Bill Text: TX SB1900 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the ability to exclude certain territory from the Hamlin Hospital District.
Sponsorship: Partisan Bill (Republican 1)
Status: (N/A - Dead) 2011-04-18 - Referred to Intergovernmental Relations [SB1900 Detail]
Download: Texas-2011-SB1900-Introduced.html
| 82R10637 CJC-D | ||
| By: Duncan | S.B. No. 1900 | |
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| relating to the ability to exclude certain territory from the | ||
| Hamlin Hospital District. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 1037, Special District Local Laws Code, | ||
| is amended by adding Subchapter G to read as follows: | ||
| SUBCHAPTER G. CHANGE IN BOUNDARIES | ||
| Sec. 1037.301. PETITION TO EXCLUDE TERRITORY FROM DISTRICT. | ||
| (a) Registered voters of a defined territory included in the | ||
| district may file a petition with the board requesting that the | ||
| defined territory be excluded from the district. | ||
| (b) The petition must be signed by at least 50 registered | ||
| voters of the territory or a majority of those voters, whichever is | ||
| fewer. | ||
| Sec. 1037.302. NOTICE OF HEARING. (a) The board by order | ||
| shall set a time and place to hold a hearing on a petition to exclude | ||
| a defined territory from the district. | ||
| (b) The hearing shall be held at least 30 days after the date | ||
| the board issues the order. | ||
| (c) The board shall notify the governing body of the | ||
| territory to be excluded of the hearing. | ||
| Sec. 1037.303. ORDER OF EXCLUSION. (a) If, after a hearing | ||
| under Section 1037.302, the board and the governing body of the | ||
| territory to be excluded determine that exclusion of the territory | ||
| from the district would benefit the district, the board and the | ||
| governing body may approve the exclusion by a resolution entered in | ||
| their minutes. | ||
| (b) The board and the governing body of the territory to be | ||
| excluded are not required to exclude all territory described in the | ||
| petition if the board and the governing body find that excluding | ||
| only a portion of the territory is necessary or desirable. | ||
| Sec. 1037.304. RATIFICATION ELECTION. (a) Exclusion of | ||
| territory is final when approved by a majority of the voters at: | ||
| (1) an election held in the district; and | ||
| (2) a separate election held in the territory to be | ||
| excluded. | ||
| (b) The election shall be held not earlier than the 45th day | ||
| and not later than the 60th day after the date the election is | ||
| ordered. | ||
| (c) The election may be called by the governing body of the | ||
| territory to be excluded on its own motion. | ||
| (d) The election order must state: | ||
| (1) the nature of the election, including the | ||
| proposition to appear on the ballot; | ||
| (2) the date of the election; | ||
| (3) the hours during which the polls will be open; and | ||
| (4) the location of the polling places. | ||
| (e) Section 41.001(a), Election Code, does not apply to an | ||
| election held under this section. | ||
| Sec. 1037.305. NOTICE OF RATIFICATION ELECTION. (a) The | ||
| governing body of the territory to be excluded shall give notice of | ||
| an election under Section 1037.304 by publishing once a week for two | ||
| consecutive weeks a substantial copy of the election order in a | ||
| newspaper with general circulation in: | ||
| (1) the district; and | ||
| (2) the territory proposed to be excluded from the | ||
| district. | ||
| (b) The first publication of the notice must appear at least | ||
| 35 days before the date of the election. | ||
| Sec. 1037.306. BALLOT. The ballot for an election under | ||
| Section 1037.304 shall be printed to permit voting for or against | ||
| the proposition: "Excluding (description of territory to be | ||
| excluded) from the Hamlin Hospital District." | ||
| Sec. 1037.307. SATISFACTION OF PROPORTIONATE SHARE OF DEBT. | ||
| The exclusion of territory under this subchapter does not diminish | ||
| or impair the rights of the holders of any outstanding and unpaid | ||
| bonds, warrants, or other district obligations. The district shall | ||
| continue to impose taxes each year on the excluded territory at the | ||
| same rate imposed on other territory in the district until the total | ||
| amount of taxes collected from the excluded territory equals its | ||
| pro rata share of the indebtedness of the district at the time the | ||
| territory was excluded. The taxes collected under this section | ||
| shall be applied only to the payment of the excluded territory's pro | ||
| rata share of indebtedness. The owner of all or part of the | ||
| excluded territory at any time may pay in full the owner's share of | ||
| the excluded territory's pro rata share of the district's | ||
| indebtedness at the time the territory was excluded. | ||
| Sec. 1037.308. EXCLUSION ORDER. After the territory to be | ||
| excluded has paid its proportionate share of the district debt, the | ||
| board shall enter a resolution in its minutes excluding the | ||
| territory from the district and releasing the excluded territory | ||
| from any further duty or obligation. | ||
| SECTION 2. This Act takes effect September 1, 2011. | ||
