TX
Texas House Bill HB681

Texas 2019 - 86th Regular

Texas House Bill HB681 Compare Versions

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1-86R11013 JCG-D
1+86R5473 JCG-D
22 By: Stephenson H.B. No. 681
3- Substitute the following for H.B. No. 681:
4- By: Button C.S.H.B. No. 681
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
9- relating to the inclusion of territory of a municipality in a county
10- assistance district.
7+ relating to the inclusion of territory of a municipality in a
8+ proposed county assistance district.
119 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12- SECTION 1. Section 387.003, Local Government Code, is
13- amended by amending Subsection (b-1) and adding Subsection (l) to
14- read as follows:
10+ SECTION 1. Section 387.003(b-1), Local Government Code, is
11+ amended to read as follows:
1512 (b-1) If the proposed district includes any territory of a
1613 municipality, the commissioners court shall send notice by
1714 certified mail to the governing body of the municipality of the
1815 commissioners court's intent to create the district. If the
1916 municipality has created a development corporation under Chapter
2017 504 or 505, the commissioners court shall also send the notice to
2118 the board of directors of the corporation. The commissioners court
2219 must send the notice not later than the 60th day before the date the
23- commissioners court orders the election. The governing body of the
24- municipality may exclude the incorporated territory of the
25- municipality from the proposed district by sending notice by
26- certified mail to the commissioners court of the governing body's
27- desire to exclude the [municipal] territory from the district. The
28- governing body of the municipality may not exclude any territory in
29- the municipality's extraterritorial jurisdiction from the proposed
30- district. The governing body must send the notice not later than
31- the 45th day after the date the governing body receives notice from
32- the commissioners court under this subsection. [The territory of a
33- municipality that is excluded under this subsection may
34- subsequently be included in:
20+ commissioners court orders the election. [The governing body of
21+ the municipality may exclude the territory of the municipality from
22+ the proposed district by sending notice by certified mail to the
23+ commissioners court of the governing body's desire to exclude the
24+ municipal territory from the district. The governing body must
25+ send the notice not later than the 45th day after the date the
26+ governing body receives notice from the commissioners court under
27+ this subsection. The territory of a municipality that is excluded
28+ under this subsection may subsequently be included in:
3529 [(1) the district in an election held under Subsection
3630 (f) with the consent of the municipality; or
3731 [(2) another district after complying with the
3832 requirements of this subsection and after an election under
3933 Subsection (f).]
40- (l) On the date specified under Subdivision (2)(A), a
41- district shall exclude from the district territory annexed for full
42- purposes by a municipality, if:
43- (1) the district has no outstanding bonds payable
44- wholly or partly from sales and use taxes and the exclusion does not
45- impair any outstanding district debt or contractual obligation; and
46- (2) the municipality:
47- (A) provides notice to the district that full
48- municipal services, as defined by Section 43.056, will be provided
49- to the annexed territory by a specific date; and
50- (B) requests that the district exclude the
51- annexed territory from the territory of the district.
52- SECTION 2. Section 387.003(b-1), Local Government Code, as
53- amended by this Act, applies to notice sent to a municipality by a
54- commissioners court under that section on or after the effective
55- date of this Act. Notice sent before the effective date of this Act
56- is governed by the law as it existed on the date the notice was sent,
57- and that law is continued in effect for that purpose.
34+ SECTION 2. The change in law made by this Act applies to
35+ notice sent to a municipality by a commissioners court under
36+ Section 387.003(b-1), Local Government Code, as amended by this
37+ Act, on or after the effective date of this Act. Notice sent before
38+ the effective date of this Act is governed by the law as it existed
39+ on the date the notice was sent, and that law is continued in effect
40+ for that purpose.
5841 SECTION 3. This Act takes effect September 1, 2019.