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  88S30781 MP-D
 
  By: Bell of Kaufman H.B. No. 176
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to county requirements for the creation of a special
  district located in the county.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The Local Government Code is amended by adding
  Title 15 to read as follows:
  TITLE 15. REQUIREMENTS FOR CREATION OF CERTAIN LOCAL GOVERNMENTAL
  ENTITIES
  SUBTITLE A. MUNICIPAL REQUIREMENTS
  SUBTITLE B. COUNTY REQUIREMENTS
  CHAPTER 661. SPECIAL DISTRICTS
         Sec. 661.001.  DEFINITION. In this chapter, "special
  district" means a political subdivision with a limited geographic
  area created by local law or under general law for a special
  purpose.
         Sec. 661.002.  REQUIREMENTS FOR PROPOSED LOCAL LAW
  DISTRICTS. (a) This section applies only to a special district
  created by local law.
         (b)  Except as provided by Subsection (c), the commissioners
  court of a county in which a special district is proposed to be
  located may by order adopt requirements for the district to ensure
  that all county territory included in the district will benefit
  from the creation of the district.
         (c)  The commissioners court of a county may not adopt an
  order described by Subsection (b) for a special district after the
  effective date of the Act that creates the district.
         (d)  A special district shall comply with each order adopted
  under Subsection (b) that applies to the district.
         Sec. 661.003.  APPROVAL BEFORE CREATION OF GENERAL LAW
  DISTRICTS. (a) This section applies only to a special district
  created under general law.
         (b)  A special district may not be created unless the
  commissioners court of each county in which the district is
  proposed to be located approves the creation of the district after
  each court holds a hearing described by Subsection (c).
         (c)  On the request of a person proposing to create a special
  district in a county, the commissioners court of the county shall
  hold a hearing in which the court accepts evidence on the creation
  of the district and whether:
               (1)  the creation of the district is feasible,
  practicable, and necessary; and
               (2)  the district would wholly or partly benefit the
  county.
         Sec. 661.004.  EXCEPTIONS. This chapter does not apply to a
  special district if:
               (1)  the creation of the district is initiated by the
  commissioners court of a county; or
               (2)  other law requires the approval of the
  commissioners court of a county before the district may be created.
         SECTION 2.  Section 661.003, Local Government Code, as added
  by this Act, applies only to a special district, as defined by
  Section 661.001, Local Government Code, as added by this Act,
  created on or after the effective date of this Act.
         SECTION 3.  This Act takes effect on the 91st day after the
  last day of the legislative session.