|
|
|
|
AN ACT
|
|
relating to the dissolution of a levee improvement district by a |
|
commissioners court. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter I, Chapter 57, Water Code, is amended |
|
by adding Section 57.3295 to read as follows: |
|
Sec. 57.3295. DISSOLUTION OF DISTRICT BY COMMISSIONERS |
|
COURT WITHOUT PETITION. (a) The commissioners court of a county |
|
that contains a portion of the Trinity River may dissolve a district |
|
at any time if the court finds the following: |
|
(1) the district has been dormant for more than five |
|
years; |
|
(2) the physical boundaries of the district cannot be |
|
determined; |
|
(3) the board of directors of the district is not |
|
active, or cannot be determined; |
|
(4) property owners of the district cannot be |
|
determined; or |
|
(5) a levee partially or completely inside the |
|
boundaries of the district has received a rating of unacceptable |
|
from the United States Army Corps of Engineers and the district has |
|
not undertaken, attempted to undertake, or made plans to undertake |
|
reasonable efforts to address the concerns of the United States |
|
Army Corps of Engineers. |
|
(b) The commissioners court shall hold a public hearing |
|
before voting on a dissolution order. The hearing must be held not |
|
later than the seventh day before the date the dissolution order is |
|
subject to a vote by the commissioners court. |
|
(c) Notice of the public hearing must be published in a |
|
regularly circulated newspaper within the county not later than the |
|
seventh day before the date the public hearing is scheduled to |
|
occur. |
|
(d) If the commissioners court votes to dissolve the |
|
district, the commissioners court shall appoint the chairman of the |
|
board or some other suitable person as trustee to close the affairs |
|
of the district without delay, and shall determine the length of the |
|
term and the amount of compensation for the trustee. |
|
(e) A district may not be dissolved under this section if |
|
the district: |
|
(1) has any outstanding bonds or other indebtedness |
|
until that indebtedness has been repaid or defeased in accordance |
|
with the order or resolution authorizing the issuance of the bonds; |
|
or |
|
(2) has a contractual obligation to pay money until |
|
that obligation has been paid fully in accordance with the |
|
contract. |
|
(f) This section applies only to a commissioners court of a |
|
county that: |
|
(1) has a population of not less than 2.2 million and |
|
that is adjacent to a county with a population of not less than 1.8 |
|
million; |
|
(2) has a population of not more than 200,000 and that |
|
contains a portion of Joe Pool Lake; |
|
(3) has a population of not less than 47,000 and that |
|
contains a portion of the Richland Chambers Reservoir; or |
|
(4) has a population of not less than 100,000 and that |
|
contains a portion of the Cedar Creek Reservoir. |
|
SECTION 2. The heading to Section 57.322, Water Code, is |
|
amended to read as follows: |
|
Sec. 57.322. REQUIREMENTS FOR DISSOLVING A DISTRICT BY |
|
PETITION. |
|
SECTION 3. This Act takes effect September 1, 2017. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 2825 was passed by the House on April |
|
20, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 2825 on May 24, 2017, by the following vote: Yeas 143, Nays 1, |
|
3 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 2825 was passed by the Senate, with |
|
amendments, on May 22, 2017, by the following vote: Yeas 30, Nays |
|
0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |