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A BILL TO BE ENTITLED
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AN ACT
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relating to the dissolution of a levee improvement district by a |
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commissioners court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter I, Chapter 57, Water Code, is amended |
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by adding Section 57.3295 to read as follows: |
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Sec. 57.3295. DISSOLUTION OF DISTRICT BY COMMISSIONERS |
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COURT WITHOUT PETITION. (a) The commissioners court of a county |
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that contains a portion of the Trinity River may dissolve a district |
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at any time if the court finds the following: |
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(1) the district has been dormant for more than five |
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years; |
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(2) the physical boundaries of the district cannot be |
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determined; |
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(3) the board of directors of the district is not |
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active, or cannot be determined; |
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(4) property owners of the district cannot be |
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determined; or |
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(5) a levee partially or completely inside the |
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boundaries of the district has received a rating of unacceptable |
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from the United States Army Corps of Engineers and the district has |
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not undertaken, attempted to undertake, or made plans to undertake |
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reasonable efforts to address the concerns of the United States |
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Army Corps of Engineers. |
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(b) The commissioners court shall hold a public hearing |
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before voting on a dissolution order. The hearing must be held not |
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later than the seventh day before the date the dissolution order is |
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subject to a vote by the commissioners court. |
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(c) Notice of the public hearing must be published in a |
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regularly circulated newspaper within the county not later than the |
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seventh day before the date the public hearing is scheduled to |
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occur. |
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(d) If the commissioners court votes to dissolve the |
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district, the commissioners court shall appoint the chairman of the |
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board or some other suitable person as trustee to close the affairs |
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of the district without delay, and shall determine the length of the |
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term and the amount of compensation for the trustee. |
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(e) A district may not be dissolved under this section if |
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the district: |
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(1) has any outstanding bonds or other indebtedness |
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until that indebtedness has been repaid or defeased in accordance |
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with the order or resolution authorizing the issuance of the bonds; |
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or |
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(2) has a contractual obligation to pay money until |
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that obligation has been paid fully in accordance with the |
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contract. |
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SECTION 2. The heading to Section 57.322, Water Code, is |
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amended to read as follows: |
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Sec. 57.322. REQUIREMENTS FOR DISSOLVING A DISTRICT BY |
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PETITION. |
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SECTION 3. This Act takes effect September 1, 2017. |