81R22955 GCB-F
By: Coleman H.B. No. 4648
Substitute the following for H.B. No. 4648:
By: Turner of Tarrant C.S.H.B. No. 4648
A BILL TO BE ENTITLED
AN ACT
relating to authorizing municipalities located in certain counties
to create residential management districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 375, Local Government Code, is amended
by adding Subchapter R to read as follows:
SUBCHAPTER R. RESIDENTIAL MANAGEMENT DISTRICTS
Sec. 375.451. APPLICABILITY. This subchapter applies only
to a municipality with a population of more than 1,900,000 that is
located in a county with a population of more than two million.
Sec. 375.452. DEFINITIONS. In this subchapter:
(1) "Associated low-density multifamily residential
housing" means residential housing in a building of three or fewer
stories, including a townhome, patio home, triplex, or quadruplex,
that is located in a residential neighborhood.
(2) "Deed-restricted residential subdivision" means a
subdivision, including all of the subdivision's sections, annexes,
extensions, and associated residentially deed-restricted parcels
or tracts, that is:
(A) governed by deed restrictions; and
(B) consists of lots for:
(i) single-family dwellings; and
(ii) associated low-density multifamily
residential housing.
(3) "District" means a residential management
district created by a municipality under this subchapter.
(4) "Predominately single-family residential
subdivision or generally recognized residential area" means an area
that, regardless of whether the area is governed by deed
restrictions, consists mostly of tracts for single-family
dwellings and associated low-density multifamily residential
housing.
(5) "Residential neighborhood" means a contiguous
area composed of:
(A) a deed-restricted residential subdivision;
(B) a predominately single-family residential
subdivision or generally recognized residential area; or
(C) any combination of two or more
deed-restricted residential subdivisions or predominately
single-family residential subdivisions or generally recognized
residential areas.
(6) "Single-family dwelling" means:
(A) a single building that is:
(i) located on a single lot; and
(ii) designed for and contains not more
than two separate dwelling units with facilities for living,
sleeping, cooking, and eating;
(B) two buildings, one of which is not more than
900 square feet in size, that are located on a single lot and each
contain not more than one dwelling unit; or
(C) a building that contains not more than one
dwelling unit and that stands on one lot and is connected by a party
wall to another building that stands on an adjacent lot and that
contains not more than one dwelling unit.
Sec. 375.453. PETITION. (a) The governing body of a
municipality may create a district only if the governing body
receives a petition requesting creation of the district that
describes a proposed area at least 90 percent of which is a
residential neighborhood.
(b) The petition must be signed by:
(1) the owners of a majority of the assessed value of
the real property in the proposed district, according to the most
recent certified county property tax rolls; or
(2) 50 persons who own real property in the proposed
district if, according to the most recent certified county property
tax rolls, more than 50 persons own real property in the proposed
district.
(c) The petition must:
(1) describe the boundaries of the proposed district
by metes and bounds or, if there is a recorded map or plat and survey
of the area, by lot and block number;
(2) include a name of the district, which must be
generally descriptive of the location of the district, followed by
"Residential Management District";
(3) propose the number of directors the district will
have, which must be at least five and not more than nine;
(4) include a proposed list of initial directors that
includes the directors' experience and initial terms of service;
and
(5) include a statement of the zoning powers granted
to a municipality under Chapter 211 that it is proposed the district
will exercise, subject to an election approving the exercise of
those powers.
Sec. 375.454. NOTICE OF HEARING. The governing body of a
municipality shall set a date, time, and place for a hearing to
consider each petition received. The governing body shall issue a
notice of the date, time, and place of hearing. The notice must
state that each person has a right to appear and present evidence
and testify for or against the allegations in the petition, the form
of the petition, and the necessity and feasibility of the district.
Sec. 375.455. HEARING. (a) At a hearing set under Section
375.454, the governing body of a municipality shall examine the
petition to determine its sufficiency. Any interested person may
appear before the governing body in person or by attorney and offer
testimony on the sufficiency of the petition and whether the
district is feasible and necessary and would be a benefit to all or
any part of the land proposed to be included in the district.
(b) The governing body of the municipality has jurisdiction
to determine each issue relating to the sufficiency of the petition
and to the creation of the district and may issue necessary
incidental resolutions in relation to the issues before the
governing body. The governing body may adjourn the hearing from day
to day.
(c) If after the hearing the governing body of the
municipality finds that the petition conforms to the requirements
of Section 375.453 and that the district is feasible and necessary
and would benefit the public, the governing body by order shall make
that finding and grant the petition. In determining if the project
is feasible and necessary and would benefit the public, the
governing body shall consider:
(1) the availability of comparable services from other
systems, including special districts, municipalities, and regional
authorities; and
(2) the reasonableness of the proposed public purpose
projects and services.
Sec. 375.456. INITIAL DIRECTORS. If the governing body of
the municipality grants the petition and creates the district, the
governing body shall appoint the number of initial directors
requested in the petition.
Sec. 375.457. QUALIFICATIONS OF DIRECTOR. To be qualified
to serve as a director, a person must be at least 18 years of age and
a resident of the district.
Sec. 375.458. CONFIRMATION ELECTION AND ELECTION OF
DIRECTORS AND ZONING POWERS. The initial directors shall hold an
election on the first available uniform election date that occurs
after the time required by Section 3.005, Election Code:
(1) on the question of the creation of the district;
(2) on the question of whether to authorize the
district to exercise municipal zoning powers under Chapter 211; and
(3) to elect successor directors.
Sec. 375.459. ELECTION BALLOT. In addition to allowing for
the election of directors by name, the ballot shall be printed to
provide for voting for or against the following propositions:
(1) "Creating the ____ Residential Management
District"; and
(2) "Authorizing the ____ Residential Management
District to exercise municipal zoning powers."
Sec. 375.460. POWERS AND DUTIES. A district has the powers
and duties that:
(1) this chapter provides to a management district
created under this chapter; and
(2) Chapter 211 provides to a municipality, if a
majority of district voters voting in an election held under
Section 375.458 approve of the district exercising municipal zoning
powers.
Sec. 375.461. NO EMINENT DOMAIN POWER. A district may not
exercise the power of eminent domain.
Sec. 375.462. DISSOLUTION. (a) The governing body of the
municipality that creates a district shall call an election on the
question of dissolving the district if the governing body receives
a petition to dissolve the district that contains the signatures of
more than 60 percent of the residents of the district.
(b) If 75 percent of the district voters voting at the
election vote in the election to dissolve the district, the
district is dissolved.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.