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A BILL TO BE ENTITLED
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AN ACT
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relating to comprehensive reviews of certain special 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. COMPREHENSIVE 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: |
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(1) a school district; or |
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(2) a junior college district. |
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Sec. 2.002. COMPREHENSIVE REVIEW REQUIRED. (a) At least |
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once every six years, the governing body of a special district that |
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has outstanding debt or imposes a tax, assessment, or fee shall |
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conduct a comprehensive review of the district under this chapter. |
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(b) The governing body of a special district that issues |
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debt or imposes a tax, assessment, or fee for the first time on or |
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after September 1, 2015, shall conduct the first comprehensive |
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review not later than the third anniversary of the date the |
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governing body issues the debt or imposes the tax, assessment, or |
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fee. |
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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) Except as provided by Subsection (c), the |
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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 purpose of the special |
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district and an assessment of the extent to which the purpose has |
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been achieved, has failed to be achieved, or is continuing to be |
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achieved; |
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(3) 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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(4) 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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(5) 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 purpose of the district; and |
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(6) an identification of the special district's |
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financial liabilities, including bonds and other obligations. |
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(c) Instead of replicating in the self-evaluation report |
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information required by Subsection (b) that is posted separately on |
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the special district's Internet website, or on a website as |
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authorized by Section 2.006(b)(2), the district may provide in the |
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report a direct link to, or a clear statement describing the |
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location of, the separately posted information. |
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(d) 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, or on a |
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website as authorized by Section 2.006(b)(2). |
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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 shall take action to ensure that the notice of the hearing |
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is published in at least one newspaper of general circulation in the |
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county in which the district is located and on the district's |
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Internet website, or on a website as authorized by Section |
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2.006(b)(2). The notice on the website must remain posted until the |
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conclusion of the 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 CONSIDER THE COMPREHENSIVE |
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SELF-EVALUATION REPORT OF THE (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 six years to consider the |
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district's comprehensive self-evaluation report. The hearing will |
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be held on (insert date) at (insert time) at (insert location). A |
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copy of the district's comprehensive self-evaluation report is |
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available at (insert the physical address of the district's main |
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office, or the physical address of the main office of another local |
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political subdivision if the district does not maintain an office, |
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and the website address where the comprehensive self-evaluation |
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report is 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 self-evaluation report are given the opportunity |
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to be heard. |
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(b) Not later than the 10th day after the date of the public |
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hearing, the governing body shall take action to ensure that the |
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following is posted on the special district's Internet website, or |
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on a website as authorized by Section 2.006(b)(2): |
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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) Except as provided by |
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Subsection (b), a special district shall maintain or cause to be |
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maintained an Internet website to comply with this chapter. |
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(b) If a special district did not maintain an Internet |
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website or cause a website to be maintained on January 1, 2015, the |
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special district shall post the information required by this |
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chapter on: |
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(1) the special district's website, if the special |
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district chooses to maintain the website or cause the website to be |
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maintained; or |
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(2) a website in which the special district controls |
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the content of the posting, including a social media site, provided |
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that the information is easily found by searching the name of the |
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special district on the Internet. |
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SECTION 2. The governing body of a special district to which |
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Section 2.002, Special District Local Laws Code, as added by this |
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Act, applies that has issued debt or imposed a tax, assessment, or |
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fee before the effective date of this Act must conclude the first |
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comprehensive review cycle required by that section not later than |
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September 1, 2016. |
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SECTION 3. This Act takes effect September 1, 2015. |