Texas 2017 - 85th Regular

Texas House Bill HB1064 Compare Versions

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

Old	New	Differences
1	1	85R1809 JXC-F
2	2	By: Paul H.B. No. 1064
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the governance and operation of municipal management
8	8	districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 375.022(b), Local Government Code, is
11	11	amended to read as follows:
12	12	(b) The petition must be signed by[:
13	13	[(1)] the owners of a majority of the assessed value of
14	14	the real property in the proposed district that would be subject to
15	15	assessment by the district, according to the most recent certified
16	16	county property tax rolls[; or
17	17	[(2) 50 persons who own real property in the proposed
18	18	district if, according to the most recent certified county property
19	19	tax rolls, more than 50 persons own real property in the proposed
20	20	district].
21	21	SECTION 2. Section 375.063, Local Government Code, is
22	22	amended to read as follows:
23	23	Sec. 375.063. QUALIFICATIONS OF DIRECTOR. To be qualified
24	24	to serve as a director, a person must be at least 18 years old and:
25	25	(1) [a resident of the district;
26	26	[(2)] an owner of property in the district;
27	27	(2) [(3)] an owner of stock, whether beneficial or
28	28	otherwise, of a corporate owner of property in the district;
29	29	(3) [(4)] an owner of a beneficial interest in a trust
30	30	that owns property in the district; or
31	31	(4) [(5)] an agent, employee, or tenant of a person
32	32	covered by Subdivision (1), (2), or (3)[, or (4)].
33	33	SECTION 3. Sections 375.064(a), (b), and (c), Local
34	34	Government Code, are amended to read as follows:
35	35	(a) The initial and each succeeding board of directors
36	36	shall, and the owners of a majority of the assessed value of
37	37	property subject to assessment by the district may, recommend to
38	38	the governing body of the municipality persons to serve on the
39	39	succeeding board.
40	40	(b) After reviewing the recommendations, the governing body
41	41	shall approve or disapprove the directors recommended under
42	42	Subsection (a) [by the board].
43	43	(c) If the governing body is not satisfied with the
44	44	recommendations submitted under Subsection (a) [by the board], the
45	45	board, on the request of the governing body, shall submit to the
46	46	governing body additional recommendations.
47	47	SECTION 4. Section 375.092(f), Local Government Code, is
48	48	amended to read as follows:
49	49	(f) A district may acquire, construct, complete, develop,
50	50	own, operate, and maintain permanent improvements and provide
51	51	services that benefit property in the district, regardless of
52	52	whether the improvements or services are located inside or [and]
53	53	outside its boundaries.
54	54	SECTION 5. Section 375.114, Local Government Code, is
55	55	amended to read as follows:
56	56	Sec. 375.114. PETITION REQUIRED. The board may not finance
57	57	services and improvement projects under this chapter unless a
58	58	written petition has been filed with the board requesting those
59	59	improvements or services signed by:
60	60	(1) the owners of a majority [50 percent or more] of
61	61	the assessed value of the property in the district subject to
62	62	assessment, according to the most recent certified county property
63	63	tax rolls; or
64	64	(2) for a proposed assessment to be apportioned under
65	65	Section 375.119(1), the owners of a majority [50 percent or more]
66	66	of the surface area of the real property subject to assessment by
67	67	the district, [excluding roads, streets, highways, and utility
68	68	rights-of-way, other public areas, and any other property exempt
69	69	from assessment under Section 375.162 or 375.163,] according to the
70	70	most recent certified county property tax rolls.
71	71	SECTION 6. Section 375.243, Local Government Code, is
72	72	amended to read as follows:
73	73	Sec. 375.243. PETITION REQUIRED FOR BOND ELECTION. The
74	74	board may not call a bond election unless a written petition has
75	75	been filed with the board requesting an election signed by the
76	76	owners of a majority[:
77	77	[(1) 50 percent or more] of the assessed value of the
78	78	property subject to assessment or taxation by [in] the district as
79	79	determined from the most recent certified county property tax
80	80	rolls[; or
81	81	[(2) 50 percent or more of the surface area of the
82	82	district, excluding roads, streets, highways, utility
83	83	rights-of-way, other public areas, and other property exempt from
84	84	assessment under Sections 375.161, 375.163, and 375.164 as
85	85	determined from the most recent certified county property tax
86	86	rolls].
87	87	SECTION 7. Section 375.262, Local Government Code, is
88	88	amended to read as follows:
89	89	Sec. 375.262. DISSOLUTION BY PETITION BY OWNERS. Except as
90	90	limited by Section 375.264, the board shall dissolve the district
91	91	on written petition filed with the board by the owners of at least
92	92	two-thirds [:
93	93	[(1) 75 percent or more] of the assessed value of the
94	94	property subject to assessment or taxation by [in] the district
95	95	based on the most recent certified county property tax rolls[; or
96	96	[(2) 75 percent or more of the surface area of the
97	97	district, excluding roads, streets, highways, utility
98	98	rights-of-way, other public areas, and other property exempt from
99	99	assessment under Sections 375.161, 375.163, and 375.164, according
100	100	to the most recent certified county property tax rolls].
101	101	SECTION 8. Section 382.052(b), Local Government Code, is
102	102	amended to read as follows:
103	103	(b) If the population of the district is more than 1,000, to
104	104	be eligible to serve as a director, a person must be at least 18
105	105	years old, reside in the district, and be:
106	106	(1) an owner of property in the district;
107	107	(2) an owner of stock, whether beneficial or
108	108	otherwise, of a corporate owner of property in the district;
109	109	(3) an owner of a beneficial interest in a trust that
110	110	owns property in the district; or
111	111	(4) an agent, employee, or tenant of a person covered
112	112	by Subdivision (1), (2), or (3) [meet the qualifications of Section
113	113	375.063].
114	114	SECTION 9. Section 3855.052(b), Special District Local Laws
115	115	Code, is amended to read as follows:
116	116	(b) Section 375.063(2) [375.063(3)], Local Government Code,
117	117	does not apply to the district.
118	118	SECTION 10. The change in law made by this Act to Section
119	119	375.063, Local Government Code, does not affect the entitlement of
120	120	a member serving on the board of directors of a district to which
121	121	that section applies immediately before the effective date of this
122	122	Act to continue to carry out the board's functions for the remainder
123	123	of the member's term. The change in law applies only to a member
124	124	appointed on or after the effective date of this Act.
125	125	SECTION 11. This Act takes effect September 1, 2017.