H.B. No. 4310
AN ACT
relating to the temporary board of and financing of certain
facilities and improvements by the LaSalle Municipal Utility
District No. 1; providing authority to impose an assessment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 8472.052(a) and (b), Special District
Local Laws Code, are amended to read as follows:
(a) The temporary board consists of:
(1) Chuck Kaufman;
(2) Eric Willis;
(3) Chris Gee;
(4) Kristi LaRue; and
(5) Doug Goss [On or after the effective date of the
Act enacting this chapter, the owner or owners of a majority of the
assessed value of the real property in the district may submit a
petition to the commission requesting that the commission appoint
as temporary directors the five persons named in the petition. The
commission shall appoint as temporary directors the five persons
named in the petition].
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8472.003; or
(2) the fourth anniversary of the effective date of
their designation [the Act enacting this chapter].
SECTION 2. Chapter 8472, Special District Local Laws Code,
is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. ASSESSMENTS; APPLICABILITY OF ASSESSMENTS
Sec. 8472.251. PETITION REQUIRED FOR FINANCING
IMPROVEMENTS AND RECREATIONAL FACILITIES WITH ASSESSMENTS. (a)
Except as provided by this subchapter, the board may finance the
construction or maintenance of a recreational facility or
improvement with assessments on property under this subchapter only
if:
(1) a written petition requesting that facility or
improvement has been filed with the board; and
(2) the board holds a hearing on the proposed
assessments.
(b) The petition must be signed by the owners of a majority
of the assessed value of real property in the district subject to
assessment according to the most recent certified tax appraisal
roll for the county.
Sec. 8472.252. MISCELLANEOUS DESIGN, CONSTRUCTION, AND
MAINTENANCE. An improvement or recreational facility project may
include the planning, design, construction, improvement, and
maintenance of:
(1) landscaping;
(2) marinas and bridges;
(3) lighting, banners, and signs;
(4) hiking and cycling paths or trails;
(5) sidewalks, pedestrian walkways, skywalks,
crosswalks, or tunnels;
(6) ponds, lakes, recreational facilities, or scenic
areas;
(7) plazas or pedestrian malls;
(8) drainage or navigation improvements; or
(9) solid waste, water, sewer, or power facilities,
including electrical and gas power facilities.
Sec. 8472.253. METHOD OF NOTICE FOR HEARING. The district
shall mail notice of the hearing to each property owner in the
district who will be subject to the assessment at the current
address to be assessed as reflected on the tax rolls. The district
may mail the notice by certified or first class United States mail.
The board shall determine the method of notice.
Sec. 8472.254. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) An
assessment or a reassessment imposed under this subchapter by the
district, penalties and interest on an assessment or reassessment,
an expense of collection, and reasonable attorney's fees incurred
by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(b) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(c) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 8472.255. UTILITY PROPERTY EXEMPT FROM ASSESSMENTS.
The district may not impose an assessment on the property,
including the equipment, rights-of-way, facilities, or
improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services.
SECTION 3. (a) All governmental and proprietary actions of
the LaSalle Municipal Utility District No. 1 taken before the
effective date of this Act, including the creation of the district,
the consent to create the district granted by the City of San
Marcos, the consent agreement relating to the district and any
amendments to that agreement, and any extension of time in which to
hold a confirmation election for the district, are validated,
ratified, and confirmed in all respects.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 4. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 5. For purposes of Section 8472.052(b)(2), Special
District Local Laws Code, as amended by this Act, the effective date
of the temporary directors' designation is the effective date of
this Act.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4310 was passed by the House on May
19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4310 was passed by the Senate on May
24, 2017, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor