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AN ACT
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relating to the Hamilton County Hospital District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1036.004, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1036.004. DISTRICT TERRITORY. The boundaries of the |
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district are coextensive with the boundaries of Commissioners |
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Precincts 1, 2, and 4 of Hamilton County as those boundaries existed |
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on June 14, 1989, unless the district's boundaries are expanded to |
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be coextensive with the boundaries of the county under Subchapter |
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G. |
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SECTION 2. Subsection (b), Section 1036.051, Special |
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District Local Laws Code, is amended to read as follows: |
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(b) One director is elected from each commissioners |
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precinct included in the district and two directors are elected |
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from the district at large. If the district is expanded under |
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Subchapter G so that the boundaries are coextensive with the |
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boundaries of the county, one director is elected from each |
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commissioners precinct and one director is elected from the |
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district at large. The board shall determine which director |
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position elected from the district at large will convert into a |
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position elected from the additional precinct. |
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SECTION 3. Section 1036.052, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1036.052. NOTICE OF ELECTION. Notice [At least 35 days
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before the date of an election of directors, notice] of the election |
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shall be published in accordance with Section 4.003, Election Code, |
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[one time] in a newspaper with general circulation in the district. |
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SECTION 4. Section 1036.053, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1036.053. BALLOT APPLICATION [PETITION]. A person who |
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wants to have the person's name printed on the ballot as a candidate |
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for director must file with the board secretary an application in |
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accordance with Chapter 144, Election Code [a petition requesting
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that action.
The petition must:
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[(1)
be signed by at least 10 registered voters of the
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district, as determined by the most recent official lists of
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registered voters;
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[(2)
be filed not later than the 31st day before the
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date of the election; and
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[(3)
specify the commissioners precinct the candidate
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wants to represent or specify that the candidate wants to represent
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the district at large]. |
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SECTION 5. Subsection (a), Section 1036.160, Special |
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District Local Laws Code, is amended to read as follows: |
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(a) Except as provided by Sections 1036.111, 1036.161, |
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1036.201, 1036.204, [and] 1036.205, and 1036.210, the district may |
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not incur a debt payable from district revenue other than the |
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revenue on hand or to be on hand in the current and the immediately |
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following district fiscal years. |
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SECTION 6. Subchapter D, Chapter 1036, Special District |
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Local Laws Code, is amended by adding Section 1036.161 to read as |
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follows: |
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Sec. 1036.161. AUTHORITY TO BORROW MONEY; SECURITY. |
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(a) The board may borrow money at a rate not to exceed the maximum |
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annual percentage rate allowed by law for district obligations at |
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the time the loan is made. |
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(b) To secure a loan, the board may pledge: |
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(1) district revenue that is not pledged to pay the |
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district's bonded indebtedness; |
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(2) a district tax to be imposed by the district during |
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the 12-month period following the date of the pledge that is not |
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pledged to pay the principal of or interest on district bonds; or |
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(3) district bonds that have been authorized but not |
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sold. |
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(c) A loan for which taxes or bonds are pledged must mature |
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not later than the first anniversary of the date the loan is |
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made. A loan for which district revenue is pledged must mature not |
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later than the fifth anniversary of the date the loan is made. |
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SECTION 7. Subchapter E, Chapter 1036, Special District |
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Local Laws Code, is amended by adding Section 1036.210 to read as |
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follows: |
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Sec. 1036.210. USE OF BOND PROCEEDS. The district may use |
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the proceeds of bonds issued under this subchapter to pay: |
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(1) any expense the board determines is reasonable and |
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necessary to issue, sell, and deliver the bonds; |
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(2) interest payments on the bonds during a period of |
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acquisition or construction of a project or facility to be provided |
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through the bonds, not to exceed five years; |
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(3) costs related to the operation and maintenance of |
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a project or facility to be provided through the bonds: |
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(A) during an estimated period of acquisition or |
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construction, not to exceed five years; and |
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(B) for one year after the project or facility is |
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acquired or constructed; |
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(4) costs related to the financing of the bond funds, |
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including debt service reserve and contingency funds; |
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(5) costs related to the bond issuance; |
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(6) costs related to the acquisition of land or |
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interests in land for a project or facility to be provided through |
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the bonds; and |
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(7) construction costs of a project or facility to be |
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provided through the bonds, including the payment of related |
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professional services and expenses. |
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SECTION 8. Chapter 1036, Special District Local Laws Code, |
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is amended by adding Subchapters G and H to read as follows: |
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SUBCHAPTER G. EXPANSION OF DISTRICT TERRITORY |
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Sec. 1036.301. EXPANSION OF DISTRICT TERRITORY TO ENTIRE |
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COUNTY. The district may expand its territory boundaries to be |
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coextensive with the boundaries of the county in the manner |
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provided by Section 286.101, Health and Safety Code, for the |
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expansion of the territory of a hospital district created under |
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Chapter 286, Health and Safety Code. |
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SUBCHAPTER H. DISSOLUTION |
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Sec. 1036.401. DISSOLUTION; ELECTION. (a) The district |
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may be dissolved only on approval of a majority of the district |
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voters voting in an election held for that purpose. |
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(b) The board may order an election on the question of |
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dissolving the district and disposing of the district's assets and |
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obligations. |
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(c) The board shall order an election if the board receives |
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a petition requesting an election that is signed by at least 15 |
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percent of the registered voters in the district. |
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(d) The order calling the election must state: |
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(1) the nature of the election, including the |
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proposition to appear on the ballot; |
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(2) the date of the election; |
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(3) the hours during which the polls will be open; and |
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(4) the location of the polling places. |
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(e) Section 41.001(a), Election Code, does not apply to an |
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election ordered under this section. |
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Sec. 1036.402. NOTICE OF ELECTION. (a) The board shall |
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give notice of an election under this subchapter by publishing once |
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a week for two consecutive weeks a substantial copy of the election |
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order in a newspaper with general circulation in the district. |
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(b) The first publication of the notice must appear not |
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later than the 35th day before the date set for the election. |
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Sec. 1036.403. BALLOT. The ballot for an election under |
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this subchapter must be printed to permit voting for or against the |
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proposition: "The dissolution of the Hamilton County Hospital |
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District." |
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Sec. 1036.404. ELECTION RESULTS. (a) If a majority of the |
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votes in an election under this subchapter favor dissolution, the |
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board shall find that the district is dissolved. |
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(b) If a majority of the votes in the election do not favor |
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dissolution, the board shall continue to administer the district |
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and another election on the question of dissolution may not be held |
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before the first anniversary of the date of the most recent election |
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on the question of dissolution. |
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Sec. 1036.405. TRANSFER OR ADMINISTRATION OF ASSETS. |
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(a) If a majority of the votes in the election held under this |
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subchapter favor dissolution, the board shall: |
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(1) transfer the land, buildings, improvements, |
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equipment, and other assets that belong to the district to Hamilton |
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County or another governmental entity in Hamilton County; or |
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(2) administer the property, assets, and debts until |
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all money has been disposed of and all district debts have been paid |
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or settled. |
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(b) If the district makes the transfer under Subsection |
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(a)(1), the county or entity assumes all debts and obligations of |
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the district at the time of the transfer, and the district is |
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dissolved. |
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(c) If Subsection (a)(1) does not apply and the board |
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administers the property, assets, and debts of the district under |
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Subsection (a)(2), the district is dissolved when all money has |
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been disposed of and all district debts have been paid or settled. |
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Sec. 1036.406. IMPOSITION OF TAX AND RETURN OF SURPLUS |
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TAXES. (a) After the board finds that the district is dissolved, |
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the board shall: |
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(1) determine the debt owed by the district; and |
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(2) impose on the property included in the district's |
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tax rolls a tax that is in proportion of the debt to the property |
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value. |
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(b) On the payment of all outstanding debts and obligations |
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of the district, the board shall order the secretary to return to |
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each district taxpayer the taxpayer's pro rata share of all unused |
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tax money. |
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(c) A taxpayer may request that the taxpayer's share of |
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surplus tax money be credited to the taxpayer's county taxes. If a |
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taxpayer requests the credit, the board shall direct the secretary |
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to transmit the money to the appropriate county tax |
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assessor-collector. |
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Sec. 1036.407. REPORT; DISSOLUTION ORDER. (a) After the |
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district has paid all district debts and has disposed of all |
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district money and other assets as prescribed by this subchapter, |
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the board shall file a written report with the Commissioners Court |
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of Hamilton County summarizing the board's actions in dissolving |
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the district. |
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(b) Not later than the 10th day after the date the |
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Commissioners Court of Hamilton County receives the report and |
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determines that the requirements of this subchapter have been |
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fulfilled, the commissioners court shall enter an order approving |
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dissolution of the district and releasing the board from any |
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further duty or obligation. |
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SECTION 9. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 490 passed the Senate on |
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March 24, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 490 passed the House on |
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May 19, 2011, by the following vote: Yeas 148, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |