Texas 2009 - 81st Regular

Texas House Bill HB4648 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	81R22955 GCB-F
2	2	By: Coleman H.B. No. 4648
3	3	Substitute the following for H.B. No. 4648:
4	4	By: Turner of Tarrant C.S.H.B. No. 4648
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to authorizing municipalities located in certain counties
10	10	to create residential management districts.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 375, Local Government Code, is amended
13	13	by adding Subchapter R to read as follows:
14	14	SUBCHAPTER R. RESIDENTIAL MANAGEMENT DISTRICTS
15	15	Sec. 375.451. APPLICABILITY. This subchapter applies only
16	16	to a municipality with a population of more than 1,900,000 that is
17	17	located in a county with a population of more than two million.
18	18	Sec. 375.452. DEFINITIONS. In this subchapter:
19	19	(1) "Associated low-density multifamily residential
20	20	housing" means residential housing in a building of three or fewer
21	21	stories, including a townhome, patio home, triplex, or quadruplex,
22	22	that is located in a residential neighborhood.
23	23	(2) "Deed-restricted residential subdivision" means a
24	24	subdivision, including all of the subdivision's sections, annexes,
25	25	extensions, and associated residentially deed-restricted parcels
26	26	or tracts, that is:
27	27	(A) governed by deed restrictions; and
28	28	(B) consists of lots for:
29	29	(i) single-family dwellings; and
30	30	(ii) associated low-density multifamily
31	31	residential housing.
32	32	(3) "District" means a residential management
33	33	district created by a municipality under this subchapter.
34	34	(4) "Predominately single-family residential
35	35	subdivision or generally recognized residential area" means an area
36	36	that, regardless of whether the area is governed by deed
37	37	restrictions, consists mostly of tracts for single-family
38	38	dwellings and associated low-density multifamily residential
39	39	housing.
40	40	(5) "Residential neighborhood" means a contiguous
41	41	area composed of:
42	42	(A) a deed-restricted residential subdivision;
43	43	(B) a predominately single-family residential
44	44	subdivision or generally recognized residential area; or
45	45	(C) any combination of two or more
46	46	deed-restricted residential subdivisions or predominately
47	47	single-family residential subdivisions or generally recognized
48	48	residential areas.
49	49	(6) "Single-family dwelling" means:
50	50	(A) a single building that is:
51	51	(i) located on a single lot; and
52	52	(ii) designed for and contains not more
53	53	than two separate dwelling units with facilities for living,
54	54	sleeping, cooking, and eating;
55	55	(B) two buildings, one of which is not more than
56	56	900 square feet in size, that are located on a single lot and each
57	57	contain not more than one dwelling unit; or
58	58	(C) a building that contains not more than one
59	59	dwelling unit and that stands on one lot and is connected by a party
60	60	wall to another building that stands on an adjacent lot and that
61	61	contains not more than one dwelling unit.
62	62	Sec. 375.453. PETITION. (a) The governing body of a
63	63	municipality may create a district only if the governing body
64	64	receives a petition requesting creation of the district that
65	65	describes a proposed area at least 90 percent of which is a
66	66	residential neighborhood.
67	67	(b) The petition must be signed by:
68	68	(1) the owners of a majority of the assessed value of
69	69	the real property in the proposed district, according to the most
70	70	recent certified county property tax rolls; or
71	71	(2) 50 persons who own real property in the proposed
72	72	district if, according to the most recent certified county property
73	73	tax rolls, more than 50 persons own real property in the proposed
74	74	district.
75	75	(c) The petition must:
76	76	(1) describe the boundaries of the proposed district
77	77	by metes and bounds or, if there is a recorded map or plat and survey
78	78	of the area, by lot and block number;
79	79	(2) include a name of the district, which must be
80	80	generally descriptive of the location of the district, followed by
81	81	"Residential Management District";
82	82	(3) propose the number of directors the district will
83	83	have, which must be at least five and not more than nine;
84	84	(4) include a proposed list of initial directors that
85	85	includes the directors' experience and initial terms of service;
86	86	and
87	87	(5) include a statement of the zoning powers granted
88	88	to a municipality under Chapter 211 that it is proposed the district
89	89	will exercise, subject to an election approving the exercise of
90	90	those powers.
91	91	Sec. 375.454. NOTICE OF HEARING. The governing body of a
92	92	municipality shall set a date, time, and place for a hearing to
93	93	consider each petition received. The governing body shall issue a
94	94	notice of the date, time, and place of hearing. The notice must
95	95	state that each person has a right to appear and present evidence
96	96	and testify for or against the allegations in the petition, the form
97	97	of the petition, and the necessity and feasibility of the district.
98	98	Sec. 375.455. HEARING. (a) At a hearing set under Section
99	99	375.454, the governing body of a municipality shall examine the
100	100	petition to determine its sufficiency. Any interested person may
101	101	appear before the governing body in person or by attorney and offer
102	102	testimony on the sufficiency of the petition and whether the
103	103	district is feasible and necessary and would be a benefit to all or
104	104	any part of the land proposed to be included in the district.
105	105	(b) The governing body of the municipality has jurisdiction
106	106	to determine each issue relating to the sufficiency of the petition
107	107	and to the creation of the district and may issue necessary
108	108	incidental resolutions in relation to the issues before the
109	109	governing body. The governing body may adjourn the hearing from day
110	110	to day.
111	111	(c) If after the hearing the governing body of the
112	112	municipality finds that the petition conforms to the requirements
113	113	of Section 375.453 and that the district is feasible and necessary
114	114	and would benefit the public, the governing body by order shall make
115	115	that finding and grant the petition. In determining if the project
116	116	is feasible and necessary and would benefit the public, the
117	117	governing body shall consider:
118	118	(1) the availability of comparable services from other
119	119	systems, including special districts, municipalities, and regional
120	120	authorities; and
121	121	(2) the reasonableness of the proposed public purpose
122	122	projects and services.
123	123	Sec. 375.456. INITIAL DIRECTORS. If the governing body of
124	124	the municipality grants the petition and creates the district, the
125	125	governing body shall appoint the number of initial directors
126	126	requested in the petition.
127	127	Sec. 375.457. QUALIFICATIONS OF DIRECTOR. To be qualified
128	128	to serve as a director, a person must be at least 18 years of age and
129	129	a resident of the district.
130	130	Sec. 375.458. CONFIRMATION ELECTION AND ELECTION OF
131	131	DIRECTORS AND ZONING POWERS. The initial directors shall hold an
132	132	election on the first available uniform election date that occurs
133	133	after the time required by Section 3.005, Election Code:
134	134	(1) on the question of the creation of the district;
135	135	(2) on the question of whether to authorize the
136	136	district to exercise municipal zoning powers under Chapter 211; and
137	137	(3) to elect successor directors.
138	138	Sec. 375.459. ELECTION BALLOT. In addition to allowing for
139	139	the election of directors by name, the ballot shall be printed to
140	140	provide for voting for or against the following propositions:
141	141	(1) "Creating the ____ Residential Management
142	142	District"; and
143	143	(2) "Authorizing the ____ Residential Management
144	144	District to exercise municipal zoning powers."
145	145	Sec. 375.460. POWERS AND DUTIES. A district has the powers
146	146	and duties that:
147	147	(1) this chapter provides to a management district
148	148	created under this chapter; and
149	149	(2) Chapter 211 provides to a municipality, if a
150	150	majority of district voters voting in an election held under
151	151	Section 375.458 approve of the district exercising municipal zoning
152	152	powers.
153	153	Sec. 375.461. NO EMINENT DOMAIN POWER. A district may not
154	154	exercise the power of eminent domain.
155	155	Sec. 375.462. DISSOLUTION. (a) The governing body of the
156	156	municipality that creates a district shall call an election on the
157	157	question of dissolving the district if the governing body receives
158	158	a petition to dissolve the district that contains the signatures of
159	159	more than 60 percent of the residents of the district.
160	160	(b) If 75 percent of the district voters voting at the
161	161	election vote in the election to dissolve the district, the
162	162	district is dissolved.
163	163	SECTION 2. This Act takes effect immediately if it receives
164	164	a vote of two-thirds of all the members elected to each house, as
165	165	provided by Section 39, Article III, Texas Constitution. If this
166	166	Act does not receive the vote necessary for immediate effect, this
167	167	Act takes effect September 1, 2009.