83R11940 JJT-D
By: Vo H.B. No. 3652
A BILL TO BE ENTITLED
AN ACT
relating to an exemption from certain drainage or stormwater
control assessments, charges, or fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 551, Local Government Code, is amended
by adding Section 551.008 to read as follows:
Sec. 551.008. DRAINAGE FEE EXEMPTION: RETENTION SYSTEM. A
municipality shall exempt property from an assessment, charge, or
fee the municipality imposes on property for drainage or stormwater
control, including a charge under Section 552.047, if the property
has a retention pond or other retention device that benefits the
municipality by preventing the necessity for municipal
expenditures for drainage or stormwater control in the property's
location. The amount of the exemption must be at least equal to the
amount by which the municipality is benefited.
SECTION 2. Chapter 561, Local Government Code, is amended
by adding Section 561.011 to read as follows:
Sec. 561.011. DRAINAGE FEE EXEMPTION: RETENTION SYSTEM. A
county shall exempt property from an assessment, charge, or fee the
county imposes on property for drainage or stormwater control if
the property has a retention pond or other retention device that
benefits the county by preventing the necessity for county
expenditures for drainage or stormwater control in the property's
location. The amount of the exemption must be at least equal to the
amount by which the county is benefited.
SECTION 3. Subchapter H, Chapter 49, Water Code, is amended
by adding Section 49.2126 to read as follows:
Sec. 49.2126. DRAINAGE FEE EXEMPTION: RETENTION SYSTEM. A
district shall exempt property from an assessment, charge, or fee
the district imposes on property for drainage or stormwater control
if the property has a retention pond or other retention device that
benefits the district by preventing the necessity for district
expenditures for drainage or stormwater control in the property's
location. The amount of the exemption must be at least equal to the
amount by which the district is benefited.
SECTION 4. The change in law made by this Act applies only
to an assessment, fee, or charge that becomes due on or after the
effective date of this Act. An assessment, fee, or charge that
becomes due before the effective date of this Act is governed by the
law in effect immediately before the effective date of this Act, and
the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2013.