Texas 2015 - 84th Regular

Texas House Bill HB539 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R4184 TJB-D
2	2	By: King of Parker H.B. No. 539
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the procedural requirements for the adoption of a
8	8	municipal regulation, limitation, or prohibition on the
9	9	production, storage, or transportation of oil or natural gas;
10	10	authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle A, Title 7, Local Government Code, is
13	13	amended by adding Chapter 218 to read as follows:
14	14	CHAPTER 218. MUNICIPAL REGULATION OF PRODUCTION, STORAGE, OR
15	15	TRANSPORTATION OF OIL OR NATURAL GAS
16	16	Sec. 218.001. DEFINITIONS. In this chapter:
17	17	(1) "Affected area" means a geographic area impacted
18	18	by an oil or gas measure.
19	19	(2) "Gas" means natural gas.
20	20	(3) "Oil" means crude oil or crude petroleum oil.
21	21	(4) "Oil or gas measure" means a municipal ordinance
22	22	or other municipal measure, including a measure requiring approval
23	23	by voters, to regulate, limit, or prohibit the production, storage,
24	24	or transportation of oil or gas.
25	25	(5) "Political subdivision" means a municipality,
26	26	county, school district, junior college district, other special
27	27	district, or other subdivision of state government.
28	28	Sec. 218.002. ADDITIONAL PROCEDURAL REQUIREMENTS. A
29	29	municipality with authority to adopt an oil or gas measure may not
30	30	adopt an oil or gas measure unless the municipality complies with
31	31	the requirements of this chapter, in addition to other requirements
32	32	prescribed by law.
33	33	Sec. 218.003. PREPARATION OF FISCAL NOTES AND EQUALIZED
34	34	EDUCATION FUNDING IMPACT STATEMENTS. (a) A municipality must
35	35	submit any request for the preparation of a fiscal note and an
36	36	equalized education funding impact statement for an oil or gas
37	37	measure required under this chapter in writing and addressed to the
38	38	director of the Legislative Budget Board.
39	39	(b) The Legislative Budget Board shall prepare a fiscal note
40	40	and an equalized education funding impact statement if requested by
41	41	a municipality.
42	42	(c) A municipality shall pay the cost to prepare a fiscal
43	43	note and an equalized education funding impact statement and any
44	44	administrative fee determined by the director of the Legislative
45	45	Budget Board to be necessary to administer the preparation of
46	46	documents requested under this section.
47	47	(d) In preparing a fiscal note and an equalized education
48	48	funding impact statement, the director of the Legislative Budget
49	49	Board may use information or data supplied by any person, agency,
50	50	organization, or governmental unit that the director considers
51	51	reliable.
52	52	Sec. 218.004. CONTENTS OF FISCAL NOTES. (a) In preparing a
53	53	fiscal note for an oil or gas measure, the Legislative Budget Board
54	54	shall identify:
55	55	(1) the fiscal implications of the measure to the
56	56	state and local governments of the state;
57	57	(2) the probable cost to the state that will result
58	58	from the measure, including:
59	59	(A) the loss of tax revenue from all sources;
60	60	(B) the loss of revenue from fees, licenses,
61	61	penalties, or other charges;
62	62	(C) the loss of royalty income; and
63	63	(D) the diversion of state funds for a purpose
64	64	other than one provided for in the state general appropriations
65	65	bill;
66	66	(3) the probable cost to political subdivisions in the
67	67	affected area that will result from the measure, including:
68	68	(A) the loss of tax revenue from all sources;
69	69	(B) the loss of revenue from fees, licenses,
70	70	penalties, or other charges; and
71	71	(C) the loss of royalty income; and
72	72	(4) the amount of money the municipality adopting the
73	73	measure will be required to annually remit to the state as
74	74	reimbursement for the cost to the state resulting from the measure,
75	75	calculated as the sum of:
76	76	(A) the probable cost identified in Subdivision
77	77	(2); and
78	78	(B) the amount of the applicable difference
79	79	calculated under Section 218.005.
80	80	(b) A fiscal note must state whether costs or diversions
81	81	identified in Subsection (a) will be involved after the projected
82	82	five-year period as determined under Subsection (c).
83	83	(c) In preparing a fiscal note, the Legislative Budget Board
84	84	must project the implications, costs, and amounts identified in
85	85	Subsection (a) for each year of a five-year period. For a fiscal
86	86	note requested before the oil or gas measure is adopted, the
87	87	Legislative Budget Board must use the five-year period beginning on
88	88	January 1 of the year following the year in which the request is
89	89	made. For a fiscal note requested after a measure is adopted, the
90	90	Legislative Budget Board must use the five-year period beginning on
91	91	the date the measure takes effect.
92	92	Sec. 218.005. CONTENTS OF EQUALIZED EDUCATION FUNDING
93	93	IMPACT STATEMENTS. (a) In preparing an equalized education funding
94	94	impact statement for an oil or gas measure, the Legislative Budget
95	95	Board shall determine the applicable difference calculated under
96	96	this section that will result from the measure.
97	97	(b) For a school district in the affected area that is
98	98	required to take action to achieve the equalized wealth level under
99	99	Chapter 41, Education Code, the Legislative Budget Board, based on
100	100	the comptroller's projection under Subsection (f), shall determine
101	101	the difference between the anticipated total cost of attendance
102	102	credits for the district under Section 41.093, Education Code, and
103	103	the total cost of attendance credits under that section that would
104	104	result if the district's maintenance and operations tax revenue
105	105	were not reduced as a result of the oil or gas measure.
106	106	(c) For a school district in the affected area that is not
107	107	required to take action to achieve the equalized wealth level under
108	108	Chapter 41, Education Code, the Legislative Budget Board, based on
109	109	the comptroller's projection under Subsection (f), shall
110	110	determine:
111	111	(1) the difference between the district's anticipated
112	112	local share under Section 42.252, Education Code, and the local
113	113	share that would result if the district's taxable value of property
114	114	were not reduced as a result of the oil or gas measure;
115	115	(2) if applicable, the difference between the amount
116	116	of state revenue to which the district is anticipated to be entitled
117	117	under Section 42.2516, Education Code, and the amount of state
118	118	revenue to which the district would be entitled under that section
119	119	if the district's taxable value of property were not reduced as a
120	120	result of the measure; and
121	121	(3) the difference between the anticipated guaranteed
122	122	yield amount of state funds to be allocated to the district under
123	123	Section 42.302, Education Code, and the amount that would be
124	124	allocated to the district if the district's taxable value of
125	125	property were not reduced as a result of the measure.
126	126	(d) For purposes of making the determinations required by
127	127	Subsections (b) and (c), the Legislative Budget Board shall assume
128	128	for each year of the projected five-year period, as determined
129	129	under Subsection (e), that a district's maintenance and operations
130	130	tax rate and number of students in weighted average daily
131	131	attendance is the same as the district's maintenance and operations
132	132	tax rate and number of students in weighted average daily
133	133	attendance for the school year during which the determinations are
134	134	made.
135	135	(e) In preparing an equalized education funding impact
136	136	statement, the Legislative Budget Board must project the
137	137	differences calculated under this section for each year of a
138	138	five-year period, as determined in the same manner as the five-year
139	139	period is determined for a fiscal note under Section 218.004(c).
140	140	(f) For each school district in the affected area, the
141	141	comptroller shall project for each year of the five-year period, as
142	142	determined under Subsection (e), the anticipated reduction in the
143	143	district's taxable value of property determined under Subchapter M,
144	144	Chapter 403, Government Code, resulting from the oil or gas
145	145	measure.
146	146	Sec. 218.006. NOTICE OF HEARING. For each hearing at which
147	147	an oil or gas measure will be considered, a municipality must
148	148	provide public notice that includes the following documents and
149	149	statements:
150	150	(1) a current copy of:
151	151	(A) the measure;
152	152	(B) a fiscal note prepared by the Legislative
153	153	Budget Board for the measure; and
154	154	(C) an equalized education funding impact
155	155	statement prepared by the Legislative Budget Board for the measure;
156	156	(2) a statement that the municipality will be required
157	157	to reimburse the state for the cost to the state for a five-year
158	158	period resulting from the measure as determined by the fiscal note
159	159	prepared by the Legislative Budget Board;
160	160	(3) a separate statement of the amount specified in
161	161	the current fiscal note that the municipality will be required to
162	162	annually remit to the state as reimbursement for the cost described
163	163	by Subdivision (2); and
164	164	(4) a statement describing in detail the source or
165	165	sources of money that the municipality will use to reimburse the
166	166	state for the cost described by Subdivision (2), including if
167	167	applicable:
168	168	(A) the type and amount of each new tax or fee the
169	169	municipality will enact or adopt and the revenue projected to be
170	170	raised from the new tax or fee;
171	171	(B) the type of each existing tax or fee that the
172	172	municipality will increase the rate or amount of, the amount of the
173	173	increase, and the revenue projected to be raised from the increase;
174	174	and
175	175	(C) the specific expenses for the maintenance and
176	176	operation of the municipality that will be reduced, and the revenue
177	177	projected to be saved from those reductions.
178	178	Sec. 218.007. CONTENTS OF BALLOT PROPOSITION. The
179	179	governing body of a municipality must ensure that an oil or gas
180	180	measure submitted to municipal voters at an election for approval
181	181	includes a copy of the documents and statements described by
182	182	Section 218.006.
183	183	Sec. 218.008. NOTICE OF ADOPTED OIL OR GAS MEASURE. (a)
184	184	Before a municipality may begin to enforce an oil or gas measure,
185	185	the municipality must provide public notice of the adoption of the
186	186	measure. The notice must include the documents and statements
187	187	described by Section 218.006 for the adopted version of the
188	188	measure.
189	189	(b) Notice under this section must be:
190	190	(1) published in a newspaper of general circulation in
191	191	the municipality;
192	192	(2) posted continuously on the municipality's Internet
193	193	website, if the municipality maintains a website, until the first
194	194	anniversary of the date the oil or gas measure takes effect; and
195	195	(3) made available for public inspection.
196	196	(c) The notice required by this section is in addition to a
197	197	notice required by other law.
198	198	Sec. 218.009. REIMBURSEMENT FOR COST TO STATE. (a) If a
199	199	municipality adopts an oil or gas measure, the municipality shall
200	200	reimburse the state for the cost to the state for a five-year period
201	201	resulting from the measure as determined by the fiscal note
202	202	prepared under this chapter.
203	203	(b) The municipality shall notify the comptroller in
204	204	writing that the oil or gas measure has been adopted not later than
205	205	the 10th day after the date the measure is adopted.
206	206	(c) By the dates and in the manner determined by the
207	207	comptroller, the municipality shall remit five annual payments to
208	208	the comptroller in the amount calculated under Section
209	209	218.004(a)(4) as specified in the fiscal note for the oil or gas
210	210	measure.
211	211	(d) The comptroller shall deposit the portion of the amount
212	212	remitted by the municipality described by Section 218.004(a)(4)(A)
213	213	in the general revenue fund and the amount described by Section
214	214	218.004(a)(4)(B) in the foundation school fund.
215	215	SECTION 2. Chapter 218, Local Government Code, as added by
216	216	this Act, applies only to an oil or gas measure, as defined by
217	217	Section 218.001(4), Local Government Code, as added by this Act,
218	218	that is adopted on or after the effective date of this Act.
219	219	SECTION 3. This Act takes effect immediately if it receives
220	220	a vote of two-thirds of all the members elected to each house, as
221	221	provided by Section 39, Article III, Texas Constitution. If this
222	222	Act does not receive the vote necessary for immediate effect, this
223	223	Act takes effect September 1, 2015.