1 | 1 | | 85S10616 JXC-F |
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2 | 2 | | By: Paul H.B. No. 141 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the governance and operation of municipal management |
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8 | 8 | | districts. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 375.022(b), Local Government Code, is |
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11 | 11 | | amended to read as follows: |
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12 | 12 | | (b) The petition must be signed by the owners of a majority |
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13 | 13 | | of the assessed value of the real property in the proposed district |
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14 | 14 | | that would be subject to assessment by the district, according to |
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15 | 15 | | the most recent certified county property tax rolls. |
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16 | 16 | | SECTION 2. Section 375.063, Local Government Code, is |
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17 | 17 | | amended to read as follows: |
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18 | 18 | | Sec. 375.063. QUALIFICATIONS OF DIRECTOR. To be qualified |
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19 | 19 | | to serve as a director, a person must be at least 18 years old and: |
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20 | 20 | | (1) [a resident of the district; |
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21 | 21 | | [(2)] an owner of property in the district; |
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22 | 22 | | (2) [(3)] an owner of stock, whether beneficial or |
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23 | 23 | | otherwise, of a corporate owner of property in the district; |
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24 | 24 | | (3) [(4)] an owner of a beneficial interest in a trust |
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25 | 25 | | that owns property in the district; or |
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26 | 26 | | (4) [(5)] an agent, employee, or tenant of a person |
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27 | 27 | | covered by Subdivision (1), (2), or (3)[, or (4)]. |
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28 | 28 | | SECTION 3. Sections 375.064(a), (b), and (c), Local |
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29 | 29 | | Government Code, are amended to read as follows: |
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30 | 30 | | (a) The initial and each succeeding board of directors |
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31 | 31 | | shall, and the owners of a majority of the assessed value of |
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32 | 32 | | property subject to assessment by the district may, recommend to |
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33 | 33 | | the governing body of the municipality persons to serve on the |
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34 | 34 | | succeeding board. |
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35 | 35 | | (b) After reviewing the recommendations, the governing body |
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36 | 36 | | shall approve or disapprove the directors recommended under |
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37 | 37 | | Subsection (a) [by the board]. |
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38 | 38 | | (c) If the governing body is not satisfied with the |
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39 | 39 | | recommendations submitted under Subsection (a) [by the board], the |
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40 | 40 | | board, on the request of the governing body, shall submit to the |
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41 | 41 | | governing body additional recommendations. |
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42 | 42 | | SECTION 4. Section 375.092(f), Local Government Code, is |
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43 | 43 | | amended to read as follows: |
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44 | 44 | | (f) A district may acquire, construct, complete, develop, |
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45 | 45 | | own, operate, and maintain permanent improvements and provide |
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46 | 46 | | services that benefit property in the district, regardless of |
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47 | 47 | | whether the improvements or services are located inside or [and] |
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48 | 48 | | outside its boundaries. |
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49 | 49 | | SECTION 5. Section 375.114, Local Government Code, is |
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50 | 50 | | amended to read as follows: |
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51 | 51 | | Sec. 375.114. PETITION REQUIRED. The board may not finance |
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52 | 52 | | services and improvement projects under this chapter unless a |
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53 | 53 | | written petition has been filed with the board requesting those |
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54 | 54 | | improvements or services signed by: |
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55 | 55 | | (1) the owners of a majority [50 percent or more] of |
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56 | 56 | | the assessed value of the property in the district subject to |
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57 | 57 | | assessment, according to the most recent certified county property |
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58 | 58 | | tax rolls; or |
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59 | 59 | | (2) for a proposed assessment to be apportioned under |
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60 | 60 | | Section 375.119(1), the owners of a majority [50 percent or more] |
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61 | 61 | | of the surface area of the real property subject to assessment by |
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62 | 62 | | the district, [excluding roads, streets, highways, and utility |
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63 | 63 | | rights-of-way, other public areas, and any other property exempt |
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64 | 64 | | from assessment under Section 375.162 or 375.163,] according to the |
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65 | 65 | | most recent certified county property tax rolls. |
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66 | 66 | | SECTION 6. Section 375.243, Local Government Code, is |
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67 | 67 | | amended to read as follows: |
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68 | 68 | | Sec. 375.243. PETITION REQUIRED FOR BOND ELECTION. The |
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69 | 69 | | board may not call a bond election unless a written petition has |
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70 | 70 | | been filed with the board requesting an election signed by the |
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71 | 71 | | owners of a majority[: |
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72 | 72 | | [(1) 50 percent or more] of the assessed value of the |
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73 | 73 | | property subject to assessment or taxation by [in] the district as |
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74 | 74 | | determined from the most recent certified county property tax |
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75 | 75 | | rolls[; or |
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76 | 76 | | [(2) 50 percent or more of the surface area of the |
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77 | 77 | | district, excluding roads, streets, highways, utility |
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78 | 78 | | rights-of-way, other public areas, and other property exempt from |
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79 | 79 | | assessment under Sections 375.161, 375.163, and 375.164 as |
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80 | 80 | | determined from the most recent certified county property tax |
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81 | 81 | | rolls]. |
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82 | 82 | | SECTION 7. Section 375.262, Local Government Code, is |
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83 | 83 | | amended to read as follows: |
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84 | 84 | | Sec. 375.262. DISSOLUTION BY PETITION BY OWNERS. Except as |
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85 | 85 | | limited by Section 375.264, the board shall dissolve the district |
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86 | 86 | | on written petition filed with the board by the owners of at least |
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87 | 87 | | two-thirds [: |
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88 | 88 | | [(1) 75 percent or more] of the assessed value of the |
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89 | 89 | | property subject to assessment or taxation by [in] the district |
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90 | 90 | | based on the most recent certified county property tax rolls[; or |
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91 | 91 | | [(2) 75 percent or more of the surface area of the |
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92 | 92 | | district, excluding roads, streets, highways, utility |
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93 | 93 | | rights-of-way, other public areas, and other property exempt from |
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94 | 94 | | assessment under Sections 375.161, 375.163, and 375.164, according |
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95 | 95 | | to the most recent certified county property tax rolls]. |
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96 | 96 | | SECTION 8. Section 382.052(b), Local Government Code, is |
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97 | 97 | | amended to read as follows: |
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98 | 98 | | (b) If the population of the district is more than 1,000, to |
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99 | 99 | | be eligible to serve as a director, a person must be at least 18 |
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100 | 100 | | years old, reside in the district, and be: |
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101 | 101 | | (1) an owner of property in the district; |
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102 | 102 | | (2) an owner of stock, whether beneficial or |
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103 | 103 | | otherwise, of a corporate owner of property in the district; |
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104 | 104 | | (3) an owner of a beneficial interest in a trust that |
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105 | 105 | | owns property in the district; or |
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106 | 106 | | (4) an agent, employee, or tenant of a person covered |
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107 | 107 | | by Subdivision (1), (2), or (3) [meet the qualifications of Section |
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108 | 108 | | 375.063]. |
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109 | 109 | | SECTION 9. Section 3855.052(b), Special District Local Laws |
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110 | 110 | | Code, is amended to read as follows: |
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111 | 111 | | (b) Section 375.063(2) [375.063(3)], Local Government Code, |
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112 | 112 | | does not apply to the district. |
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113 | 113 | | SECTION 10. The change in law made by this Act to Section |
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114 | 114 | | 375.063, Local Government Code, does not affect the entitlement of |
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115 | 115 | | a member serving on the board of directors of a district to which |
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116 | 116 | | that section applies immediately before the effective date of this |
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117 | 117 | | Act to continue to carry out the board's functions for the remainder |
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118 | 118 | | of the member's term. The change in law applies only to a member |
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119 | 119 | | appointed on or after the effective date of this Act. |
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120 | 120 | | SECTION 11. This Act takes effect December 1, 2017. |
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