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AN ACT
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relating to procedures for the dissolution of the Hamlin Hospital |
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District; authorizing the imposition of a tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1037, Special District Local Laws Code, |
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is amended by adding Subchapter G to read as follows: |
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SUBCHAPTER G. DISSOLUTION |
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Sec. 1037.301. 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 election must be ordered in accordance with Section |
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3.005, Election Code. 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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Sec. 1037.302. 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. 1037.303. 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 Hamlin Hospital District." |
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Sec. 1037.304. 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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to dissolve the district. |
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Sec. 1037.305. TRANSFER, SALE, OR ADMINISTRATION OF ASSETS. |
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(a) If a majority of the votes in an 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 Jones |
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County or another governmental entity in Jones County; |
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(2) sell the assets and liabilities to another person; |
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or |
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(3) 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 board makes the transfer under Subsection (a)(1), |
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the county or entity assumes all debts and obligations of the |
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district at the time of the transfer, and the district is dissolved. |
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(c) If Subsections (a)(1) and (2) do 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)(3), 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. 1037.306. SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
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(a) The dissolution of the district and the sale or transfer of the |
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district's assets and liabilities to another person may not |
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contravene a trust indenture or bond resolution relating to the |
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district's outstanding bonds. The dissolution and sale or |
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transfer does not diminish or impair the rights of a holder of an |
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outstanding bond, warrant, or other obligation of the district. |
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(b) The sale or transfer of the district's assets and |
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liabilities must satisfy the debt and bond obligations of the |
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district in a manner that protects the interests of district |
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residents, including the residents' collective property rights in |
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the district's assets. |
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(c) The district may not transfer or dispose of the |
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district's assets except for due compensation unless: |
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(1) the transfer is made to another governmental |
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entity that serves the district; and |
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(2) the transferred assets are to be used for the |
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benefit of the district's residents. |
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Sec. 1037.307. 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 county tax assessor-collector. |
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Sec. 1037.308. 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 Jones County summarizing the board's actions in dissolving the |
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district. |
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(b) Not later than the 10th day after the date the |
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Commissioners Court of Jones 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 dissolving |
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the district and releasing the board from any further duty or |
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obligation. |
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SECTION 2. This Act takes effect September 1, 2013. |
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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. 2118 was passed by the House on May 8, |
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2013, by the following vote: Yeas 147, Nays 0, 2 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. 2118 was passed by the Senate on May |
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22, 2013, 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 |