Texas 2017 - 85th Regular

Texas House Bill HB4310 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4310
	1	+	By: Isaac (Senate Sponsor - Zaffirini) H.B. No. 4310
	2	+	(In the Senate - Received from the House May 19, 2017;
	3	+	May 19, 2017, read first time and referred to Committee on
	4	+	Administration; May 22, 2017, reported favorably by the following
	5	+	vote: Yeas 6, Nays 0, 1 present not voting; May 22, 2017, sent to
	6	+	printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the temporary board of and financing of certain
6	13		facilities and improvements by the LaSalle Municipal Utility
7	14		District No. 1; providing authority to impose an assessment.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Sections 8472.052(a) and (b), Special District
10	17		Local Laws Code, are amended to read as follows:
11	18		(a) The temporary board consists of:
12	19		(1) Chuck Kaufman;
13	20		(2) Eric Willis;
14	21		(3) Chris Gee;
15	22		(4) Kristi LaRue; and
16	23		(5) Doug Goss [On or after the effective date of the
17	24		Act enacting this chapter, the owner or owners of a majority of the
18	25		assessed value of the real property in the district may submit a
19	26		petition to the commission requesting that the commission appoint
20	27		as temporary directors the five persons named in the petition. The
21	28		commission shall appoint as temporary directors the five persons
22	29		named in the petition].
23	30		(b) Temporary directors serve until the earlier of:
24	31		(1) the date permanent directors are elected under
25	32		Section 8472.003; or
26	33		(2) the fourth anniversary of the effective date of
27	34		their designation [the Act enacting this chapter].
28	35		SECTION 2. Chapter 8472, Special District Local Laws Code,
29	36		is amended by adding Subchapter F to read as follows:
30	37		SUBCHAPTER F. ASSESSMENTS; APPLICABILITY OF ASSESSMENTS
31	38		Sec. 8472.251. PETITION REQUIRED FOR FINANCING
32	39		IMPROVEMENTS AND RECREATIONAL FACILITIES WITH ASSESSMENTS. (a)
33	40		Except as provided by this subchapter, the board may finance the
34	41		construction or maintenance of a recreational facility or
35	42		improvement with assessments on property under this subchapter only
36	43		if:
37	44		(1) a written petition requesting that facility or
38	45		improvement has been filed with the board; and
39	46		(2) the board holds a hearing on the proposed
40	47		assessments.
41	48		(b) The petition must be signed by the owners of a majority
42	49		of the assessed value of real property in the district subject to
43	50		assessment according to the most recent certified tax appraisal
44	51		roll for the county.
45	52		Sec. 8472.252. MISCELLANEOUS DESIGN, CONSTRUCTION, AND
46	53		MAINTENANCE. An improvement or recreational facility project may
47	54		include the planning, design, construction, improvement, and
48	55		maintenance of:
49	56		(1) landscaping;
50	57		(2) marinas and bridges;
51	58		(3) lighting, banners, and signs;
52	59		(4) hiking and cycling paths or trails;
53	60		(5) sidewalks, pedestrian walkways, skywalks,
54	61		crosswalks, or tunnels;
55	62		(6) ponds, lakes, recreational facilities, or scenic
56	63		areas;
57	64		(7) plazas or pedestrian malls;
58	65		(8) drainage or navigation improvements; or
59	66		(9) solid waste, water, sewer, or power facilities,
60	67		including electrical and gas power facilities.
61	68		Sec. 8472.253. METHOD OF NOTICE FOR HEARING. The district
62	69		shall mail notice of the hearing to each property owner in the
63	70		district who will be subject to the assessment at the current
64	71		address to be assessed as reflected on the tax rolls. The district
65	72		may mail the notice by certified or first class United States mail.
66	73		The board shall determine the method of notice.
67	74		Sec. 8472.254. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) An
68	75		assessment or a reassessment imposed under this subchapter by the
69	76		district, penalties and interest on an assessment or reassessment,
70	77		an expense of collection, and reasonable attorney's fees incurred
71	78		by the district:
72	79		(1) are a first and prior lien against the property
73	80		assessed;
74	81		(2) are superior to any other lien or claim other than
75	82		a lien or claim for county, school district, or municipal ad valorem
76	83		taxes; and
77	84		(3) are the personal liability of and a charge against
78	85		the owners of the property even if the owners are not named in the
79	86		assessment proceedings.
80	87		(b) The lien is effective from the date of the board's
81	88		resolution imposing the assessment until the date the assessment is
82	89		paid. The board may enforce the lien in the same manner that the
83	90		board may enforce an ad valorem tax lien against real property.
84	91		(c) The board may make a correction to or deletion from the
85	92		assessment roll that does not increase the amount of assessment of
86	93		any parcel of land without providing notice and holding a hearing in
87	94		the manner required for additional assessments.
88	95		Sec. 8472.255. UTILITY PROPERTY EXEMPT FROM ASSESSMENTS.
89	96		The district may not impose an assessment on the property,
90	97		including the equipment, rights-of-way, facilities, or
91	98		improvements, of:
92	99		(1) an electric utility or a power generation company
93	100		as defined by Section 31.002, Utilities Code;
94	101		(2) a gas utility as defined by Section 101.003 or
95	102		121.001, Utilities Code;
96	103		(3) a telecommunications provider as defined by
97	104		Section 51.002, Utilities Code; or
98	105		(4) a person who provides to the public cable
99	106		television or advanced telecommunications services.
100	107		SECTION 3. (a) All governmental and proprietary actions of
101	108		the LaSalle Municipal Utility District No. 1 taken before the
102	109		effective date of this Act, including the creation of the district,
103	110		the consent to create the district granted by the City of San
104	111		Marcos, the consent agreement relating to the district and any
105	112		amendments to that agreement, and any extension of time in which to
106	113		hold a confirmation election for the district, are validated,
107	114		ratified, and confirmed in all respects.
108	115		(b) This section does not apply to any matter that on the
109	116		effective date of this Act:
110	117		(1) is involved in litigation if the litigation
111	118		ultimately results in the matter being held invalid by a final court
112	119		judgment; or
113	120		(2) has been held invalid by a final court judgment.
114	121		SECTION 4. (a) The legal notice of the intention to
115	122		introduce this Act, setting forth the general substance of this
116	123		Act, has been published as provided by law, and the notice and a
117	124		copy of this Act have been furnished to all persons, agencies,
118	125		officials, or entities to which they are required to be furnished
119	126		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
120	127		Government Code.
121	128		(b) The governor, one of the required recipients, has
122	129		submitted the notice and Act to the Texas Commission on
123	130		Environmental Quality.
124	131		(c) The Texas Commission on Environmental Quality has filed
125	132		its recommendations relating to this Act with the governor, the
126	133		lieutenant governor, and the speaker of the house of
127	134		representatives within the required time.
128	135		(d) All requirements of the constitution and laws of this
129	136		state and the rules and procedures of the legislature with respect
130	137		to the notice, introduction, and passage of this Act are fulfilled
131	138		and accomplished.
132	139		SECTION 5. For purposes of Section 8472.052(b)(2), Special
133	140		District Local Laws Code, as amended by this Act, the effective date
134	141		of the temporary directors' designation is the effective date of
135	142		this Act.
136	143		SECTION 6. This Act takes effect immediately if it receives
137	144		a vote of two-thirds of all the members elected to each house, as
138	145		provided by Section 39, Article III, Texas Constitution. If this
139	146		Act does not receive the vote necessary for immediate effect, this
140	147		Act takes effect September 1, 2017.
141		-	______________________________ ______________________________
142		-	President of the Senate Speaker of the House
143		-	I certify that H.B. No. 4310 was passed by the House on May
144		-	19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
145		-	voting.
146		-	______________________________
147		-	Chief Clerk of the House
148		-	I certify that H.B. No. 4310 was passed by the Senate on May
149		-	24, 2017, by the following vote: Yeas 30, Nays 1.
150		-	______________________________
151		-	Secretary of the Senate
152		-	APPROVED: _____________________
153		-	Date
154		-	_____________________
155		-	Governor
	148	+	* * * * *