By: Patrick S.B. No. 714
(In the Senate - Filed February 15, 2011; February 23, 2011,
read first time and referred to Committee on Intergovernmental
Relations; April 4, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 3, Nays 1;
April 4, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 714 By: Patrick
A BILL TO BE ENTITLED
AN ACT
relating to the exemption of certain property from municipal
drainage service charges and from related ordinances, resolutions,
and rules.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (e), Section 552.053, Local
Government Code, as added by Chapters 278 (S.B. 874) and 539 (S.B.
1522), Acts of the 81st Legislature, Regular Session, 2009, is
reenacted and amended to read as follows:
(e) The following property is exempt from drainage charges
under Section 552.047 and all ordinances, resolutions, and rules
adopted under this subchapter:
(1) property owned by a county in which a municipality
described by Section 552.044(8)(A) is located;
(2) property owned by a school district located wholly
or partly in a municipality described by Section 552.044(8)(A); and
(3) property located in a municipality with a
population of 1.9 million or more that is owned by:
(A) a church, synagogue, or other organization or
association organized primarily for religious purposes;
(B) a nonprofit organization that is exempt from
federal income taxation under Section 501(a), Internal Revenue Code
of 1986, by being certified as an exempt organization under Section
501(c)(3) of that code; or
(C) an entity authorized to impose a tax.
SECTION 2. Section 552.053, Local Government Code, is
amended by adding Subsection (f) to read as follows:
(f) A municipality with a population of 1.9 million or more
may not increase a drainage charge on nonexempt property to
compensate for amounts not collected as a result of providing
exemptions required by this section.
SECTION 3. Section 580.003, Local Government Code, as
redesignated by Chapter 885 (H.B. 2278), Acts of the 80th
Legislature, Regular Session, 2007, and amended by Chapters 1356
(H.B. 462) and 1430 (S.B. 3), Acts of the 80th Legislature, Regular
Session, 2007, is reenacted and amended to read as follows:
Sec. 580.003. EXEMPTIONS OF CERTAIN PROPERTY FROM
INFRASTRUCTURE FEES. (a) Except as provided by Subsection (b), no
county, municipality, or utility district may collect from a state
agency or a public or private institution of higher education any
fee charged for the development or maintenance of programs or
facilities for the control of excess water or storm water.
(b) A municipality with a population of 25,000 or less and
through which the Bosque River runs may collect from a state agency
or public institution of higher education a fee charged for the
development or maintenance of programs or [of] facilities for the
control of excess water or storm water.
(c) A municipality with a population of 1.9 million or more
may not collect any fee charged for the development or maintenance
of programs or facilities for the control of excess water or storm
water from:
(1) a church, synagogue, or other organization or
association organized primarily for religious purposes;
(2) a nonprofit organization that is exempt from
federal income taxation under Section 501(a), Internal Revenue Code
of 1986, by being certified as an exempt organization under Section
501(c)(3) of that code; or
(3) an entity authorized to impose a tax.
(d) A municipality with a population of 1.9 million or more
may not increase a fee on nonexempt property to compensate for
amounts not collected as a result of providing exemptions required
by this section.
SECTION 4. To the extent of any conflict, this Act prevails
over another Act of the 82nd Legislature, Regular Session, 2011,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 5. 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, 2011.
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