Texas 2017 - 85th Regular

Texas Senate Bill SB737 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R25009 TJB-F
2	2	By: Hancock, et al. S.B. No. 737
3	3	(Parker)
4	4	Substitute the following for S.B. No. 737: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to requirements for new or increased municipal fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 102, Local Government Code, is amended
12	12	by adding Section 102.0001 to read as follows:
13	13	Sec. 102.0001. DEFINITION. In this chapter, "fee" has the
14	14	meaning assigned by Section 109.001.
15	15	SECTION 2. Section 102.005, Local Government Code, is
16	16	amended by adding Subsection (b-1) to read as follows:
17	17	(b-1) A proposed budget that includes estimated revenue
18	18	from a new fee or the increase of an existing fee must contain a
19	19	cover page with the following statement in 18-point or larger type:
20	20	"This budget includes estimated revenue from the following new or
21	21	increased fees: (include a description of each new or increased
22	22	fee, the dollar amount of each new fee, and the dollar amount of and
23	23	percentage of increase of each increased fee)."
24	24	SECTION 3. Section 102.006(c), Local Government Code, is
25	25	amended to read as follows:
26	26	(c) The governing body shall provide for public notice of
27	27	the date, time, and location of the hearing. The notice must
28	28	include, in type of a size at least equal to the type used for other
29	29	items in the notice, any statement required to be included in the
30	30	proposed budget under Section 102.005(b) or (b-1).
31	31	SECTION 4. Section 102.0065(d), Local Government Code, is
32	32	amended to read as follows:
33	33	(d) Notice under this section must include, in type of a
34	34	size at least equal to the type used for other items in the notice,
35	35	any statement required to be included in the proposed budget under
36	36	Section 102.005(b) or (b-1).
37	37	SECTION 5. Section 102.007, Local Government Code, is
38	38	amended by adding Subsection (c-1) and amending Subsection (d) to
39	39	read as follows:
40	40	(c-1) Adoption of a budget that includes estimated revenue
41	41	from a new fee or the increase of an existing fee requires a
42	42	separate vote of the governing body to ratify the use of that
43	43	revenue. A vote under this subsection is in addition to and
44	44	separate from the vote to adopt the budget or a vote to adopt or
45	45	increase the fee.
46	46	(d) An adopted budget must contain a cover page that
47	47	includes:
48	48	(1) one of the following statements in 18-point or
49	49	larger type that accurately describes the adopted budget:
50	50	(A) "This budget will raise more revenue from
51	51	property taxes than last year's budget by an amount of (insert total
52	52	dollar amount of increase), which is a (insert percentage increase)
53	53	percent increase from last year's budget. The property tax revenue
54	54	to be raised from new property added to the tax roll this year is
55	55	(insert amount computed by multiplying the proposed tax rate by the
56	56	value of new property added to the roll).";
57	57	(B) "This budget will raise less revenue from
58	58	property taxes than last year's budget by an amount of (insert total
59	59	dollar amount of decrease), which is a (insert percentage decrease)
60	60	percent decrease from last year's budget. The property tax revenue
61	61	to be raised from new property added to the tax roll this year is
62	62	(insert amount computed by multiplying the proposed tax rate by the
63	63	value of new property added to the roll)."; or
64	64	(C) "This budget will raise the same amount of
65	65	revenue from property taxes as last year's budget. The property
66	66	tax revenue to be raised from new property added to the tax roll
67	67	this year is (insert amount computed by multiplying the proposed
68	68	tax rate by the value of new property added to the roll).";
69	69	(2) if applicable, the following statement in 18-point
70	70	or larger type: "This budget includes estimated revenue from the
71	71	following new or increased fees: (include a description of each new
72	72	or increased fee, the dollar amount of each new fee, and the dollar
73	73	amount of and percentage of increase of each increased fee).";
74	74	(3) the record vote of each member of the governing
75	75	body by name voting on the adoption of the budget;
76	76	(4) [(3)] the municipal property tax rates for the
77	77	preceding fiscal year, and each municipal property tax rate that
78	78	has been adopted or calculated for the current fiscal year,
79	79	including:
80	80	(A) the property tax rate;
81	81	(B) the effective tax rate;
82	82	(C) the effective maintenance and operations tax
83	83	rate;
84	84	(D) the rollback tax rate; and
85	85	(E) the debt rate; and
86	86	(5) [(4)] the total amount of municipal debt
87	87	obligations.
88	88	SECTION 6. Section 102.008, Local Government Code, is
89	89	amended to read as follows:
90	90	Sec. 102.008. APPROVED BUDGET FILED WITH MUNICIPAL
91	91	CLERK: POSTING ON INTERNET. (a) On final approval of the budget
92	92	by the governing body of the municipality, the governing body
93	93	shall:
94	94	(1) file the budget with the municipal clerk; and
95	95	(2) if the municipality maintains an Internet website,
96	96	take action to ensure that:
97	97	(A) a copy of the budget, including the cover
98	98	page, is posted on the website; and
99	99	(B) the record vote described by Section
100	100	102.007(d)(3) [102.007(d)(2)] is posted on the website at least
101	101	until the first anniversary of the date the budget is adopted.
102	102	(b) The governing body shall take action to ensure that the
103	103	cover page of the budget is amended to include the property tax
104	104	rates required by Section 102.007(d)(4) [102.007(d)(3)] for the
105	105	current fiscal year if the rates are not included on the cover page
106	106	when the budget is filed with the municipal clerk. The governing
107	107	body shall file an amended cover page with the municipal clerk and
108	108	take action to ensure that the amended cover page is posted on the
109	109	municipality's website.
110	110	SECTION 7. Subtitle A, Title 4, Local Government Code, is
111	111	amended by adding Chapter 109 to read as follows:
112	112	CHAPTER 109. NOTIFICATION OF NEW OR INCREASED MUNICIPAL FEES
113	113	Sec. 109.001. DEFINITION. In this chapter, "fee" means any
114	114	fee, charge, assessment, or similar payment required by a
115	115	municipality for a privilege, service, authorization, permit,
116	116	license, registration, certification, filing, or other municipal
117	117	action or approval.
118	118	Sec. 109.002. E-MAIL NOTIFICATION SERVICE IN CERTAIN
119	119	MUNICIPALITIES. (a) This section does not apply to a municipality
120	120	located primarily in a county with a population of less than 30,000.
121	121	(b) Except as provided by Subsection (c), each municipality
122	122	shall establish and maintain an e-mail notification service to
123	123	which any person may electronically subscribe to receive
124	124	information regarding new or increased municipal fees.
125	125	(c) A municipality that does not maintain an e-mail
126	126	notification service for any purpose on January 1, 2017, may post
127	127	the notifications described by Subsection (d)(1) on the Internet
128	128	website of the municipality that are accessible from a prominently
129	129	displayed link on the home page of that website instead of
130	130	establishing an e-mail notification service as prescribed by this
131	131	section.
132	132	(d) The e-mail notification service must:
133	133	(1) allow a subscriber to request notification of
134	134	each:
135	135	(A) new fee proposed to be adopted by the
136	136	municipality;
137	137	(B) existing fee proposed to be increased by the
138	138	municipality;
139	139	(C) proposed budget of the municipality that
140	140	includes use of revenue from a fee described by Paragraph (A) or
141	141	(B);
142	142	(D) adopted budget of the municipality that
143	143	includes use of revenue from a fee described by Paragraph (A) or
144	144	(B); or
145	145	(E) public hearing scheduled to be held at which
146	146	a fee or budget described by Paragraphs (A)-(D) is scheduled to be
147	147	discussed;
148	148	(2) include a link in the notification to any web page
149	149	maintained by the municipality on which the fee or budget may be
150	150	viewed; and
151	151	(3) notify the subscriber by e-mail not later than the
152	152	day:
153	153	(A) the municipality provides public notice of a
154	154	public hearing at which a proposed new or increased fee or a
155	155	proposed budget is scheduled to be discussed, for notification of a
156	156	public hearing for a proposed fee or budget;
157	157	(B) the budget officer files a proposed budget
158	158	with the municipal clerk as required by Section 102.005, for
159	159	notification of a proposed budget; or
160	160	(C) the governing body files an adopted budget
161	161	with the municipal clerk as required by Section 102.008, for
162	162	notification of an adopted budget.
163	163	SECTION 8. The changes in law made by Sections 102.005,
164	164	102.006, 102.0065, 102.007, and 102.008, Local Government Code, as
165	165	amended by this Act, apply only to a proposed or adopted budget for
166	166	a fiscal year beginning on or after January 1, 2018.
167	167	SECTION 9. This Act takes effect September 1, 2017.