|
|
|
|
AN ACT
|
|
relating to the dissolution of the Chisholm Trail Special Utility |
|
District. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle C, Title 6, Special District Local Laws |
|
Code, is amended by adding Chapter 7219 to read as follows: |
|
CHAPTER 7219. CHISHOLM TRAIL SPECIAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7219.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "City" means the City of Georgetown. |
|
(3) "District" means the Chisholm Trail Special |
|
Utility District. |
|
SUBCHAPTER B. DISSOLUTION OF DISTRICT |
|
Sec. 7219.051. PROPOSAL FOR DISSOLUTION; NOTICE. (a) If a |
|
majority of the board votes to propose to dissolve the district, the |
|
board may issue notice of a hearing on a proposal to dissolve the |
|
district. |
|
(b) The district may not vote on the issue of dissolution |
|
before the earlier of: |
|
(1) August 31, 2019; or |
|
(2) if the district is a party to a lawsuit pending on |
|
May 1, 2017, the date: |
|
(A) a settlement is reached by all parties in the |
|
lawsuit; or |
|
(B) a final judgment is entered in the lawsuit. |
|
(c) Not later than the 14th day before the date set for the |
|
hearing, notice of the hearing must: |
|
(1) be posted at the courthouse of each county in which |
|
the district is located and at the district's office; and |
|
(2) be published at least one time in a newspaper of |
|
general circulation in each county in which the district is |
|
located. |
|
Sec. 7219.052. HEARING AND ORDER. (a) At the hearing, |
|
held at the time and place stated in the notice under Section |
|
7219.051, the board shall: |
|
(1) hear all interested persons; |
|
(2) consider whether the best interests of the persons |
|
and property in the district will be served by dissolving the |
|
district; and |
|
(3) vote on whether to dissolve the district. |
|
(b) If two-thirds of the members of the board vote to |
|
dissolve the district, the board shall enter a finding in its |
|
records that the district will be dissolved after completion of the |
|
process to transfer to the city the district's certificate of |
|
convenience and necessity and other assets and liabilities under |
|
Section 7219.053. After the district's certificate of convenience |
|
and necessity and other assets and liabilities are transferred to |
|
the city under Section 7219.053, the board shall enter an order in |
|
its records dissolving the district. |
|
(c) If two-thirds of the members of the board do not vote to |
|
dissolve the district, the board shall enter an order in its records |
|
providing that the district is not to be dissolved. |
|
Sec. 7219.053. ASSUMPTION OF OPERATION, MANAGEMENT, AND |
|
ASSETS AND LIABILITIES OF DISTRICT. (a) On the date the board |
|
enters a finding under Section 7219.052(b) that the district will |
|
be dissolved, the city shall assume: |
|
(1) control of the operation and management of the |
|
affairs of the district, to the extent that the operation and |
|
management was not previously assumed by the city by contractual |
|
agreement; |
|
(2) all rights, duties, and obligations of the |
|
district, including existing contracts, duties, assets, property, |
|
easements, financial obligations, and liabilities of the district, |
|
to the extent that those rights, duties, and obligations were not |
|
previously assumed by the city by contractual agreement; |
|
(3) all files, records, and accounts of the district, |
|
including those that pertain to the control, finances, management, |
|
and operation of the district; and |
|
(4) all permits, approvals, and licenses of the |
|
district. |
|
(b) To the extent that the assumption of an item listed in |
|
Subsection (a) requires the approval of a state agency, the state |
|
agency shall grant approval without additional notice or hearing. |
|
(c) This section does not enhance or harm the position of a |
|
contracting party. |
|
Sec. 7219.054. REVIEW OF BOARD'S ORDER. The board's order |
|
dissolving the district is final and may not be appealed in any |
|
manner to any judicial, administrative, or other tribunal if the |
|
board's order is entered after the completion of the process to |
|
transfer the district's certificate of convenience and necessity, |
|
including any necessary approval of a state agency. |
|
SECTION 2. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2017. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 248 passed the Senate on |
|
April 3, 2017, by the following vote: Yeas 30, Nays 1; and that |
|
the Senate concurred in House amendments on May 27, 2017, by the |
|
following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 248 passed the House, with |
|
amendments, on May 24, 2017, by the following vote: Yeas 147, |
|
Nays 0, one present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |