Bill Text: TX HB3397 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to comprehensive reviews of certain special districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2013-05-10 - Referred to s/c on Fiscal Matters by Chair [HB3397 Detail]
Download: Texas-2013-HB3397-Engrossed.html
83R19651 TJB-D | ||
By: Bonnen of Brazoria | H.B. No. 3397 |
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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: | ||
(1) a school district; | ||
(2) a junior college district; or | ||
(3) a political subdivision that receives financial | ||
assistance through the state water implementation fund created by | ||
the 83rd Legislature, Regular Session, 2013. | ||
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 imposes 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 third 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) Except as provided by Subsection (c), the | ||
self-evaluation report must include: | ||
(1) an identification of the statutory provision | ||
authorizing the special district; | ||
(2) an identification of the purpose of the special | ||
district and an assessment of the extent to which the purpose has | ||
been achieved, has failed to be achieved, or is continuing to be | ||
achieved; | ||
(3) an identification of the activities of the special | ||
district that overlap or duplicate those of other governmental | ||
entities; | ||
(4) an identification of each tax, assessment, fee, or | ||
penalty that the special district is authorized to impose or | ||
collect; | ||
(5) a statement of the revenue collected by the | ||
special district and an assessment of whether the revenue exceeds | ||
the amount needed to accomplish the purpose of the district; and | ||
(6) an identification of the special district's | ||
financial liabilities, including bonds and other obligations. | ||
(c) Instead of replicating in the self-evaluation report | ||
information required by Subsection (b) that is posted separately on | ||
the special district's Internet website, or on a website as | ||
authorized by Section 2.006(b)(2), the district may provide in the | ||
report a direct link to, or a clear statement describing the | ||
location of, the separately posted information. | ||
(d) 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, or on a | ||
website as authorized by Section 2.006(b)(2). | ||
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 shall take action to ensure that the notice of the hearing | ||
is published in at least one newspaper of general circulation in the | ||
county in which the district is located and on the district's | ||
Internet website, or on a website as authorized by Section | ||
2.006(b)(2). 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 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 shall take action to ensure that the | ||
following is posted on the special district's Internet website, or | ||
on a website as authorized by Section 2.006(b)(2): | ||
(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) Except as provided by | ||
Subsection (b), a special district shall maintain or cause to be | ||
maintained an Internet website to comply with this chapter. | ||
(b) If a special district did not maintain an Internet | ||
website or cause a website to be maintained on January 1, 2013, the | ||
special district shall post the information required by this | ||
chapter on: | ||
(1) the special district's website, if the special | ||
district chooses to maintain the website or cause the website to be | ||
maintained; or | ||
(2) a website in which the special district controls | ||
the content of the posting, including a social media site, provided | ||
that the information is easily found by searching the name of the | ||
special district on the Internet. | ||
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. |