| 1 | 1 | | 83R7927 TJB-D |
|---|
| 2 | 2 | | By: Dutton H.B. No. 2077 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to municipal fees in certain populous municipalities. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Subtitle A, Title 4, Local Government Code, is |
|---|
| 10 | 10 | | amended by adding Chapter 109 to read as follows: |
|---|
| 11 | 11 | | CHAPTER 109. MUNICIPAL FEES IN POPULOUS MUNICIPALITIES |
|---|
| 12 | 12 | | Sec. 109.001. DEFINITION. In this chapter, "municipal fee" |
|---|
| 13 | 13 | | means any fee, charge, assessment, or similar payment required by a |
|---|
| 14 | 14 | | municipality for a municipal service, authorization, permit, |
|---|
| 15 | 15 | | license, registration, certification, filing, or similar municipal |
|---|
| 16 | 16 | | action or approval. |
|---|
| 17 | 17 | | Sec. 109.002. APPLICABILITY. This chapter applies only to |
|---|
| 18 | 18 | | a municipality with a population of 1.9 million or more. |
|---|
| 19 | 19 | | Sec. 109.003. REAUTHORIZATION OF FEES. A municipal fee is |
|---|
| 20 | 20 | | abolished on the second anniversary of the date the fee is adopted |
|---|
| 21 | 21 | | or most recently reauthorized under this section unless the |
|---|
| 22 | 22 | | governing body of the municipality: |
|---|
| 23 | 23 | | (1) holds a public hearing on the reauthorization of |
|---|
| 24 | 24 | | the fee; and |
|---|
| 25 | 25 | | (2) reauthorizes the fee by a majority vote of the |
|---|
| 26 | 26 | | governing body before that date. |
|---|
| 27 | 27 | | Sec. 109.004. INCREASING FEES. A municipality may not |
|---|
| 28 | 28 | | increase the amount of a municipal fee unless the governing body of |
|---|
| 29 | 29 | | the municipality holds a public hearing on the increase and adopts |
|---|
| 30 | 30 | | the increase by a majority vote of the governing body. |
|---|
| 31 | 31 | | Sec. 109.005. ANNUAL MUNICIPAL FEE REPORT. (a) A |
|---|
| 32 | 32 | | municipality shall annually prepare and publish a municipal fee |
|---|
| 33 | 33 | | report that lists each municipal fee by name and states: |
|---|
| 34 | 34 | | (1) the cost of each fee; |
|---|
| 35 | 35 | | (2) the purpose of each fee; |
|---|
| 36 | 36 | | (3) the revenue collected from each fee during the |
|---|
| 37 | 37 | | preceding fiscal year; |
|---|
| 38 | 38 | | (4) the expiration date of each fee if the fee is not |
|---|
| 39 | 39 | | reauthorized; and |
|---|
| 40 | 40 | | (5) the revenue collected from all fees during the |
|---|
| 41 | 41 | | preceding fiscal year. |
|---|
| 42 | 42 | | (b) The governing body of the municipality shall take action |
|---|
| 43 | 43 | | to ensure that the municipal fee report: |
|---|
| 44 | 44 | | (1) is made available for inspection at the city hall |
|---|
| 45 | 45 | | by any person; |
|---|
| 46 | 46 | | (2) is posted continuously on the municipality's |
|---|
| 47 | 47 | | Internet website; and |
|---|
| 48 | 48 | | (3) is mailed to each member of the legislature whose |
|---|
| 49 | 49 | | legislative district includes any part of the municipality. |
|---|
| 50 | 50 | | SECTION 2. Notwithstanding Section 109.003, Local |
|---|
| 51 | 51 | | Government Code, as added by this Act, a municipal fee that exists |
|---|
| 52 | 52 | | on the effective date of this Act is abolished on September 1, 2015, |
|---|
| 53 | 53 | | unless the fee is reauthorized as provided by that section before |
|---|
| 54 | 54 | | September 1, 2015. |
|---|
| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2013. |
|---|