General and Special Laws of The State of Texas Passed By The Second Called Session of the Sixty-Eighth Legislature and the Regular Session of the Sixty-Ninth Legislature Page: 84
The following text was automatically extracted from the image on this page using optical character recognition software:
68th LEGIS-2nd CALLED SESSION
(b) At the hearing, the board may require the presentation of any additional information or
testimony necessary to make a determination, and the governing body of the governmental entity
that is to accept conveyance of the facilities may have its representative attend the hearing and
present any information and testimony that the governmental entity considers necessary.
(c) In the case of a facility to be conveyed to a county that is located within a city or cities or
within the extraterritorial jurisdiction of one or more cities, the city or cities may have their
representatives attend the hearing and present any information and testimony that the city or
cities consider necessary.
(d) At the conclusion of the hearing, if the board determines that the work on the facilities is
complete and that the facilities should be conveyed to the governmental entity, the board shall
proceed to issue an order to convey the facilities to the governmental entity subject to the
requirements of this Act and to file a copy of the order with the commission together with the
proposed instrument of conveyance.
(e) A conveyance of facilities to a governmental entity as provided by this Act shall be made
free and clear of all indebtedness of the district.
(f) If the board determines that the work on the facilities has not been completed
satisfactorily, the board shall take necessary actions to have the facilities completed as required
by the district's plans and the contract. The district shall follow the procedures and
requirements provided by this section and Section 39 of this Act before issuing an order to
convey facilities to the governmental entity.
SECTION 41. RESPONSIBILITIES OF GOVERNMENTAL ENTITY. (a) Each facility
that is constructed, acquired, or improved by a district under this Act, on completion and
approval of the construction, acquisition, or improvement by the board and notification and
approval by the commission, shall be conveyed to the governmental entity that is designated in
the district's petition to the commission provided the facilities are not encumbered by
(b) A governmental entity to which a facility is conveyed shall take jurisdiction of and
become the owner of the facility and shall be responsible for all future maintenance and upkeep,
and the district will have no further responsibility for the facility. This subsection does not limit
or modify the authority of the governmental entity to alter, relocate, close, or discontinue
maintenance of any facility as provided by law.
(c) On conveyance of a facility to a governmental entity under this Act, the district is no
longer responsible for the facility or its maintenance or upkeep, and the control over the facility
is solely in the governmental entity to which it is conveyed.
(d) Conveyance of a facility to a governmental entity under this section does not affect the
duties and responsibilities of the district to pay in full the principal of and the premium, if any,
and interest on any outstanding bonds or other indebtedness of the district and to observe and
perform the covenants, obligations, or conditions provided by the orders or resolutions
authorizing the bonds or other indebtedness. Notwithstanding the conveyance of facilities to a
governmental entity under this section, the district is solely responsible and liable for payment in
full of the principal of and the premium and interest on any bonds or other indebtedness of the
(e) Within 15 days after receiving a board's order to convey a facility to a governmental
entity, the commission shall issue an order authorizing the conveyance unless the commission
considers the facility not to be completed according to the plans and written approvals of the
commission or unless a written protest is filed by the governmental entity to which the facility is
being conveyed, or, in the case of a facility that is being conveyed to a county and that is located
within one or more cities or the extraterritorial jurisdiction of one or more cities, by one or more
such cities. If the commission does not consider the facility being conveyed to be completed
according to the plan and other written approvals of the commission or if a written protest is
filed with the commission in accordance with this subsection, the commission shall issue an
order, within 15 days after receiving the board's conveyance order or within 15 days after
receiving the written protest, whichever is later, delaying the facility conveyance until the district
fully complies with the plans and written approvals. The commission does not have to give
notice or hold a hearing before issuing an order under this subsection.
(f) This Act may not be construed as preventing the conveyance of a portion of the facilities
proposed to be constructed by a district if the district's facilities are constructed in stages.
SECTION 42. FISCAL YEAR. (a) The district shall be operated on the basis of a fiscal
year established by the board.
(b) The fiscal year may not be changed more than once in a 24-month period.
SECTION 43. ANNUAL AUDIT. Annually, the board shall have an audit made of the
financial condition of the district.
CH 13, SEC 40
Here’s what’s next.
This document can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Legislative Document.
Texas. Legislature. General and Special Laws of The State of Texas Passed By The Second Called Session of the Sixty-Eighth Legislature and the Regular Session of the Sixty-Ninth Legislature, legislative document, 1985; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth221803/m1/88/: accessed May 23, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.