TITLE: Relating to county requirements for the creation of a special district located in the county.

SUMMARY: Relating to county requirements for the creation of a special district located in the county.

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