Texas 2017 - 85th 1st C.S.

Texas House Bill HB141 Compare Versions

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11 85S10616 JXC-F
22 By: Paul H.B. No. 141
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the governance and operation of municipal management
88 districts.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 375.022(b), Local Government Code, is
1111 amended to read as follows:
1212 (b) The petition must be signed by the owners of a majority
1313 of the assessed value of the real property in the proposed district
1414 that would be subject to assessment by the district, according to
1515 the most recent certified county property tax rolls.
1616 SECTION 2. Section 375.063, Local Government Code, is
1717 amended to read as follows:
1818 Sec. 375.063. QUALIFICATIONS OF DIRECTOR. To be qualified
1919 to serve as a director, a person must be at least 18 years old and:
2020 (1) [a resident of the district;
2121 [(2)] an owner of property in the district;
2222 (2) [(3)] an owner of stock, whether beneficial or
2323 otherwise, of a corporate owner of property in the district;
2424 (3) [(4)] an owner of a beneficial interest in a trust
2525 that owns property in the district; or
2626 (4) [(5)] an agent, employee, or tenant of a person
2727 covered by Subdivision (1), (2), or (3)[, or (4)].
2828 SECTION 3. Sections 375.064(a), (b), and (c), Local
2929 Government Code, are amended to read as follows:
3030 (a) The initial and each succeeding board of directors
3131 shall, and the owners of a majority of the assessed value of
3232 property subject to assessment by the district may, recommend to
3333 the governing body of the municipality persons to serve on the
3434 succeeding board.
3535 (b) After reviewing the recommendations, the governing body
3636 shall approve or disapprove the directors recommended under
3737 Subsection (a) [by the board].
3838 (c) If the governing body is not satisfied with the
3939 recommendations submitted under Subsection (a) [by the board], the
4040 board, on the request of the governing body, shall submit to the
4141 governing body additional recommendations.
4242 SECTION 4. Section 375.092(f), Local Government Code, is
4343 amended to read as follows:
4444 (f) A district may acquire, construct, complete, develop,
4545 own, operate, and maintain permanent improvements and provide
4646 services that benefit property in the district, regardless of
4747 whether the improvements or services are located inside or [and]
4848 outside its boundaries.
4949 SECTION 5. Section 375.114, Local Government Code, is
5050 amended to read as follows:
5151 Sec. 375.114. PETITION REQUIRED. The board may not finance
5252 services and improvement projects under this chapter unless a
5353 written petition has been filed with the board requesting those
5454 improvements or services signed by:
5555 (1) the owners of a majority [50 percent or more] of
5656 the assessed value of the property in the district subject to
5757 assessment, according to the most recent certified county property
5858 tax rolls; or
5959 (2) for a proposed assessment to be apportioned under
6060 Section 375.119(1), the owners of a majority [50 percent or more]
6161 of the surface area of the real property subject to assessment by
6262 the district, [excluding roads, streets, highways, and utility
6363 rights-of-way, other public areas, and any other property exempt
6464 from assessment under Section 375.162 or 375.163,] according to the
6565 most recent certified county property tax rolls.
6666 SECTION 6. Section 375.243, Local Government Code, is
6767 amended to read as follows:
6868 Sec. 375.243. PETITION REQUIRED FOR BOND ELECTION. The
6969 board may not call a bond election unless a written petition has
7070 been filed with the board requesting an election signed by the
7171 owners of a majority[:
7272 [(1) 50 percent or more] of the assessed value of the
7373 property subject to assessment or taxation by [in] the district as
7474 determined from the most recent certified county property tax
7575 rolls[; or
7676 [(2) 50 percent or more of the surface area of the
7777 district, excluding roads, streets, highways, utility
7878 rights-of-way, other public areas, and other property exempt from
7979 assessment under Sections 375.161, 375.163, and 375.164 as
8080 determined from the most recent certified county property tax
8181 rolls].
8282 SECTION 7. Section 375.262, Local Government Code, is
8383 amended to read as follows:
8484 Sec. 375.262. DISSOLUTION BY PETITION BY OWNERS. Except as
8585 limited by Section 375.264, the board shall dissolve the district
8686 on written petition filed with the board by the owners of at least
8787 two-thirds [:
8888 [(1) 75 percent or more] of the assessed value of the
8989 property subject to assessment or taxation by [in] the district
9090 based on the most recent certified county property tax rolls[; or
9191 [(2) 75 percent or more of the surface area of the
9292 district, excluding roads, streets, highways, utility
9393 rights-of-way, other public areas, and other property exempt from
9494 assessment under Sections 375.161, 375.163, and 375.164, according
9595 to the most recent certified county property tax rolls].
9696 SECTION 8. Section 382.052(b), Local Government Code, is
9797 amended to read as follows:
9898 (b) If the population of the district is more than 1,000, to
9999 be eligible to serve as a director, a person must be at least 18
100100 years old, reside in the district, and be:
101101 (1) an owner of property in the district;
102102 (2) an owner of stock, whether beneficial or
103103 otherwise, of a corporate owner of property in the district;
104104 (3) an owner of a beneficial interest in a trust that
105105 owns property in the district; or
106106 (4) an agent, employee, or tenant of a person covered
107107 by Subdivision (1), (2), or (3) [meet the qualifications of Section
108108 375.063].
109109 SECTION 9. Section 3855.052(b), Special District Local Laws
110110 Code, is amended to read as follows:
111111 (b) Section 375.063(2) [375.063(3)], Local Government Code,
112112 does not apply to the district.
113113 SECTION 10. The change in law made by this Act to Section
114114 375.063, Local Government Code, does not affect the entitlement of
115115 a member serving on the board of directors of a district to which
116116 that section applies immediately before the effective date of this
117117 Act to continue to carry out the board's functions for the remainder
118118 of the member's term. The change in law applies only to a member
119119 appointed on or after the effective date of this Act.
120120 SECTION 11. This Act takes effect December 1, 2017.