Bill Text: TX HB176 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to county requirements for the creation of a special district located in the county.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2023-10-19 - Filed [HB176 Detail]
Download: Texas-2023-HB176-Introduced.html
| 88S30781 MP-D | ||
| By: Bell of Kaufman | H.B. No. 176 | |
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| relating to county requirements for the creation of a special | ||
| district located in the county. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The Local Government Code is amended by adding | ||
| Title 15 to read as follows: | ||
| TITLE 15. REQUIREMENTS FOR CREATION OF CERTAIN LOCAL GOVERNMENTAL | ||
| ENTITIES | ||
| SUBTITLE A. MUNICIPAL REQUIREMENTS | ||
| SUBTITLE B. COUNTY REQUIREMENTS | ||
| CHAPTER 661. SPECIAL DISTRICTS | ||
| Sec. 661.001. DEFINITION. In this chapter, "special | ||
| district" means a political subdivision with a limited geographic | ||
| area created by local law or under general law for a special | ||
| purpose. | ||
| Sec. 661.002. REQUIREMENTS FOR PROPOSED LOCAL LAW | ||
| DISTRICTS. (a) This section applies only to a special district | ||
| created by local law. | ||
| (b) Except as provided by Subsection (c), the commissioners | ||
| court of a county in which a special district is proposed to be | ||
| located may by order adopt requirements for the district to ensure | ||
| that all county territory included in the district will benefit | ||
| from the creation of the district. | ||
| (c) The commissioners court of a county may not adopt an | ||
| order described by Subsection (b) for a special district after the | ||
| effective date of the Act that creates the district. | ||
| (d) A special district shall comply with each order adopted | ||
| under Subsection (b) that applies to the district. | ||
| Sec. 661.003. APPROVAL BEFORE CREATION OF GENERAL LAW | ||
| DISTRICTS. (a) This section applies only to a special district | ||
| created under general law. | ||
| (b) A special district may not be created unless the | ||
| commissioners court of each county in which the district is | ||
| proposed to be located approves the creation of the district after | ||
| each court holds a hearing described by Subsection (c). | ||
| (c) On the request of a person proposing to create a special | ||
| district in a county, the commissioners court of the county shall | ||
| hold a hearing in which the court accepts evidence on the creation | ||
| of the district and whether: | ||
| (1) the creation of the district is feasible, | ||
| practicable, and necessary; and | ||
| (2) the district would wholly or partly benefit the | ||
| county. | ||
| Sec. 661.004. EXCEPTIONS. This chapter does not apply to a | ||
| special district if: | ||
| (1) the creation of the district is initiated by the | ||
| commissioners court of a county; or | ||
| (2) other law requires the approval of the | ||
| commissioners court of a county before the district may be created. | ||
| SECTION 2. Section 661.003, Local Government Code, as added | ||
| by this Act, applies only to a special district, as defined by | ||
| Section 661.001, Local Government Code, as added by this Act, | ||
| created on or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
