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A BILL TO BE ENTITLED
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AN ACT
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relating to meetings for certain special purpose districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 403.0241(c), Government Code, is amended |
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to read as follows: |
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(c) For each special purpose district described by |
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Subsection (b), the database must include: |
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(1) the name of the special purpose district; |
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(2) the name of each board member of the special |
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purpose district; |
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(3) contact information for the main office of the |
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special purpose district, including the physical address, the |
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mailing address, and the main telephone number; |
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(4) if the special purpose district employs a person |
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as a general manager or executive director, or in another position |
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to perform duties or functions comparable to those of a general |
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manager or executive director, the name of the employee; |
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(5) if the special purpose district contracts with a |
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utility operator, contact information for a person representing the |
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utility operator, including a mailing address and a telephone |
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number; |
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(6) if the special purpose district contracts with a |
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tax assessor-collector, contact information for a person |
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representing the tax assessor-collector, including a mailing |
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address and telephone number; |
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(7) the special purpose district's Internet website |
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address, if any; |
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(8) the information the special purpose district is |
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required to report under Section 140.008(b) or (g), Local |
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Government Code, including any revenue obligations; |
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(9) the total amount of bonds authorized by the voters |
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of the special purpose district that are payable wholly or partly |
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from ad valorem taxes, excluding refunding bonds if refunding bonds |
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were separately authorized and excluding contract revenue bonds; |
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(10) the aggregate initial principal amount of all |
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bonds issued by the special purpose district that are payable |
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wholly or partly from ad valorem taxes, excluding refunding bonds |
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and contract revenue bonds; |
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(11) the rate of any sales and use tax the special |
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purpose district imposes; [and] |
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(12) for a special purpose district that imposes an ad |
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valorem tax: |
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(A) the ad valorem tax rate for the most recent |
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tax year if the district is a district as defined by Section 49.001, |
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Water Code; or |
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(B) the table of ad valorem tax rates for the most |
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recent tax year described by Section 26.16, Tax Code, in the form |
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required by that section, if the district is not a district as |
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defined by Section 49.001, Water Code; and |
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(13) a link to the Internet website described by |
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Section 49.062(g), Water Code, with a plain-language description of |
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how a resident may petition to require that board meetings of |
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certain special purpose districts be held not further than 10 miles |
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from the boundary of the district. |
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SECTION 2. Subchapter F, Chapter 551, Government Code, is |
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amended by adding Section 551.1283 to read as follows: |
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Sec. 551.1283. GOVERNING BODY OF CERTAIN WATER DISTRICTS: |
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INTERNET POSTING OF MEETING MATERIALS; RECORDING OF CERTAIN |
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HEARINGS. (a) This section only applies to a special purpose |
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district subject to Chapter 51, 53, 54, or 55, Water Code, that has |
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a population of 500 or more. |
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(b) On written request of a district resident made to the |
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district not later than the third day before a public hearing to |
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consider the adoption of an ad valorem tax rate, the district shall |
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make an audio recording of reasonable quality of the hearing and |
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provide the recording to the resident in an electronic format not |
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later than the fifth business day after the date of the hearing. |
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The district shall maintain a copy of the recording for at least one |
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year after the date of the hearing. |
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(c) A district shall post the minutes of the meeting of the |
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governing body to the district's Internet website if the district |
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maintains an Internet website. |
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SECTION 3. Section 49.062, Water Code, is amended by |
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amending Subsections (b) and (c) and adding Subsections (c-1), (e), |
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(f), and (g) to read as follows: |
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(b) The board shall designate one or more places inside or |
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outside the district for conducting the meetings of the board. The |
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meeting place may be a private residence or office, provided that |
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the board, in its order establishing the meeting place, declares |
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the same to be a public place and invites the public to attend any |
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meeting of the board. If the board establishes a meeting place or |
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places outside the district, it shall give notice of the location or |
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locations by filing a true copy of the resolution establishing the |
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location or locations of the meeting place or places and a |
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justification of why the meeting will not be held in the district or |
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within 10 miles of the boundary of the district, if applicable, with |
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the commission and also by publishing notice of the location or |
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locations in a newspaper of general circulation in the district. If |
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the location of any of the meeting places outside the district is |
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changed, notice of the change shall be given in the same manner. |
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(c) After at least 50 [25] qualified electors are residing |
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in a district, on written request of at least five of those |
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electors, the board shall designate a meeting place and hold |
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meetings within the district. If no suitable meeting place exists |
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inside the district, the board may designate a meeting place |
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outside the district that is located not further than 10 miles from |
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the boundary of the district [if it determines that the meeting
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place used by the district deprives the residents of a reasonable
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opportunity to attend district meetings]. |
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(c-1) On the failure, after a request is made under |
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Subsection (c), of the board to designate the location of the |
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meeting place within the district or not further than 10 miles from |
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the boundary of the district, five electors may petition the |
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commission to designate a location. If it determines that the |
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meeting place used by the district deprives the residents of a |
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reasonable opportunity to attend district meetings, the commission |
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shall [may] designate a meeting place inside or outside the |
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district which is reasonably available to the public and require |
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that the meetings be held at such place. [After the next election,
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the board may designate different meeting places, including one
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located outside the boundaries of the district.] |
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(e) After holding a meeting at a place designated under |
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Subsection (c) or (c-1), the board may hold a hearing on the |
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designation of a different meeting place, including a meeting place |
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outside of the district. The board may hold meetings at the |
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designated meeting place if, at the hearing, the board determines |
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that the new meeting place is beneficial to the district and will |
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not deprive the residents of the district of a reasonable |
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opportunity to attend meetings. The board may not hold meetings at |
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a meeting place outside the district or further than 10 miles from |
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the boundaries of the district if the board receives a petition |
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under Subsection (c-1). |
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(f) The commission shall make a determination under |
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Subsection (c-1) not later than the 60th day after the date the |
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commission receives the petition. |
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(g) The commission shall provide information on the |
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commission's Internet website on the process for designation by the |
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commission of a meeting place under Subsection (c-1) and a form that |
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may be used to request that the commission make the designation with |
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submission instructions. |
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SECTION 4. Subchapter C, Chapter 49, Water Code, is amended |
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by adding Section 49.0631 to read as follows: |
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Sec. 49.0631. MEETING INFORMATION ON WATER BILL. A |
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district providing potable water or sewer service shall as a part of |
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the district's billing process include on a district's bill to a |
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customer the following statement: "For more information about the |
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district, including information about the district's board and |
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board meetings, please go to the Comptroller's Special Purpose |
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District Public Information Database or (district's Internet |
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website if the district maintains an Internet website)." The |
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statement may be altered to provide the current Internet website |
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address of either the database created under Section 403.0241, |
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Government Code, or the district. |
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SECTION 5. The changes in law made by this Act apply only to |
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an open meeting held on or after the effective date of this Act. An |
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open meeting that is held before the effective date of this Act is |
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governed by the law in effect on the date of the open meeting, and |
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the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2019. |
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