Texas 2015 - 84th Regular

Texas House Bill HB3097 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R19952 KJE-F
2	2	By: Paul, Thompson of Brazoria, H.B. No. 3097
3	3	Bonnen of Brazoria, Faircloth,
4	4	Miller of Comal
5	5	Substitute the following for H.B.
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the governance and operation of municipal management
11	11	districts.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 375.022(b), Local Government Code, is
14	14	amended to read as follows:
15	15	(b) The petition must be signed by[:
16	16	[(1)] the owners of a majority of the assessed value of
17	17	the real property in the proposed district that would be subject to
18	18	assessment by the district, according to the most recent certified
19	19	county property tax rolls[; or
20	20	[(2) 50 persons who own real property in the proposed
21	21	district if, according to the most recent certified county property
22	22	tax rolls, more than 50 persons own real property in the proposed
23	23	district].
24	24	SECTION 2. Section 375.063, Local Government Code, is
25	25	amended to read as follows:
26	26	Sec. 375.063. QUALIFICATIONS OF DIRECTOR. To be qualified
27	27	to serve as a director, a person must be at least 18 years old and:
28	28	(1) [a resident of the district;
29	29	[(2)] an owner of property in the district;
30	30	(2) [(3)] an owner of stock, whether beneficial or
31	31	otherwise, of a corporate owner of property in the district;
32	32	(3) [(4)] an owner of a beneficial interest in a trust
33	33	that owns property in the district; or
34	34	(4) [(5)] an agent, employee, or tenant of a person
35	35	covered by Subdivision (1), (2), or (3)[, or (4)].
36	36	SECTION 3. Sections 375.064(a), (b), and (c), Local
37	37	Government Code, are amended to read as follows:
38	38	(a) The initial and each succeeding board of directors
39	39	shall, and the owners of a majority of the assessed value of
40	40	property subject to assessment by the district may, recommend to
41	41	the governing body of the municipality persons to serve on the
42	42	succeeding board.
43	43	(b) After reviewing the recommendations, the governing body
44	44	shall approve or disapprove the directors recommended under
45	45	Subsection (a) [by the board].
46	46	(c) If the governing body is not satisfied with the
47	47	recommendations submitted under Subsection (a) [by the board], the
48	48	board, on the request of the governing body, shall submit to the
49	49	governing body additional recommendations.
50	50	SECTION 4. Section 375.092(f), Local Government Code, is
51	51	amended to read as follows:
52	52	(f) A district may acquire, construct, complete, develop,
53	53	own, operate, and maintain permanent improvements and provide
54	54	services that benefit property in the district, regardless of
55	55	whether the improvements or services are located inside or [and]
56	56	outside its boundaries.
57	57	SECTION 5. Section 375.114, Local Government Code, is
58	58	amended to read as follows:
59	59	Sec. 375.114. PETITION REQUIRED. The board may not finance
60	60	services and improvement projects under this chapter unless a
61	61	written petition has been filed with the board requesting those
62	62	improvements or services signed by:
63	63	(1) the owners of a majority [50 percent or more] of
64	64	the assessed value of the property in the district subject to
65	65	assessment, according to the most recent certified county property
66	66	tax rolls; or
67	67	(2) for a proposed assessment to be apportioned under
68	68	Section 375.119(1), the owners of a majority [50 percent or more]
69	69	of the surface area of the real property subject to assessment by
70	70	the district, [excluding roads, streets, highways, and utility
71	71	rights-of-way, other public areas, and any other property exempt
72	72	from assessment under Section 375.162 or 375.163,] according to the
73	73	most recent certified county property tax rolls.
74	74	SECTION 6. Section 375.243, Local Government Code, is
75	75	amended to read as follows:
76	76	Sec. 375.243. PETITION REQUIRED FOR BOND ELECTION. The
77	77	board may not call a bond election unless a written petition has
78	78	been filed with the board requesting an election signed by the
79	79	owners of a majority[:
80	80	[(1) 50 percent or more] of the assessed value of the
81	81	property subject to assessment or taxation by [in] the district as
82	82	determined from the most recent certified county property tax
83	83	rolls[; or
84	84	[(2) 50 percent or more of the surface area of the
85	85	district, excluding roads, streets, highways, utility
86	86	rights-of-way, other public areas, and other property exempt from
87	87	assessment under Sections 375.161, 375.163, and 375.164 as
88	88	determined from the most recent certified county property tax
89	89	rolls].
90	90	SECTION 7. Section 375.262, Local Government Code, is
91	91	amended to read as follows:
92	92	Sec. 375.262. DISSOLUTION BY PETITION BY OWNERS. Except as
93	93	limited by Section 375.264, the board shall dissolve the district
94	94	on written petition filed with the board by the owners of at least
95	95	two-thirds [:
96	96	[(1) 75 percent or more] of the assessed value of the
97	97	property subject to assessment or taxation by [in] the district
98	98	based on the most recent certified county property tax rolls[; or
99	99	[(2) 75 percent or more of the surface area of the
100	100	district, excluding roads, streets, highways, utility
101	101	rights-of-way, other public areas, and other property exempt from
102	102	assessment under Sections 375.161, 375.163, and 375.164, according
103	103	to the most recent certified county property tax rolls].
104	104	SECTION 8. Section 382.052(b), Local Government Code, is
105	105	amended to read as follows:
106	106	(b) If the population of the district is more than 1,000, to
107	107	be eligible to serve as a director, a person must be at least 18
108	108	years old, reside in the district, and be:
109	109	(1) an owner of property in the district;
110	110	(2) an owner of stock, whether beneficial or
111	111	otherwise, of a corporate owner of property in the district;
112	112	(3) an owner of a beneficial interest in a trust that
113	113	owns property in the district; or
114	114	(4) an agent, employee, or tenant of a person covered
115	115	by Subdivision (1), (2), or (3) [meet the qualifications of Section
116	116	375.063].
117	117	SECTION 9. Section 3855.052(b), Special District Local Laws
118	118	Code, is amended to read as follows:
119	119	(b) Section 375.063(2) [375.063(3)], Local Government Code,
120	120	does not apply to the district.
121	121	SECTION 10. The change in law made by this Act to Section
122	122	375.063, Local Government Code, does not affect the entitlement of
123	123	a member serving on the board of directors of a district to which
124	124	that section applies immediately before the effective date of this
125	125	Act to continue to carry out the board's functions for the remainder
126	126	of the member's term. The change in law applies only to a member
127	127	appointed on or after the effective date of this Act.
128	128	SECTION 11. This Act takes effect September 1, 2015.