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AN ACT
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relating to the disposition of certain property by the former Bois |
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D'Arc Island Levee Improvement District of Dallas and Kaufman |
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Counties and the record of dissolution of that district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) In this section: |
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(1) "After-discovered property" means property or |
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assets of the district that were not sold, transferred, or disposed |
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of under Section 7801.003, Special District Local Laws Code, or |
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were assigned to the district after the dissolution of the district |
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under that section. |
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(2) "District" means the former Bois D'Arc Island |
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Levee Improvement District of Dallas and Kaufman Counties. |
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(b) The commissioners courts of Dallas County and Kaufman |
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County shall issue a joint order appointing a trustee or receiver to |
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dispose of after-discovered property. The commissioners courts may |
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appoint the trustee or receiver with or without a bond or payment. |
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(c) The trustee or receiver appointed under Subsection (b) |
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of this section must: |
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(1) dispose of any after-discovered property in |
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accordance with state law that provides for the disposition or |
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disposal of property by a county; and |
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(2) receive approval from the commissioners courts of |
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Dallas County and Kaufman County before disposing of any property. |
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(d) Money made from the sale or disposition of |
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after-discovered property under this section must be used to pay |
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any liability, debt, contract, or other obligation of the district, |
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including any liability, debt, contract, or other obligation |
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incurred in the appointment of the trustee or receiver or the |
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execution of the duties of the trustee or receiver. Any remaining |
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money must be distributed equally between Dallas County and Kaufman |
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County. |
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(e) The assets of Dallas County and Kaufman County, |
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including tax revenue funds: |
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(1) may not be used by the district to pay any |
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liability, debt, contract, or other obligation of the district; and |
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(2) are not subject to any liability, debt, contract, |
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or other obligation of the district. |
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(f) Nothing in this section may be construed to constitute a |
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waiver of the immunity or defenses of Dallas County, Kaufman |
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County, or the officials, officers, employees, and agents of the |
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counties regarding a suit or liability concerning the |
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after-discovered property. |
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SECTION 2. The Texas Commission on Environmental Quality |
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shall note in its records that the district has been dissolved. |
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SECTION 3. Effective January 1, 2026, Chapter 7801, Special |
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District Local Laws Code, is repealed. |
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SECTION 4. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3469 was passed by the House on May 2, |
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2023, by the following vote: Yeas 130, Nays 14, 3 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3469 was passed by the Senate on May |
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24, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |