84R12015 KJE-F
By: Paul H.B. No. 3097
A BILL TO BE ENTITLED
AN ACT
relating to the governance and operation of municipal management
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 375.022(b), Local Government Code, is
amended to read as follows:
(b) The petition must be signed by[:
[(1)] the owners of a majority of the assessed value of
the real property in the proposed district, according to the most
recent certified county property tax rolls[; or
[(2) 50 persons who own real property in the proposed
district if, according to the most recent certified county property
tax rolls, more than 50 persons own real property in the proposed
district].
SECTION 2. Section 375.063, Local Government Code, is
amended to read as follows:
Sec. 375.063. QUALIFICATIONS OF DIRECTOR. To be qualified
to serve as a director, a person must be at least 18 years old and:
(1) [a resident of the district;
[(2)] an owner of property in the district;
(2) [(3)] an owner of stock, whether beneficial or
otherwise, of a corporate owner of property in the district; or
(3) [(4)] an owner of a beneficial interest in a trust
that owns property in the district[; or
[(5) an agent, employee, or tenant of a person covered
by Subdivision (2), (3), or (4)].
SECTION 3. The heading to Section 375.064, Local Government
Code, is amended to read as follows:
Sec. 375.064. APPOINTMENT OF DIRECTORS [RECOMMENDATIONS
FOR SUCCEEDING BOARD].
SECTION 4. Section 375.064(a), Local Government Code, is
amended to read as follows:
(a) Except as provided by Section 375.026, the governing
body of the municipality shall appoint directors from persons
recommended by the owners of a majority of the assessed value of
property in the district [The initial and each succeeding board of
directors shall recommend to the governing body of the municipality
persons to serve on the succeeding board].
SECTION 5. Section 375.092(f), Local Government Code, is
amended to read as follows:
(f) A district may acquire, construct, complete, develop,
own, operate, and maintain permanent improvements and provide
services only inside [and outside] its boundaries.
SECTION 6. Section 375.111, Local Government Code, is
amended to read as follows:
Sec. 375.111. GENERAL POWERS RELATING TO ASSESSMENTS. In
addition to the powers provided by Subchapter E, the board of a
district may undertake improvement projects and services that
confer a special benefit on all or a definable part of the district.
The board may levy and collect special assessments on property in
that area, based on the benefit conferred by the improvement
project or services, to pay all or part of the cost of the project
and services. The [If the board determines that there is a benefit
to the district, the] district may not provide improvements and
services to an area outside the boundaries of the district.
SECTION 7. Section 375.114, Local Government Code, is
amended to read as follows:
Sec. 375.114. PETITION REQUIRED. The board may not finance
services and improvement projects under this chapter unless a
written petition has been filed with the board requesting those
improvements or services signed by[:
[(1)] the owners of a majority [50 percent or more] of
the assessed value of the property in the district subject to
assessment, according to the most recent certified county property
tax rolls[; or
[(2) the owners of 50 percent or more of the surface
area of the district, excluding roads, streets, highways, and
utility rights-of-way, other public areas, and any other property
exempt from assessment under Section 375.162 or 375.163, according
to the most recent certified county property tax rolls].
SECTION 8. Section 375.208, Local Government Code, is
amended to read as follows:
Sec. 375.208. COMMISSION APPROVAL. A district must obtain
approval of the commission as provided by Chapter 54, Water Code, if
it issues bonds to provide water, sewage, or drainage facilities.
Except as expressly provided by this section and Section [Sections]
375.062 [and 375.064], a district is not subject to the
jurisdiction of the commission.
SECTION 9. Section 375.243, Local Government Code, is
amended to read as follows:
Sec. 375.243. PETITION REQUIRED FOR BOND ELECTION. The
board may not call a bond election unless a written petition has
been filed with the board requesting an election signed by the
owners of a majority[:
[(1) 50 percent or more] of the assessed value of the
property in the district as determined from the most recent
certified county property tax rolls[; or
[(2) 50 percent or more of the surface area of the
district, excluding roads, streets, highways, utility
rights-of-way, other public areas, and other property exempt from
assessment under Sections 375.161, 375.163, and 375.164 as
determined from the most recent certified county property tax
rolls].
SECTION 10. Section 375.262, Local Government Code, is
amended to read as follows:
Sec. 375.262. DISSOLUTION BY PETITION BY OWNERS. Except as
limited by Section 375.264, the board shall dissolve the district
on written petition filed with the board by the owners of a
majority[:
[(1) 75 percent or more] of the assessed value of the
property in the district based on the most recent certified county
property tax rolls[; or
[(2) 75 percent or more of the surface area of the
district, excluding roads, streets, highways, utility
rights-of-way, other public areas, and other property exempt from
assessment under Sections 375.161, 375.163, and 375.164, according
to the most recent certified county property tax rolls].
SECTION 11. Section 382.052(b), Local Government Code, is
amended to read as follows:
(b) If the population of the district is more than 1,000, to
be eligible to serve as a director, a person must be at least 18
years old, reside in the district, and be:
(1) an owner of property in the district;
(2) an owner of stock, whether beneficial or
otherwise, of a corporate owner of property in the district;
(3) an owner of a beneficial interest in a trust that
owns property in the district; or
(4) an agent, employee, or tenant of a person covered
by Subdivision (1), (2), or (3) [meet the qualifications of Section
375.063].
SECTION 12. Section 3855.052(b), Special District Local
Laws Code, is amended to read as follows:
(b) Section 375.063(2) [375.063(3)], Local Government Code,
does not apply to the district.
SECTION 13. Sections 375.064(b), (c), and (e), Local
Government Code, are repealed.
SECTION 14. (a) The change in law made by this Act to
Section 375.063, Local Government Code, does not affect the
entitlement of a member serving on the board of directors of a
district to which that section applies immediately before the
effective date of this Act to continue to carry out the board's
functions for the remainder of the member's term. The change in law
applies only to a member appointed on or after the effective date of
this Act.
(b) The changes in law made by this Act to Sections
375.092(f) and 375.111, Local Government Code, do not affect the
terms of a contract entered into before the effective date of this
Act, except that if the contract is renewed, modified, or extended
on or after the effective date of this Act, those sections apply to
the contract beginning on the date of renewal, modification, or
extension.
SECTION 15. This Act takes effect September 1, 2015.