Texas 2017 - 85th Regular

Texas Senate Bill SB2295 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2295
	1	+	By: Zaffirini S.B. No. 2295
	2	+	(Isaac)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the temporary board of and financing of certain
6	8		facilities and improvements by the LaSalle Municipal Utility
7	9		District No. 1; providing authority to impose an assessment.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Sections 8472.052(a) and (b), Special District
10	12		Local Laws Code, are amended to read as follows:
11	13		(a) The temporary board consists of:
12	14		(1) Chuck Kaufman;
13	15		(2) Eric Willis;
14	16		(3) Chris Gee;
15	17		(4) Kristi LaRue; and
16	18		(5) Doug Goss [On or after the effective date of the
17	19		Act enacting this chapter, the owner or owners of a majority of the
18	20		assessed value of the real property in the district may submit a
19	21		petition to the commission requesting that the commission appoint
20	22		as temporary directors the five persons named in the petition. The
21	23		commission shall appoint as temporary directors the five persons
22	24		named in the petition].
23	25		(b) Temporary directors serve until the earlier of:
24	26		(1) the date permanent directors are elected under
25	27		Section 8472.003; or
26	28		(2) the fourth anniversary of the effective date of
27	29		their designation [the Act enacting this chapter].
28	30		SECTION 2. Section 8472.201, Special District Local Laws
29	31		Code, is amended to read as follows:
30	32		Sec. 8472.201. AUTHORITY TO ISSUE BONDS AND OTHER
31	33		OBLIGATIONS. (a) Except as provided by Subsection (b), the [The]
32	34		district may issue bonds or other obligations payable wholly or
33	35		partly from ad valorem taxes, impact fees, revenue, contract
34	36		payments, grants, or other district money, or any combination of
35	37		those sources, to pay for any authorized district purpose.
36	38		(b) The district may not issue bonds payable wholly or
37	39		partly from assessments.
38	40		SECTION 3. Chapter 8472, Special District Local Laws Code,
39	41		is amended by adding Subchapter F to read as follows:
40	42		SUBCHAPTER F. ASSESSMENTS; APPLICABILITY OF ASSESSMENTS
41	43		Sec. 8472.251. PETITION REQUIRED FOR FINANCING
42	44		IMPROVEMENTS AND RECREATIONAL FACILITIES WITH ASSESSMENTS.
43	45		(a) Except as provided by this subchapter, the board may finance
44	46		the construction or maintenance of a recreational facility or
45	47		improvement with assessments on property under this subchapter only
46	48		if:
47	49		(1) a written petition requesting that facility or
48	50		improvement has been filed with the board; and
49	51		(2) the board holds a hearing on the proposed
50	52		assessments.
51	53		(b) The petition must be signed by the owners of a majority
52	54		of the assessed value of real property in the district subject to
53	55		assessment according to the most recent certified tax appraisal
54	56		roll for the county.
55	57		Sec. 8472.252. MISCELLANEOUS DESIGN, CONSTRUCTION, AND
56	58		MAINTENANCE. An improvement or recreational facility project may
57	59		include the planning, design, construction, improvement, and
58	60		maintenance of:
59	61		(1) landscaping;
60	62		(2) marinas and bridges;
61	63		(3) lighting, banners, and signs;
62	64		(4) hiking and cycling paths or trails;
63	65		(5) sidewalks, pedestrian walkways, skywalks,
64	66		crosswalks, or tunnels;
65	67		(6) ponds, lakes, recreational facilities, or scenic
66	68		areas;
67	69		(7) plazas or pedestrian malls;
68	70		(8) drainage or navigation improvements; or
69	71		(9) solid waste, water, sewer, or power facilities,
70	72		including electrical and gas power facilities.
71	73		Sec. 8472.253. METHOD OF NOTICE FOR HEARING. The district
72	74		shall mail notice of the hearing to each property owner in the
73	75		district who will be subject to the assessment at the current
74	76		address to be assessed as reflected on the tax rolls. The district
75	77		may mail the notice by certified or first class United States mail.
76	78		The board shall determine the method of notice.
77	79		Sec. 8472.254. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) An
78	80		assessment or a reassessment imposed under this subchapter by the
79	81		district, penalties and interest on an assessment or reassessment,
80	82		an expense of collection, and reasonable attorney's fees incurred
81	83		by the district:
82	84		(1) are a first and prior lien against the property
83	85		assessed;
84	86		(2) are superior to any other lien or claim other than
85	87		a lien or claim for county, school district, or municipal ad valorem
86	88		taxes; and
87	89		(3) are the personal liability of and a charge against
88	90		the owners of the property even if the owners are not named in the
89	91		assessment proceedings.
90	92		(b) The lien is effective from the date of the board's
91	93		resolution imposing the assessment until the date the assessment is
92	94		paid. The board may enforce the lien in the same manner that the
93	95		board may enforce an ad valorem tax lien against real property.
94	96		(c) The board may make a correction to or deletion from the
95	97		assessment roll that does not increase the amount of assessment of
96	98		any parcel of land without providing notice and holding a hearing in
97	99		the manner required for additional assessments.
98	100		Sec. 8472.255. UTILITY PROPERTY EXEMPT FROM ASSESSMENTS.
99	101		The district may not impose an assessment on the property,
100	102		including the equipment, rights-of-way, facilities, or
101	103		improvements, of:
102	104		(1) an electric utility or a power generation company
103	105		as defined by Section 31.002, Utilities Code;
104	106		(2) a gas utility as defined by Section 101.003 or
105	107		121.001, Utilities Code;
106	108		(3) a telecommunications provider as defined by
107	109		Section 51.002, Utilities Code; or
108	110		(4) a person who provides to the public cable
109	111		television or advanced telecommunications services.
110	112		SECTION 4. (a) All governmental and proprietary actions of
111	113		the LaSalle Municipal Utility District No. 1 taken before the
112	114		effective date of this Act, including the creation of the district,
113	115		the consent to create the district granted by the City of San
114	116		Marcos, the consent agreement relating to the district and any
115	117		amendments to that agreement, and any extension of time in which to
116	118		hold a confirmation election for the district, are validated,
117	119		ratified, and confirmed in all respects.
118	120		(b) This section does not apply to any matter that on the
119	121		effective date of this Act:
120	122		(1) is involved in litigation if the litigation
121	123		ultimately results in the matter being held invalid by a final court
122	124		judgment; or
123	125		(2) has been held invalid by a final court judgment.
124	126		SECTION 5. (a) The legal notice of the intention to
125	127		introduce this Act, setting forth the general substance of this
126	128		Act, has been published as provided by law, and the notice and a
127	129		copy of this Act have been furnished to all persons, agencies,
128	130		officials, or entities to which they are required to be furnished
129	131		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
130	132		Government Code.
131	133		(b) The governor, one of the required recipients, has
132	134		submitted the notice and Act to the Texas Commission on
133	135		Environmental Quality.
134	136		(c) The Texas Commission on Environmental Quality has filed
135	137		its recommendations relating to this Act with the governor, the
136	138		lieutenant governor, and the speaker of the house of
137	139		representatives within the required time.
138	140		(d) All requirements of the constitution and laws of this
139	141		state and the rules and procedures of the legislature with respect
140	142		to the notice, introduction, and passage of this Act are fulfilled
141	143		and accomplished.
142	144		SECTION 6. For purposes of Section 8472.052(b)(2), Special
143	145		District Local Laws Code, as amended by this Act, the effective date
144	146		of the temporary directors' designation is the effective date of
145	147		this Act.
146	148		SECTION 7. This Act takes effect immediately if it receives
147	149		a vote of two-thirds of all the members elected to each house, as
148	150		provided by Section 39, Article III, Texas Constitution. If this
149	151		Act does not receive the vote necessary for immediate effect, this
150	152		Act takes effect September 1, 2017.
151		-	______________________________ ______________________________
152		-	President of the Senate Speaker of the House
153		-	I hereby certify that S.B. No. 2295 passed the Senate on
154		-	May 19, 2017, by the following vote: Yeas 29, Nays 2.
155		-	______________________________
156		-	Secretary of the Senate
157		-	I hereby certify that S.B. No. 2295 passed the House on
158		-	May 24, 2017, by the following vote: Yeas 137, Nays 9, two
159		-	present not voting.
160		-	______________________________
161		-	Chief Clerk of the House
162		-	Approved:
163		-	______________________________
164		-	Date
165		-	______________________________
166		-	Governor