Texas 2019 - 86th Regular

Texas House Bill HB1356 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R28157 GRM-F
2		-	By: Button, Stucky, Patterson H.B. No. 1356
3		-	Substitute the following for H.B. No. 1356:
4		-	By: Bohac C.S.H.B. No. 1356
	1	+	86R2301 GRM-F
	2	+	By: Button H.B. No. 1356
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to meetings for certain special purpose districts.
	7	+	relating to the requirements for meetings of certain special
	8	+	districts.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11		-	SECTION 1. Section 403.0241(c), Government Code, is amended
12		-	to read as follows:
13		-	(c) For each special purpose district described by
14		-	Subsection (b), the database must include:
15		-	(1) the name of the special purpose district;
16		-	(2) the name of each board member of the special
17		-	purpose district;
18		-	(3) contact information for the main office of the
19		-	special purpose district, including the physical address, the
20		-	mailing address, and the main telephone number;
21		-	(4) if the special purpose district employs a person
22		-	as a general manager or executive director, or in another position
23		-	to perform duties or functions comparable to those of a general
24		-	manager or executive director, the name of the employee;
25		-	(5) if the special purpose district contracts with a
26		-	utility operator, contact information for a person representing the
27		-	utility operator, including a mailing address and a telephone
28		-	number;
29		-	(6) if the special purpose district contracts with a
30		-	tax assessor-collector, contact information for a person
31		-	representing the tax assessor-collector, including a mailing
32		-	address and telephone number;
33		-	(7) the special purpose district's Internet website
34		-	address, if any;
35		-	(8) the information the special purpose district is
36		-	required to report under Section 140.008(b) or (g), Local
37		-	Government Code, including any revenue obligations;
38		-	(9) the total amount of bonds authorized by the voters
39		-	of the special purpose district that are payable wholly or partly
40		-	from ad valorem taxes, excluding refunding bonds if refunding bonds
41		-	were separately authorized and excluding contract revenue bonds;
42		-	(10) the aggregate initial principal amount of all
43		-	bonds issued by the special purpose district that are payable
44		-	wholly or partly from ad valorem taxes, excluding refunding bonds
45		-	and contract revenue bonds;
46		-	(11) the rate of any sales and use tax the special
47		-	purpose district imposes; [and]
48		-	(12) for a special purpose district that imposes an ad
49		-	valorem tax:
50		-	(A) the ad valorem tax rate for the most recent
51		-	tax year if the district is a district as defined by Section 49.001,
52		-	Water Code; or
53		-	(B) the table of ad valorem tax rates for the most
54		-	recent tax year described by Section 26.16, Tax Code, in the form
55		-	required by that section, if the district is not a district as
56		-	defined by Section 49.001, Water Code; and
57		-	(13) a link to the Internet website described by
58		-	Section 49.062(g), Water Code, with a plain language description of
59		-	how a resident may petition to require that board meetings of
60		-	certain special purpose districts be held not further than 10 miles
61		-	from the boundary of the district.
62		-	SECTION 2. Subchapter F, Chapter 551, Government Code, is
63		-	amended by adding Section 551.1283 to read as follows:
64		-	Sec. 551.1283. GOVERNING BODY OF CERTAIN WATER DISTRICTS:
65		-	INTERNET POSTING OF MEETING MATERIALS; RECORDING OF CERTAIN
66		-	HEARINGS. (a) This section only applies to a special purpose
67		-	district subject to Chapter 51, 53, 54, or 55, Water Code, that has
68		-	a population of 500 or more.
69		-	(b) On written request of a district resident made to the
70		-	district not later than the third day before a public hearing to
71		-	consider the adoption of an ad valorem tax rate, the district shall
72		-	make an audio recording of reasonable quality of the hearing and
73		-	provide the recording to the resident in an electronic format not
74		-	later than the fifth business day after the date of the hearing.
75		-	The district shall maintain a copy of the recording for at least one
76		-	year after the date of the hearing.
77		-	(c) A district shall post the minutes of the meeting of the
78		-	governing body to the district's Internet website if the district
79		-	maintains an Internet website.
80		-	SECTION 3. Section 49.062, Water Code, is amended by
81		-	amending Subsections (b) and (c) and adding Subsections (c-1), (e),
82		-	(f), and (g) to read as follows:
83		-	(b) The board shall designate one or more places inside or
84		-	outside the district for conducting the meetings of the board. The
85		-	meeting place may be a private residence or office, provided that
86		-	the board, in its order establishing the meeting place, declares
87		-	the same to be a public place and invites the public to attend any
88		-	meeting of the board. If the board establishes a meeting place or
89		-	places outside the district, it shall give notice of the location or
90		-	locations by filing a true copy of the resolution establishing the
91		-	location or locations of the meeting place or places and a
92		-	justification of why the meeting will not be held in the district or
93		-	within 10 miles of the boundary of the district, if applicable, with
94		-	the commission and also by publishing notice of the location or
95		-	locations in a newspaper of general circulation in the district. If
96		-	the location of any of the meeting places outside the district is
97		-	changed, notice of the change shall be given in the same manner.
98		-	(c) After at least 50 [25] qualified electors are residing
99		-	in a district, on written request of at least five of those
100		-	electors, the board shall designate a meeting place and hold
101		-	meetings within the district. If no suitable meeting place exists
102		-	inside the district, the board may designate a meeting place
103		-	outside the district that is located not further than 10 miles from
104		-	the boundary of the district [if it determines that the meeting
105		-	place used by the district deprives the residents of a reasonable
106		-	opportunity to attend district meetings].
107		-	(c-1) On the failure, after a request is made under
108		-	Subsection (c), of the board to designate the location of the
109		-	meeting place within the district or not further than 10 miles from
110		-	the boundary of the district, five electors may petition the
	10	+	SECTION 1. Section 551.128(b-1), Government Code, is
	11	+	amended to read as follows:
	12	+	(b-1) A transit authority or department subject to Chapter
	13	+	451, 452, 453, or 460, Transportation Code, an elected school
	14	+	district board of trustees for a school district that has a student
	15	+	enrollment of 10,000 or more, an elected governing body of a
	16	+	home-rule municipality that has a population of 50,000 or more, a
	17	+	governing body of a special district subject to Chapter 51, 53, 54,
	18	+	or 55, Water Code, that has a population of 500 or more, or a county
	19	+	commissioners court for a county that has a population of 125,000 or
	20	+	more shall:
	21	+	(1) make a video and audio recording of reasonable
	22	+	quality of each:
	23	+	(A) regularly scheduled open meeting that is not
	24	+	a work session or a special called meeting; and
	25	+	(B) open meeting that is a work session or
	26	+	special called meeting if:
	27	+	(i) the governmental body is an elected
	28	+	school district board of trustees for a school district that has a
	29	+	student enrollment of 10,000 or more; and
	30	+	(ii) at the work session or special called
	31	+	meeting, the board of trustees votes on any matter or allows public
	32	+	comment or testimony; and
	33	+	(2) make available an archived copy of the video and
	34	+	audio recording of each meeting described by Subdivision (1) on the
	35	+	Internet.
	36	+	SECTION 2. Section 49.062, Water Code, is amended by
	37	+	amending Subsections (b) and (c) and adding Subsection (e) to read
	38	+	as follows:
	39	+	(b) Except as provided by Subsection (e), the [The] board
	40	+	shall designate one or more places inside or outside the district
	41	+	for conducting the meetings of the board. The meeting place may be
	42	+	a private residence or office, provided that the board, in its order
	43	+	establishing the meeting place, declares the same to be a public
	44	+	place and invites the public to attend any meeting of the board. If
	45	+	the board establishes a meeting place or places outside the
	46	+	district, it shall give notice of the location or locations by
	47	+	filing a true copy of the resolution establishing the location or
	48	+	locations of the meeting place or places with the commission and
	49	+	also by publishing notice of the location or locations in a
	50	+	newspaper of general circulation in the district. If the location
	51	+	of any of the meeting places outside the district is changed, notice
	52	+	of the change shall be given in the same manner.
	53	+	(c) Except as provided by Subsection (e), after [After] at
	54	+	least 25 qualified electors are residing in a district, on written
	55	+	request of at least five of those electors, the board shall
	56	+	designate a meeting place and hold meetings within the district if
	57	+	it determines that the meeting place used by the district deprives
	58	+	the residents of a reasonable opportunity to attend district
	59	+	meetings. On the failure to designate the location of the meeting
	60	+	place within the district, five electors may petition the
111	61		commission to designate a location. If it determines that the
112	62		meeting place used by the district deprives the residents of a
113	63		reasonable opportunity to attend district meetings, the commission
114		-	shall [may] designate a meeting place inside or outside the
115		-	district which is reasonably available to the public and require
116		-	that the meetings be held at such place. [After the next election,
117		-	the board may designate different meeting places, including one
118		-	located outside the boundaries of the district.]
119		-	(e) After holding a meeting at a place designated under
120		-	Subsection (c) or (c-1), the board may hold a hearing on the
121		-	designation of a different meeting place, including a meeting place
122		-	outside of the district. The board may hold meetings at the
123		-	designated meeting place if, at the hearing, the board determines
124		-	that the new meeting place is beneficial to the district and will
125		-	not deprive the residents of the district of a reasonable
126		-	opportunity to attend meetings. The board may not hold meetings at a
127		-	meeting place outside the district or further than 10 miles from the
128		-	boundaries of the district if the board receives a petition under
129		-	Subsection (c-1).
130		-	(f) The commission shall make a determination under
131		-	Subsection (c-1) not later than the 60th day after the date the
132		-	commission receives the petition.
133		-	(g) The commission shall provide information on the
134		-	commission's Internet website on the process for designation by the
135		-	commission of a meeting place under Subsection (c-1) and a form
136		-	that may be used to request that the commission make the designation
137		-	with submission instructions.
138		-	SECTION 4. Subchapter C, Chapter 49, Water Code, is amended
139		-	by adding Section 49.0631 to read as follows:
140		-	Sec. 49.0631. MEETING INFORMATION ON WATER BILL. A
141		-	district providing potable water or sewer service shall as a part of
142		-	the district's billing process include on a district's bill to a
143		-	customer the following statement: "For more information about the
144		-	district, including information about the district's board and
145		-	board meetings, please go to the Comptroller's Special Purpose
146		-	District Public Information Database or (district's Internet
147		-	website if the district maintains an Internet website)." The
148		-	statement may be altered to provide the current Internet website
149		-	address of either the database created under Section 403.0241,
150		-	Government Code, or the district.
151		-	SECTION 5. The changes in law made by this Act apply only to
	64	+	may designate a meeting place inside or outside the district which
	65	+	is reasonably available to the public and require that the meetings
	66	+	be held at such place. After the next election, the board may
	67	+	designate different meeting places, including one located outside
	68	+	the boundaries of the district.
	69	+	(e) This subsection applies to a district with a population
	70	+	of 500 or more. The board shall designate a place inside the
	71	+	district for conducting the meetings of the board. If the board is
	72	+	unable to designate a suitable meeting place inside the district,
	73	+	the board may designate a place outside the district that is located
	74	+	not farther than 10 miles from the district's boundaries.
	75	+	SECTION 3. The changes in law made by this Act apply only to
152	76		an open meeting held on or after the effective date of this Act. An
153	77		open meeting that is held before the effective date of this Act is
154	78		governed by the law in effect on the date of the open meeting, and
155	79		the former law is continued in effect for that purpose.
156		-	SECTION 6. This Act takes effect September 1, 2019.
	80	+	SECTION 4. This Act takes effect September 1, 2019.