Bill Text: TX HB2825 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the dissolution of a levee improvement district by a commissioners court.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB2825 Detail]
Download: Texas-2017-HB2825-Enrolled.html
H.B. No. 2825 |
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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 |