89R8304 MCF-D
 
  By: Bettencourt S.B. No. 1452
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to continuation elections for municipal management
  districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 375.264(a) and (b), Local Government
  Code, are amended to read as follows:
         (a)  A district may not be dissolved by its board under
  Section 375.261 or 375.2631 or after a petition is filed under
  Section 375.262 if the district has outstanding bonded indebtedness
  until that bonded indebtedness has been repaid or defeased in
  accordance with the order or resolution authorizing the issuance of
  the bonds.
         (b)  If a petition for dissolution is filed under Section
  375.262 with the board of a district or a majority of voters do not
  favor the continuation of a district under Section 375.2631 and the
  district has outstanding bonded indebtedness secured by
  assessments:
               (1)  the district shall remain in existence solely for
  the purposes of winding up district operations and discharging its
  bonded indebtedness; and
               (2)  the board shall use all district money that is
  available to:
                     (A)  wind up district operations; and
                     (B)  repay or defease the bonded indebtedness as
  soon as practicable in accordance with the order or resolution
  authorizing the issuance of the bonds.
         SECTION 2.  Subchapter M, Chapter 375, Local Government
  Code, is amended by adding Section 375.2631 to read as follows:
         Sec. 375.2631.  CONTINUATION ELECTION; DISSOLUTION.  (a)  
  Each 10th year the board of a district shall call an election in the
  district to determine whether the district may continue.  In all
  areas of conflict this section takes precedence over all prior
  statutory enactments.
         (b)  In an election ordered under Subsection (a), the
  following proposition shall be submitted to the voters: "Shall the
  (name of district) be continued?"
         (c)  If the majority of votes cast in the election do not
  favor the proposition, the board:
               (1)  except as limited by Section 375.264, shall
  dissolve the district; and
               (2)  may not incur new debt.
         (d)  A district created on or before November 1, 2016, shall
  hold elections under Subsection (a) beginning on the uniform
  election date in November 2026.  A district created after November
  1, 2016, shall hold elections under Subsection (a) beginning on the
  uniform election date in November following the 10th anniversary of
  the district's creation.
         SECTION 3.  This Act takes effect September 1, 2025.