Bill Text: TX SB239 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to meetings for certain special purpose districts.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Passed) 2019-05-22 - Effective on 9/1/19 [SB239 Detail]

Download: Texas-2019-SB239-Comm_Sub.html

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By: Nelson S.B. No. 239
(In the Senate - Filed December 13, 2018; February 7, 2019,
read first time and referred to Committee on Business & Commerce;
April 29, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; April 29, 2019,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 239 By: Nichols

A BILL TO BE ENTITLED
AN ACT
relating to meetings for certain special purpose districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 403.0241(c), Government Code, is amended
to read as follows:
(c) For each special purpose district described by
Subsection (b), the database must include:
(1) the name of the special purpose district;
(2) the name of each board member of the special
purpose district;
(3) contact information for the main office of the
special purpose district, including the physical address, the
mailing address, and the main telephone number;
(4) if the special purpose district employs a person
as a general manager or executive director, or in another position
to perform duties or functions comparable to those of a general
manager or executive director, the name of the employee;
(5) if the special purpose district contracts with a
utility operator, contact information for a person representing the
utility operator, including a mailing address and a telephone
number;
(6) if the special purpose district contracts with a
tax assessor-collector, contact information for a person
representing the tax assessor-collector, including a mailing
address and telephone number;
(7) the special purpose district's Internet website
address, if any;
(8) the information the special purpose district is
required to report under Section 140.008(b) or (g), Local
Government Code, including any revenue obligations;
(9) the total amount of bonds authorized by the voters
of the special purpose district that are payable wholly or partly
from ad valorem taxes, excluding refunding bonds if refunding bonds
were separately authorized and excluding contract revenue bonds;
(10) the aggregate initial principal amount of all
bonds issued by the special purpose district that are payable
wholly or partly from ad valorem taxes, excluding refunding bonds
and contract revenue bonds;
(11) the rate of any sales and use tax the special
purpose district imposes; [and]
(12) for a special purpose district that imposes an ad
valorem tax:
(A) the ad valorem tax rate for the most recent
tax year if the district is a district as defined by Section 49.001,
Water Code; or
(B) the table of ad valorem tax rates for the most
recent tax year described by Section 26.16, Tax Code, in the form
required by that section, if the district is not a district as
defined by Section 49.001, Water Code; and
(13) a link to the Internet website described by
Section 49.062(g), Water Code, with a plain-language description of
how a resident may petition to require that board meetings of
certain special purpose districts be held not further than 10 miles
from the boundary of the district.
SECTION 2. Subchapter F, Chapter 551, Government Code, is
amended by adding Section 551.1283 to read as follows:
Sec. 551.1283. GOVERNING BODY OF CERTAIN WATER DISTRICTS:
INTERNET POSTING OF MEETING MATERIALS; RECORDING OF CERTAIN
HEARINGS. (a) This section only applies to a special purpose
district subject to Chapter 51, 53, 54, or 55, Water Code, that has
a population of 500 or more.
(b) On written request of a district resident made to the
district not later than the third day before a public hearing to
consider the adoption of an ad valorem tax rate, the district shall
make an audio recording of reasonable quality of the hearing and
provide the recording to the resident in an electronic format not
later than the fifth business day after the date of the hearing.
The district shall maintain a copy of the recording for at least one
year after the date of the hearing.
(c) A district shall post the minutes of the meeting of the
governing body to the district's Internet website if the district
maintains an Internet website.
SECTION 3. Section 49.062, Water Code, is amended by
amending Subsections (b) and (c) and adding Subsections (c-1), (e),
(f), and (g) to read as follows:
(b) The board shall designate one or more places inside or
outside the district for conducting the meetings of the board. The
meeting place may be a private residence or office, provided that
the board, in its order establishing the meeting place, declares
the same to be a public place and invites the public to attend any
meeting of the board. If the board establishes a meeting place or
places outside the district, it shall give notice of the location or
locations by filing a true copy of the resolution establishing the
location or locations of the meeting place or places and a
justification of why the meeting will not be held in the district or
within 10 miles of the boundary of the district, if applicable, with
the commission and also by publishing notice of the location or
locations in a newspaper of general circulation in the district. If
the location of any of the meeting places outside the district is
changed, notice of the change shall be given in the same manner.
(c) After at least 50 [25] qualified electors are residing
in a district, on written request of at least five of those
electors, the board shall designate a meeting place and hold
meetings within the district. If no suitable meeting place exists
inside the district, the board may designate a meeting place
outside the district that is located not further than 10 miles from
the boundary of the district [if it determines that the meeting
place used by the district deprives the residents of a reasonable
opportunity to attend district meetings].
(c-1) On the failure, after a request is made under
Subsection (c), of the board to designate the location of the
meeting place within the district or not further than 10 miles from
the boundary of the district, five electors may petition the
commission to designate a location. If it determines that the
meeting place used by the district deprives the residents of a
reasonable opportunity to attend district meetings, the commission
shall [may] designate a meeting place inside or outside the
district which is reasonably available to the public and require
that the meetings be held at such place. [After the next election,
the board may designate different meeting places, including one
located outside the boundaries of the district.]
(e) After holding a meeting at a place designated under
Subsection (c) or (c-1), the board may hold a hearing on the
designation of a different meeting place, including a meeting place
outside of the district. The board may hold meetings at the
designated meeting place if, at the hearing, the board determines
that the new meeting place is beneficial to the district and will
not deprive the residents of the district of a reasonable
opportunity to attend meetings. The board may not hold meetings at
a meeting place outside the district or further than 10 miles from
the boundaries of the district if the board receives a petition
under Subsection (c-1).
(f) The commission shall make a determination under
Subsection (c-1) not later than the 60th day after the date the
commission receives the petition.
(g) The commission shall provide information on the
commission's Internet website on the process for designation by the
commission of a meeting place under Subsection (c-1) and a form that
may be used to request that the commission make the designation with
submission instructions.
SECTION 4. Subchapter C, Chapter 49, Water Code, is amended
by adding Section 49.0631 to read as follows:
Sec. 49.0631. MEETING INFORMATION ON WATER BILL. A
district providing potable water or sewer service shall as a part of
the district's billing process include on a district's bill to a
customer the following statement: "For more information about the
district, including information about the district's board and
board meetings, please go to the Comptroller's Special Purpose
District Public Information Database or (district's Internet
website if the district maintains an Internet website)." The
statement may be altered to provide the current Internet website
address of either the database created under Section 403.0241,
Government Code, or the district.
SECTION 5. The changes in law made by this Act apply only to
an open meeting held on or after the effective date of this Act. An
open meeting that is held before the effective date of this Act is
governed by the law in effect on the date of the open meeting, and
the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2019.
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