Texas 2019 - 86th Regular

Texas House Bill HB304 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 304
	1	+	By: Paul, et al. (Senate Sponsor - Nelson) H.B. No. 304
	2	+	(In the Senate - Received from the House April 11, 2019;
	3	+	April 15, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 15, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 15, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the governance and operation of municipal management
6	12		districts.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 375.022(b), Local Government Code, is
9	15		amended to read as follows:
10	16		(b) The petition must be signed by the owners of a majority
11	17		of the assessed value of the real property in the proposed district
12	18		that would be subject to assessment by the district, according to
13	19		the most recent certified county property tax rolls.
14	20		SECTION 2. Section 375.063, Local Government Code, is
15	21		amended to read as follows:
16	22		Sec. 375.063. QUALIFICATIONS OF DIRECTOR. To be qualified
17	23		to serve as a director, a person must be at least 18 years old and:
18	24		(1) [a resident of the district;
19	25		[(2)] an owner of property in the district;
20	26		(2) [(3)] an owner of stock, whether beneficial or
21	27		otherwise, of a corporate owner of property in the district;
22	28		(3) [(4)] an owner of a beneficial interest in a trust
23	29		that owns property in the district; or
24	30		(4) [(5)] an agent, employee, or tenant of a person
25	31		covered by Subdivision (1), (2), or (3)[, or (4)].
26	32		SECTION 3. Sections 375.064(a), (b), and (c), Local
27	33		Government Code, are amended to read as follows:
28	34		(a) The initial and each succeeding board of directors
29	35		shall, and the owners of a majority of the assessed value of
30	36		property subject to assessment by the district may, recommend to
31	37		the governing body of the municipality persons to serve on the
32	38		succeeding board.
33	39		(b) After reviewing the recommendations, the governing body
34	40		shall approve or disapprove the directors recommended under
35	41		Subsection (a) [by the board].
36	42		(c) If the governing body is not satisfied with the
37	43		recommendations submitted under Subsection (a) [by the board], the
38	44		board, on the request of the governing body, shall submit to the
39	45		governing body additional recommendations.
40	46		SECTION 4. Section 375.092(f), Local Government Code, is
41	47		amended to read as follows:
42	48		(f) A district may acquire, construct, complete, develop,
43	49		own, operate, and maintain permanent improvements and provide
44	50		services that directly benefit property in the district, regardless
45	51		of whether the improvements or services are located inside or [and]
46	52		outside its boundaries.
47	53		SECTION 5. Section 375.114, Local Government Code, is
48	54		amended to read as follows:
49	55		Sec. 375.114. PETITION REQUIRED. The board may not finance
50	56		improvement projects or services [and improvement projects] under
51	57		this chapter unless a written petition has been filed with the board
52	58		requesting those improvements or services signed by:
53	59		(1) the owners of a majority [50 percent or more] of
54	60		the assessed value of the property in the district subject to
55	61		assessment, according to the most recent certified county property
56	62		tax rolls; or
57	63		(2) for a proposed assessment to be apportioned under
58	64		Section 375.119(1), the owners of a majority [50 percent or more]
59	65		of the surface area of the real property subject to assessment by
60	66		the district, [excluding roads, streets, highways, and utility
61	67		rights-of-way, other public areas, and any other property exempt
62	68		from assessment under Section 375.162 or 375.163,] according to the
63	69		most recent certified county property tax rolls.
64	70		SECTION 6. Section 375.243, Local Government Code, is
65	71		amended to read as follows:
66	72		Sec. 375.243. PETITION REQUIRED FOR BOND ELECTION. The
67	73		board may not call a bond election unless a written petition has
68	74		been filed with the board requesting an election signed by the
69	75		owners of a majority[:
70	76		[(1) 50 percent or more] of the assessed value of the
71	77		property subject to assessment or taxation by [in] the district as
72	78		determined from the most recent certified county property tax
73	79		rolls[; or
74	80		[(2) 50 percent or more of the surface area of the
75	81		district, excluding roads, streets, highways, utility
76	82		rights-of-way, other public areas, and other property exempt from
77	83		assessment under Sections 375.161, 375.163, and 375.164 as
78	84		determined from the most recent certified county property tax
79	85		rolls].
80	86		SECTION 7. Section 375.262, Local Government Code, is
81	87		amended to read as follows:
82	88		Sec. 375.262. DISSOLUTION BY PETITION BY OWNERS. Except as
83	89		limited by Section 375.264, the board shall dissolve the district
84	90		on written petition filed with the board by the owners of at least
85	91		two-thirds [:
86	92		[(1) 75 percent or more] of the assessed value of the
87	93		property subject to assessment or taxation by [in] the district
88	94		based on the most recent certified county property tax rolls[; or
89	95		[(2) 75 percent or more of the surface area of the
90	96		district, excluding roads, streets, highways, utility
91	97		rights-of-way, other public areas, and other property exempt from
92	98		assessment under Sections 375.161, 375.163, and 375.164, according
93	99		to the most recent certified county property tax rolls].
94	100		SECTION 8. Section 382.052(b), Local Government Code, is
95	101		amended to read as follows:
96	102		(b) If the population of the district is more than 1,000, to
97	103		be eligible to serve as a director, a person must be at least 18
98	104		years old, reside in the district, and be:
99	105		(1) an owner of property in the district;
100	106		(2) an owner of stock, whether beneficial or
101	107		otherwise, of a corporate owner of property in the district;
102	108		(3) an owner of a beneficial interest in a trust that
103	109		owns property in the district; or
104	110		(4) an agent, employee, or tenant of a person covered
105	111		by Subdivision (1), (2), or (3) [meet the qualifications of Section
106	112		375.063].
107	113		SECTION 9. Section 3855.052(b), Special District Local Laws
108	114		Code, is amended to read as follows:
109	115		(b) Section 375.063(2) [375.063(3)], Local Government Code,
110	116		does not apply to the district.
111	117		SECTION 10. Section 3818.251, Special District Local Laws
112	118		Code, is repealed.
113	119		SECTION 11. The change in law made by this Act to Section
114	120		375.063, Local Government Code, does not affect the entitlement of
115	121		a member serving on the board of directors of a district to which
116	122		that section applies immediately before the effective date of this
117	123		Act to continue to carry out the board's functions for the remainder
118	124		of the member's term. The change in law applies only to a member
119	125		appointed on or after the effective date of this Act.
120	126		SECTION 12. This Act takes effect September 1, 2019.
121		-	______________________________ ______________________________
122		-	President of the Senate Speaker of the House
123		-	I certify that H.B. No. 304 was passed by the House on April
124		-	9, 2019, by the following vote: Yeas 142, Nays 6, 1 present, not
125		-	voting.
126		-	______________________________
127		-	Chief Clerk of the House
128		-	I certify that H.B. No. 304 was passed by the Senate on May
129		-	21, 2019, by the following vote: Yeas 31, Nays 0.
130		-	______________________________
131		-	Secretary of the Senate
132		-	APPROVED: _____________________
133		-	Date
134		-	_____________________
135		-	Governor
	127	+	* * * * *