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A BILL TO BE ENTITLED
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AN ACT
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relating to county requirements for the creation of a special |
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district located in the county. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The Local Government Code is amended by adding |
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Title 15 to read as follows: |
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TITLE 15. REQUIREMENTS FOR CREATION OF CERTAIN LOCAL GOVERNMENTAL |
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ENTITIES |
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SUBTITLE A. MUNICIPAL REQUIREMENTS |
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SUBTITLE B. COUNTY REQUIREMENTS |
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CHAPTER 661. SPECIAL DISTRICTS |
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Sec. 661.001. DEFINITION. In this chapter, "special |
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district" means a political subdivision with a limited geographic |
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area created by local law or under general law for a special |
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purpose. |
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Sec. 661.002. REQUIREMENTS FOR PROPOSED LOCAL LAW |
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DISTRICTS. (a) This section applies only to a special district |
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created by local law. |
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(b) Except as provided by Subsection (c), the commissioners |
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court of a county in which a special district is proposed to be |
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located may by order adopt requirements for the district to ensure |
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that all county territory included in the district will benefit |
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from the creation of the district. |
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(c) The commissioners court of a county may not adopt an |
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order described by Subsection (b) for a special district after the |
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effective date of the Act that creates the district. |
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(d) A special district shall comply with each order adopted |
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under Subsection (b) that applies to the district. |
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Sec. 661.003. APPROVAL BEFORE CREATION OF GENERAL LAW |
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DISTRICTS. (a) This section applies only to a special district |
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created under general law. |
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(b) A special district may not be created unless the |
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commissioners court of each county in which the district is |
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proposed to be located approves the creation of the district after |
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each court holds a hearing described by Subsection (c). |
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(c) On the request of a person proposing to create a special |
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district in a county, the commissioners court of the county shall |
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hold a hearing in which the court accepts evidence on the creation |
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of the district and whether: |
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(1) the creation of the district is feasible, |
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practicable, and necessary; and |
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(2) the district would wholly or partly benefit the |
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county. |
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Sec. 661.004. EXCEPTIONS. This chapter does not apply to a |
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special district if: |
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(1) the creation of the district is initiated by the |
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commissioners court of a county; or |
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(2) other law requires the approval of the |
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commissioners court of a county before the district may be created. |
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SECTION 2. Section 661.003, Local Government Code, as added |
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by this Act, applies only to a special district, as defined by |
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Section 661.001, Local Government Code, as added by this Act, |
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created on or after the effective date of this Act. |
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SECTION 3. This Act takes effect on the 91st day after the |
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last day of the legislative session. |