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A BILL TO BE ENTITLED
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AN ACT
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relating to the dissolution of the Chisholm Trail Special Utility |
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District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7219 to read as follows: |
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CHAPTER 7219. CHISHOLM TRAIL SPECIAL UTILITY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7219.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Georgetown. |
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(3) "District" means the Chisholm Trail Special |
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Utility District. |
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SUBCHAPTER B. DISSOLUTION OF DISTRICT |
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Sec. 7219.051. PROPOSAL FOR DISSOLUTION; NOTICE. (a) If a |
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majority of the board votes to propose to dissolve the district, the |
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board may issue notice of a hearing on a proposal to dissolve the |
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district. |
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(b) Not later than the 14th day before the date set for the |
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hearing, notice of the hearing must: |
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(1) be posted at the courthouse of each county in which |
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the district is located and at the district's office; and |
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(2) be published at least one time in a newspaper of |
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general circulation in each county in which the district is |
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located. |
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Sec. 7219.052. HEARING AND ORDER. (a) At the hearing, |
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held at the time and place stated in the notice under Section |
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7219.051, the board shall: |
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(1) hear all interested persons; |
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(2) consider whether the best interests of the persons |
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and property in the district will be served by dissolving the |
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district; and |
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(3) vote on whether to dissolve the district. |
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(b) If two-thirds of the members of the board vote to |
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dissolve the district, the board shall enter a finding in its |
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records that the district will be dissolved after completion of the |
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process to transfer to the city the district's certificate of |
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convenience and necessity and other assets and liabilities under |
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Section 7219.053. After the district's certificate of convenience |
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and necessity and other assets and liabilities are transferred to |
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the city under Section 7219.053, the board shall enter an order in |
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its records dissolving the district. |
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(c) If two-thirds of the members of the board do not vote to |
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dissolve the district, the board shall enter an order in its records |
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providing that the district is not to be dissolved. |
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Sec. 7219.053. ASSUMPTION OF OPERATION, MANAGEMENT, AND |
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ASSETS AND LIABILITIES OF DISTRICT. (a) On the date the board |
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enters a finding under Section 7219.052(b) that the district will |
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be dissolved, the city shall assume: |
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(1) control of the operation and management of the |
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affairs of the district, to the extent that the operation and |
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management was not previously assumed by the city by contractual |
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agreement; |
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(2) all rights, duties, and obligations of the |
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district, including existing contracts, duties, assets, property, |
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easements, financial obligations, and liabilities of the district, |
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to the extent that those rights, duties, and obligations were not |
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previously assumed by the city by contractual agreement; |
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(3) all files, records, and accounts of the district, |
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including those that pertain to the control, finances, management, |
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and operation of the district; and |
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(4) all permits, approvals, and licenses of the |
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district. |
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(b) To the extent that the assumption of an item listed in |
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Subsection (a) requires the approval of a state agency, the state |
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agency shall grant approval without additional notice or hearing. |
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(c) This section does not enhance or harm the position of a |
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contracting party. |
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Sec. 7219.054. REVIEW OF BOARD'S ORDER. The board's order |
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dissolving the district is final and may not be appealed in any |
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manner to any judicial, administrative, or other tribunal if the |
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board's order is entered after the completion of the process to |
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transfer the district's certificate of convenience and necessity, |
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including any necessary approval of a state agency. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |