Texas 2011 - 82nd Regular

Texas House Bill HB2262 Compare Versions

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1	1	By: Dutton H.B. No. 2262
2	2	Substitute the following for H.B. No. 2262:
3	3	By: Simpson C.S.H.B. No. 2262
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to municipal fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter Z, Chapter 214, Local Government
11	11	Code, is amended by adding Section 214.907 to read as follows:
12	12	Sec. 214.907. REAUTHORIZATION OF BUILDING PERMIT FEES. (a)
13	13	In this section, "building permit fee" means a fee charged by a
14	14	municipality as a condition to constructing, renovating, or
15	15	remodeling a structure.
16	16	(b) A building permit fee is abolished on the 10th
17	17	anniversary after the date the fee is adopted or most recently
18	18	reauthorized under this section unless the governing body of the
19	19	municipality that adopted or reauthorized the fee:
20	20	(1) holds a public hearing on the reauthorization of
21	21	the fee; and
22	22	(2) reauthorizes the fee by vote of the governing
23	23	body.
24	24	SECTION 2. Subsection (e), Section 552.053, Local
25	25	Government Code, as added by Chapters 278 (S.B. 874) and 539 (S.B.
26	26	1522), Acts of the 81st Legislature, Regular Session, 2009, is
27	27	reenacted and amended to read as follows:
28	28	(e) The following property is exempt from drainage charges
29	29	under Section 552.047 and all ordinances, resolutions, and rules
30	30	adopted under this subchapter:
31	31	(1) property owned by a county in which a municipality
32	32	described by Section 552.044(8)(A) is located;
33	33	(2) property owned by a school district located wholly
34	34	or partly in a municipality described by Section 552.044(8)(A); and
35	35	(3) property located in a municipality with a
36	36	population of 1.9 million or more that is owned by:
37	37	(A) a church, synagogue, or other organization or
38	38	association organized primarily for religious purposes;
39	39	(B) a nonprofit organization that is exempt from
40	40	federal income taxation under Section 501(a), Internal Revenue Code
41	41	of 1986, by being certified as an exempt organization under Section
42	42	501(c)(3) of that code; or
43	43	(C) an entity authorized to impose a tax.
44	44	SECTION 3. Section 552.053, Local Government Code, is
45	45	amended by adding Subsection (f) to read as follows:
46	46	(f) A municipality with a population of 1.9 million or more
47	47	may not increase a drainage charge on nonexempt property to
48	48	compensate for amounts not collected as a result of providing
49	49	exemptions required by this section.
50	50	SECTION 4. Section 580.003, Local Government Code, as
51	51	redesignated by Chapter 885 (H.B. 2278), Acts of the 80th
52	52	Legislature, Regular Session, 2007, and amended by Chapters 1356
53	53	(H.B. 462) and 1430 (S.B. 3), Acts of the 80th Legislature, Regular
54	54	Session, 2007, is reenacted and amended to read as follows:
55	55	Sec. 580.003. EXEMPTIONS OF CERTAIN PROPERTY FROM
56	56	INFRASTRUCTURE FEES. (a) Except as provided by Subsection (b), no
57	57	county, municipality, or utility district may collect from a state
58	58	agency or a public or private institution of higher education any
59	59	fee charged for the development or maintenance of programs or
60	60	facilities for the control of excess water or storm water.
61	61	(b) A municipality with a population of 25,000 or less and
62	62	through which the Bosque River runs may collect from a state agency
63	63	or public institution of higher education a fee charged for the
64	64	development or maintenance of programs or [of] facilities for the
65	65	control of excess water or storm water.
66	66	(c) A municipality with a population of 1.9 million or more
67	67	may not collect any fee charged for the development or maintenance
68	68	of programs or facilities for the control of excess water or storm
69	69	water from:
70	70	(1) a church, synagogue, or other organization or
71	71	association organized primarily for religious purposes;
72	72	(2) a nonprofit organization that is exempt from
73	73	federal income taxation under Section 501(a), Internal Revenue Code
74	74	of 1986, by being certified as an exempt organization under Section
75	75	501(c)(3) of that code; or
76	76	(3) an entity authorized to impose a tax.
77	77	(d) A municipality with a population of 1.9 million or more
78	78	may not increase a fee on nonexempt property to compensate for
79	79	amounts not collected as a result of providing exemptions required
80	80	by this section.
81	81	SECTION 5. To the extent of any conflict, this Act prevails
82	82	over another Act of the 82nd Legislature, Regular Session, 2011,
83	83	relating to nonsubstantive additions to and corrections in enacted
84	84	codes.
85	85	SECTION 6. This Act takes effect immediately if it receives
86	86	a vote of two-thirds of all the members elected to each house, as
87	87	provided by Section 39, Article III, Texas Constitution. If this
88	88	Act does not receive the vote necessary for immediate effect, this
89	89	Act takes effect September 1, 2011.