insert date) at (insert time) at (insert location). |
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A copy of the district's self-evaluation report is available at |
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(insert the physical address of the district's main office, or the |
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physical address of the main office of another local political |
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subdivision if the district does not maintain an office, and the |
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district's website address where the self-evaluation report is |
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posted)." |
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Sec. 2.005. PUBLIC HEARING. (a) The governing body of a |
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special district must conduct a public hearing at which persons |
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interested in the continuation or dissolution of the district are |
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given the opportunity to be heard. |
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(b) At the conclusion of the hearing, the governing body |
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must vote on the question of whether the special district should be |
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continued or dissolved. If the governing body votes to dissolve the |
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district, the governing body shall take action to dissolve the |
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district. |
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(c) Not later than the 10th day after the date of the public |
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hearing, the governing body must post on the special district's |
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Internet website: |
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(1) the minutes of the hearing; |
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(2) the estimated number of members of the public in |
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attendance at the hearing; and |
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(3) the number of witnesses testifying at the hearing. |
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Sec. 2.006. INTERNET WEBSITE. A special district shall |
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maintain an Internet website to comply with this chapter. |
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SECTION 2. The governing body of a special district to which |
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Chapter 2, Special District Local Laws Code, as added by this Act, |
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applies must conclude the first comprehensive review cycle required |
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by that chapter not later than September 1, 2014. |
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SECTION 3. This Act takes effect September 1, 2013. |