Texas 2017 - 85th Regular

Texas House Bill HB4051 Compare Versions

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

Old	New	Differences
1	1	85R13592 SLB-F
2	2	By: Murphy H.B. No. 4051
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the notice requirements for bills proposing the
8	8	creation of or annexation of land to certain special purpose
9	9	districts.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 313.006, Government Code,
12	12	is amended to read as follows:
13	13	Sec. 313.006. NOTICE FOR LAWS ESTABLISHING OR ADDING
14	14	TERRITORY TO MUNICIPAL MANAGEMENT DISTRICTS.
15	15	SECTION 2. Sections 313.006(a), (b), and (d), Government
16	16	Code, are amended to read as follows:
17	17	(a) In addition to the other requirements of this chapter, a
18	18	person, other than a member of the legislature, who intends to apply
19	19	for the passage of a law establishing or adding territory to a
20	20	special district that incorporates a power from Chapter 375, Local
21	21	Government Code, must provide notice as provided by this section.
22	22	(b) The person shall notify by mail each person who owns
23	23	real property [in the] proposed to be included in a new district or
24	24	to be added to an existing district, according to the most recent
25	25	certified tax appraisal roll for the county in which the real
26	26	property is owned. The notice, properly addressed with postage
27	27	paid, must be deposited with the United States Postal Service not
28	28	later than the 30th day before the date on which the intended law is
29	29	introduced in the legislature.
30	30	(d) The person is not required to mail notice to a person who
31	31	owns real property in the proposed district or in the area proposed
32	32	to be added to a district if the property cannot be subject to an
33	33	assessment by the district.
34	34	SECTION 3. Section 375.022(b), Local Government Code, is
35	35	amended to read as follows:
36	36	(b) The petition must be signed by[:
37	37	[(1)] the owners of a majority of the assessed value of
38	38	the real property in the proposed district, according to the most
39	39	recent certified county property tax rolls[; or
40	40	[(2) 50 persons who own real property in the proposed
41	41	district if, according to the most recent certified county property
42	42	tax rolls, more than 50 persons own real property in the proposed
43	43	district].
44	44	SECTION 4. Section 49.302(b), Water Code, is amended to
45	45	read as follows:
46	46	(b) A petition requesting the annexation of a defined area
47	47	signed by a majority in value of the owners of land in the defined
48	48	area, as shown by the tax rolls of the central appraisal district of
49	49	the county or counties in which such area is located, [or signed by
50	50	50 landowners if the number of landowners is more than 50,] shall
51	51	describe the land by metes and bounds or by lot and block number if
52	52	there is a recorded plat of the area and shall be filed with the
53	53	secretary of the board.
54	54	SECTION 5. Section 54.014, Water Code, is amended to read as
55	55	follows:
56	56	Sec. 54.014. PETITION. When it is proposed to create a
57	57	district, a petition requesting creation shall be filed with the
58	58	commission. The petition shall be signed by a majority in value of
59	59	the holders of title of the land within the proposed district, as
60	60	indicated by the tax rolls of the central appraisal district. [If
61	61	there are more than 50 persons holding title to the land in the
62	62	proposed district, as indicated by the tax rolls of the central
63	63	appraisal district, the petition is sufficient if it is signed by 50
64	64	holders of title to the land.]
65	65	SECTION 6. Section 54.016(a), Water Code, is amended to
66	66	read as follows:
67	67	(a) No land within the corporate limits of a city or within
68	68	the extraterritorial jurisdiction of a city, shall be included in a
69	69	district unless the city grants its written consent, by resolution
70	70	or ordinance, to the inclusion of the land within the district in
71	71	accordance with Section 42.042, Local Government Code, and this
72	72	section. The request to a city for its written consent to the
73	73	creation of a district, shall be signed by a majority in value of
74	74	the holders of title of the land within the proposed district as
75	75	indicated by the county tax rolls [or, if there are more than 50
76	76	persons holding title to the land in the proposed district as
77	77	indicated by the county tax rolls, the request to the city will be
78	78	sufficient if it is signed by 50 holders of title to the land in the
79	79	district]. A petition for the written consent of a city to the
80	80	inclusion of land within a district shall describe the boundaries
81	81	of the land to be included in the district by metes and bounds or by
82	82	lot and block number, if there is a recorded map or plat and survey
83	83	of the area, and state the general nature of the work proposed to be
84	84	done, the necessity for the work, and the cost of the project as
85	85	then estimated by those filing the petition. If, at the time a
86	86	petition is filed with a city for creation of a district, the
87	87	district proposes to connect to a city's water or sewer system or
88	88	proposes to contract with a regional water and wastewater provider
89	89	which has been designated as such by the commission as of the date
90	90	such petition is filed, to which the city has made a capital
91	91	contribution for the water and wastewater facilities serving the
92	92	area, the proposed district shall be designated as a "city service
93	93	district." If such proposed district does not meet the criteria for
94	94	a city service district at the time the petition seeking creation is
95	95	filed, such district shall be designated as a "noncity service
96	96	district." The city's consent shall not place any restrictions or
97	97	conditions on the creation of a noncity service district as defined
98	98	by Chapter 54 of the Texas Water Code other than those expressly
99	99	provided in Subsection (e) of this section and shall specifically
100	100	not limit the amounts of the district's bonds. A city may not
101	101	require annexation as a consent to creation of any district. A city
102	102	shall not refuse to approve a district bond issue for any reason
103	103	except that the district is not in compliance with valid consent
104	104	requirements applicable to the district. If a city grants its
105	105	written consent without the concurrence of the applicant to the
106	106	creation of a noncity service district containing conditions or
107	107	restrictions that the petitioning land owner or owners reasonably
108	108	believe exceed the city's powers, such land owner or owners may
109	109	petition the commission to create the district and to modify the
110	110	conditions and restrictions of the city's consent. The commission
111	111	may declare any provision of the consent to be null and void.
112	112	SECTION 7. This Act takes effect immediately if it receives
113	113	a vote of two-thirds of all the members elected to each house, as
114	114	provided by Section 39, Article III, Texas Constitution. If this
115	115	Act does not receive the vote necessary for immediate effect, this
116	116	Act takes effect September 1, 2017.