Bill Text: TX HB1548 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to comprehensive reviews of certain special districts.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2015-03-09 - Referred to Special Purpose Districts [HB1548 Detail]
Download: Texas-2015-HB1548-Introduced.html
| 84R8356 TJB-D | ||
| By: Harless | H.B. No. 1548 | |
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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; or | ||
| (2) a junior college district. | ||
| 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, 2015, 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, 2015, 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, 2016. | ||
| SECTION 3. This Act takes effect September 1, 2015. | ||
