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A BILL TO BE ENTITLED
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AN ACT
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relating to the inclusion of territory of a municipality in a county |
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assistance district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 387.003, Local Government Code, is |
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amended by amending Subsection (b-1) and adding Subsection (l) to |
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read as follows: |
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(b-1) If the proposed district includes any territory of a |
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municipality, the commissioners court shall send notice by |
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certified mail to the governing body of the municipality of the |
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commissioners court's intent to create the district. If the |
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municipality has created a development corporation under Chapter |
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504 or 505, the commissioners court shall also send the notice to |
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the board of directors of the corporation. The commissioners court |
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must send the notice not later than the 60th day before the date the |
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commissioners court orders the election. The governing body of the |
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municipality may exclude the incorporated territory of the |
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municipality from the proposed district by sending notice by |
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certified mail to the commissioners court of the governing body's |
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desire to exclude the [municipal] territory from the district. The |
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governing body of the municipality may not exclude any territory in |
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the municipality's extraterritorial jurisdiction from the proposed |
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district. The governing body must send the notice not later than |
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the 45th day after the date the governing body receives notice from |
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the commissioners court under this subsection. [The territory of a
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municipality that is excluded under this subsection may
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subsequently be included in:
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[(1)
the district in an election held under Subsection
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(f) with the consent of the municipality; or
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[(2)
another district after complying with the
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requirements of this subsection and after an election under
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Subsection (f).] |
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(l) On the date specified under Subdivision (2)(A), a |
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district shall exclude from the district territory annexed for full |
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purposes by a municipality, if: |
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(1) the district has no outstanding bonds payable |
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wholly or partly from sales and use taxes and the exclusion does not |
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impair any outstanding district debt or contractual obligation; and |
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(2) the municipality: |
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(A) provides notice to the district that full |
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municipal services, as defined by Section 43.056, will be provided |
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to the annexed territory by a specific date; and |
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(B) requests that the district exclude the |
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annexed territory from the territory of the district. |
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SECTION 2. Section 387.003(b-1), Local Government Code, as |
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amended by this Act, applies to notice sent to a municipality by a |
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commissioners court under that section on or after the effective |
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date of this Act. Notice sent before the effective date of this Act |
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is governed by the law as it existed on the date the notice was sent, |
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and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |