| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to comprehensive reviews of certain special districts. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 1, Special District Local Laws Code, is |
|
|
amended by adding Chapter 2 to read as follows: |
|
|
CHAPTER 2. COMPREHENSIVE REVIEW OF CERTAIN SPECIAL DISTRICTS |
|
|
Sec. 2.001. DEFINITION. In this chapter, "special |
|
|
district" means a political subdivision of this state that has a |
|
|
limited geographic area, is created by local law or under general |
|
|
law for a special purpose, and is authorized to impose a tax, |
|
|
assessment, or fee. The term does not include a school district or |
|
|
junior college district. |
|
|
Sec. 2.002. COMPREHENSIVE REVIEW REQUIRED. (a) At least |
|
|
once every six years, the governing body of a special district that |
|
|
has outstanding debt or imposed a tax, assessment, or fee shall |
|
|
conduct a comprehensive review of the district under this chapter. |
|
|
(b) The governing body of a special district that issues |
|
|
debt or imposes a tax, assessment, or fee for the first time on or |
|
|
after September 1, 2013, shall conduct the first comprehensive |
|
|
review not later than the first anniversary of the date the |
|
|
governing body issues the debt or imposes the tax, assessment, or |
|
|
fee. |
|
|
Sec. 2.003. COMPREHENSIVE SELF-EVALUATION REPORT. (a) |
|
|
After conducting the review, the governing body must publish a |
|
|
written self-evaluation report not later than the 30th day before |
|
|
the date of the public hearing required by Section 2.005. |
|
|
(b) The self-evaluation report must include: |
|
|
(1) an identification of the statutory provision |
|
|
authorizing the special district; |
|
|
(2) an identification of the mission, goals, and |
|
|
objectives intended for the special district and an assessment of |
|
|
the extent to which the mission, goals, and objectives have been |
|
|
achieved, have failed to be achieved, or are continuing to be |
|
|
achieved; |
|
|
(3) an identification of the problem or need that the |
|
|
special district was created to address and an assessment of the |
|
|
extent to which the problem or need has been addressed, has failed |
|
|
to be addressed, or is continuing to be addressed; |
|
|
(4) an identification of the activities of the special |
|
|
district that overlap or duplicate those of other governmental |
|
|
entities; |
|
|
(5) an identification of each tax, assessment, fee, or |
|
|
penalty that the special district is authorized to impose or |
|
|
collect; |
|
|
(6) a statement of the revenue collected by the |
|
|
special district and an assessment of whether the revenue exceeds |
|
|
the amount needed to accomplish the mission, goals, and objectives |
|
|
of the district; and |
|
|
(7) an identification of the special district's |
|
|
financial liabilities, including bonds and other obligations. |
|
|
(c) The governing body must make the self-evaluation report |
|
|
available for inspection by any person. The governing body must |
|
|
take action to ensure that the self-evaluation report is posted |
|
|
continuously on the special district's Internet website. |
|
|
Sec. 2.004. NOTICE OF HEARING. (a) Not earlier than the |
|
|
30th day or later than the 15th day before the date of the hearing |
|
|
required by Section 2.005, the governing body of the special |
|
|
district must publish notice of the hearing in at least one |
|
|
newspaper of general circulation in the county in which the |
|
|
district is located and on the district's Internet website. The |
|
|
notice on the website must remain posted until the conclusion of the |
|
|
hearing. |
|
|
(b) The notice must contain a statement in the following |
|
|
form: |
|
|
"NOTICE OF PUBLIC MEETING TO CONSIDER THE COMPREHENSIVE |
|
|
SELF-EVALUATION REPORT OF THE (INSERT NAME OF SPECIAL DISTRICT) |
|
|
"The (insert name of the district) was created in (insert |
|
|
year) to (insert purpose for district's creation). The district |
|
|
imposes a (insert type of tax, assessment, or fee, as appropriate, |
|
|
and the appropriate rate or amount). State law requires the |
|
|
district to hold a hearing at least every six years to consider the |
|
|
district's comprehensive self-evaluation report. The hearing will |
|
|
be held on (insert date) at (insert time) at (insert location). A |
|
|
copy of the district's comprehensive self-evaluation report is |
|
|
available at (insert the physical address of the district's main |
|
|
office, or the physical address of the main office of another local |
|
|
political subdivision if the district does not maintain an office, |
|
|
and the district's website address where the comprehensive |
|
|
self-evaluation report is posted)." |
|
|
Sec. 2.005. PUBLIC HEARING. (a) The governing body of a |
|
|
special district must conduct a public hearing at which persons |
|
|
interested in the self-evaluation report are given the opportunity |
|
|
to be heard. |
|
|
(b) Not later than the 10th day after the date of the public |
|
|
hearing, the governing body must post on the special district's |
|
|
Internet website: |
|
|
(1) the minutes of the hearing; |
|
|
(2) the estimated number of members of the public in |
|
|
attendance at the hearing; and |
|
|
(3) the number of witnesses testifying at the hearing. |
|
|
Sec. 2.006. INTERNET WEBSITE. A special district shall |
|
|
maintain an Internet website to comply with this chapter. |
|
|
SECTION 2. The governing body of a special district to which |
|
|
Section 2.002, Special District Local Laws Code, as added by this |
|
|
Act, applies that has issued debt or imposed a tax, assessment, or |
|
|
fee before the effective date of this Act must conclude the first |
|
|
comprehensive review cycle required by that section not later than |
|
|
September 1, 2014. |
|
|
SECTION 3. This Act takes effect September 1, 2013. |