Bill Text: TX HB4172 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the dissolution of the Chisholm Trail Special Utility District.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-08 - Committee report sent to Calendars [HB4172 Detail]
Download: Texas-2015-HB4172-Introduced.html
By: Farney | H.B. No. 4172 |
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relating to the dissolution of the Chisholm Trail Special Utility | ||
District. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 7219 to read as follows: | ||
CHAPTER 7219. CHISHOLM TRAIL SPECIAL UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7219.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of Georgetown. | ||
(3) "District" means the Chisholm Trail Special | ||
Utility District. | ||
SUBCHAPTER B. DISSOLUTION OF DISTRICT | ||
Sec. 7219.051. PROPOSAL FOR DISSOLUTION; NOTICE. (a) If a | ||
majority of the board votes to propose to dissolve the district, the | ||
board may issue notice of a hearing on a proposal to dissolve the | ||
district. | ||
(b) Not later than the 14th day before the date set for the | ||
hearing, notice of the hearing must: | ||
(1) be posted at the courthouse of each county in which | ||
the district is located and at the district's office; and | ||
(2) be published at least one time in a newspaper of | ||
general circulation in each county in which the district is | ||
located. | ||
Sec. 7219.052. HEARING AND ORDER. (a) At the hearing, held | ||
at the time and place stated in the notice under Section 7219.051, | ||
the board shall: | ||
(1) hear all interested persons; | ||
(2) consider whether the best interests of the persons | ||
and property in the district will be served by dissolving the | ||
district; and | ||
(3) vote on whether to dissolve the district. | ||
(b) If two-thirds of the members of the board vote to | ||
dissolve the district, the board shall enter a finding in its | ||
records that the district will be dissolved after completion of the | ||
process to transfer to the city the district's certificate of | ||
convenience and necessity and other assets and liabilities under | ||
Section 7219.053. After the district's certificate of convenience | ||
and necessity and other assets and liabilities are transferred to | ||
the city under Section 7219.053, the board shall enter an order in | ||
its records dissolving the district. | ||
(c) If two-thirds of the members of the board do not vote to | ||
dissolve the district, the board shall enter an order in its records | ||
providing that the district is not to be dissolved. | ||
Sec. 7219.053. ASSUMPTION OF OPERATION, | ||
MANAGEMENT, AND | ||
ASSETS AND LIABILITIES OF DISTRICT. (a) On the date the board | ||
enters a finding under Section 7219.052(b) that the district will | ||
be dissolved, the city shall assume: | ||
(1) control of the operation and management of the | ||
affairs of the district, to the extent that the operation and | ||
management was not previously assumed by the city by contractual | ||
agreement; | ||
(2) all rights, duties, and obligations of the | ||
district, including existing contracts, duties, assets, property, | ||
easements, financial obligations, and liabilities of the district, | ||
to the extent that those rights, duties, and obligations were not | ||
previously assumed by the city by contractual agreement; | ||
(3) all files, records, and accounts of the district, | ||
including those that pertain to the control, finances, management, | ||
and operation of the district; and | ||
(4) all permits, approvals, and licenses of the | ||
district. | ||
(b) To the extent that the assumption of an item listed in | ||
Subsection (a) requires the approval of a state agency, the state | ||
agency shall grant approval without additional notice or hearing. | ||
(c) This section does not enhance or harm the position of a | ||
contracting party. | ||
Sec. 7219.054. JUDICIAL REVIEW OF BOARD'S ORDER. The | ||
board's order dissolving the district is final and may not be | ||
appealed in any manner to any judicial, administrative, or other | ||
tribunal if the board's order is entered after the completion of the | ||
process to transfer the district's certificate of convenience and | ||
necessity has been completed, including any necessary approval of a | ||
state agency. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |