Texas 2013 - 83rd Regular

Texas Senate Bill SB619

Filed
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to exclusion of land from certain water districts that fail to provide service to the land; clarifying and limiting the authority of those districts with outstanding bonds payable from ad valorem taxes to impose taxes on excluded land; providing for a financial review.

Impact

The bill significantly impacts the existing structure of water districts by imposing clearer guidelines and processes regarding land exclusions. Landowners who are currently burdened with taxes from districts failing to provide adequate service now have a clearer path to seek relief. Furthermore, the legislation mandates a financial review by the executive director of the commission to ensure that such exclusions do not negatively affect the interests of district bondholders, indicating a balance between landowner rights and the financial integrity of the districts.

Summary

SB619 seeks to amend the Texas Water Code with specific provisions for land exclusion from certain water districts that fail to provide the required utility services. The bill allows landowners to petition for exclusion if their land has not received retail utility services for more than 20 years and has been subject to taxes for an extensive period. This change aims to protect landowners from being taxed for services they are not receiving and to clarify the process by which such exclusions are managed within the districts, thereby enhancing equity in taxation.

Contention

Notably, the bill has sparked discussions regarding the implications for water districts and their finances, especially in relation to outstanding bonds. Critics could argue that providing a method for exclusion could weaken the financial stability of districts by reducing their taxable base and complicating debt service obligations. Proponents, however, assert that the focus on adequate service provision aligns taxation with actual benefits received, thus advocating for fairness in the system. Overall, the legislation has the potential to redefine relationships between landowners and water districts in a manner that prioritizes the interests of residents.

Companion Bills

TX HB1324

Identical Relating to exclusion of land from certain water districts that fail to provide service to the land; clarifying and limiting the authority of those districts with outstanding bonds payable from ad valorem taxes to impose taxes on excluded land; providing for a financial review.

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