Texas 2019 - 86th Regular

Texas House Bill HB984 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R9403~~ TJB-F
	1	+	86R4641 TJB-F
2	2		By: Parker H.B. No. 984
3		-	Substitute the following for H.B. No. 984:
4		-	By: Button C.S.H.B. No. 984
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to notice requirements for certain municipal fees and the
10		-	process to adopt a municipal budget that includes the use of revenue
11		-	from those fees.
	7	+	relating to requirements for new or increased municipal fees.
12	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	9		SECTION 1. Chapter 102, Local Government Code, is amended
14	10		by adding Section 102.0001 to read as follows:
15	11		Sec. 102.0001. DEFINITION. In this chapter, "fee" has the
16	12		meaning assigned by Section 109.001.
17	13		SECTION 2. Section 102.005, Local Government Code, is
18	14		amended by adding Subsection (b-1) to read as follows:
19	15		(b-1) A proposed budget that includes estimated revenue
20	16		from a new fee or the increase of an existing fee must contain a
21	17		cover page with the following statement in 18-point or larger type:
22	18		"This budget includes estimated revenue from the following new or
23	19		increased fees: (include a description of each new or increased
24	20		fee, the dollar amount of each new fee, and the dollar amount of and
25	21		percentage of increase of each increased fee)."
26	22		SECTION 3. Section 102.006(c), Local Government Code, is
27	23		amended to read as follows:
28	24		(c) The governing body shall provide for public notice of
29	25		the date, time, and location of the hearing. The notice must
30	26		include, in type of a size at least equal to the type used for other
31	27		items in the notice, any statement required to be included in the
32	28		proposed budget under Section 102.005(b) or (b-1).
33	29		SECTION 4. Section 102.0065(d), Local Government Code, is
34	30		amended to read as follows:
35	31		(d) Notice under this section must include, in type of a
36	32		size at least equal to the type used for other items in the notice,
37	33		any statement required to be included in the proposed budget under
38	34		Section 102.005(b) or (b-1).
39	35		SECTION 5. Section 102.007, Local Government Code, is
40	36		amended by adding Subsection (c-1) and amending Subsection (d) to
41	37		read as follows:
42	38		(c-1) Adoption of a budget that includes estimated revenue
43	39		from a new fee or the increase of an existing fee requires a
44		-	separate vote of the governing body to ratify the use of ~~the total~~
45		-	~~amount of the~~ revenue ~~from all new or increased fees.~~ A vote under
46		-	~~this subsection is in addition to and~~ separate from the vote to
47		-	~~adopt the budget or a vote to adopt or~~ increase the fee.
	40	+	separate vote of the governing body to ratify the use of that
	41	+	revenue. A vote under this subsection is in addition to and
	42	+	separate from the vote to adopt the budget or a vote to adopt or
	43	+	increase the fee.
48	44		(d) An adopted budget must contain a cover page that
49	45		includes:
50	46		(1) one of the following statements in 18-point or
51	47		larger type that accurately describes the adopted budget:
52	48		(A) "This budget will raise more revenue from
53	49		property taxes than last year's budget by an amount of (insert total
54	50		dollar amount of increase), which is a (insert percentage increase)
55	51		percent increase from last year's budget. The property tax revenue
56	52		to be raised from new property added to the tax roll this year is
57	53		(insert amount computed by multiplying the proposed tax rate by the
58	54		value of new property added to the roll).";
59	55		(B) "This budget will raise less revenue from
60	56		property taxes than last year's budget by an amount of (insert total
61	57		dollar amount of decrease), which is a (insert percentage decrease)
62	58		percent decrease from last year's budget. The property tax revenue
63	59		to be raised from new property added to the tax roll this year is
64	60		(insert amount computed by multiplying the proposed tax rate by the
65	61		value of new property added to the roll)."; or
66	62		(C) "This budget will raise the same amount of
67	63		revenue from property taxes as last year's budget. The property
68	64		tax revenue to be raised from new property added to the tax roll
69	65		this year is (insert amount computed by multiplying the proposed
70	66		tax rate by the value of new property added to the roll).";
71	67		(2) if applicable, the following statement in 18-point
72	68		or larger type: "This budget includes estimated revenue from the
73	69		following new or increased fees: (include a description of each new
74	70		or increased fee, the dollar amount of each new fee, and the dollar
75	71		amount of and percentage of increase of each increased fee).";
76	72		(3) the record vote of each member of the governing
77	73		body by name voting on the adoption of the budget;
78	74		(4) [(3)] the municipal property tax rates for the
79	75		preceding fiscal year, and each municipal property tax rate that
80	76		has been adopted or calculated for the current fiscal year,
81	77		including:
82	78		(A) the property tax rate;
83	79		(B) the effective tax rate;
84	80		(C) the effective maintenance and operations tax
85	81		rate;
86	82		(D) the rollback tax rate; and
87	83		(E) the debt rate; and
88	84		(5) [(4)] the total amount of municipal debt
89	85		obligations.
90	86		SECTION 6. Section 102.008, Local Government Code, is
91	87		amended to read as follows:
92	88		Sec. 102.008. APPROVED BUDGET FILED WITH MUNICIPAL
93	89		CLERK: POSTING ON INTERNET. (a) On final approval of the budget
94	90		by the governing body of the municipality, the governing body
95	91		shall:
96	92		(1) file the budget with the municipal clerk; and
97	93		(2) if the municipality maintains an Internet website,
98	94		take action to ensure that:
99	95		(A) a copy of the budget, including the cover
100	96		page, is posted on the website; and
101	97		(B) the record vote described by Section
102	98		102.007(d)(3) [102.007(d)(2)] is posted on the website at least
103	99		until the first anniversary of the date the budget is adopted.
104	100		(b) The governing body shall take action to ensure that the
105	101		cover page of the budget is amended to include the property tax
106	102		rates required by Section 102.007(d)(4) [102.007(d)(3)] for the
107	103		current fiscal year if the rates are not included on the cover page
108	104		when the budget is filed with the municipal clerk. The governing
109	105		body shall file an amended cover page with the municipal clerk and
110	106		take action to ensure that the amended cover page is posted on the
111	107		municipality's website.
112	108		SECTION 7. Subtitle A, Title 4, Local Government Code, is
113	109		amended by adding Chapter 109 to read as follows:
114	110		CHAPTER 109. NOTIFICATION OF NEW OR INCREASED MUNICIPAL FEES
115	111		Sec. 109.001. DEFINITION. In this chapter, "fee" means any
116	112		fee, charge, assessment, or similar payment required by a
117	113		municipality for a privilege, service, authorization, permit,
118	114		license, registration, certification, filing, or other municipal
119	115		action or approval.
120	116		Sec. 109.002. E-MAIL NOTIFICATION SERVICE IN CERTAIN
121	117		MUNICIPALITIES. (a) This section does not apply to a municipality
122	118		located primarily in a county with a population of less than 30,000.
123	119		(b) Except as provided by Subsection (c), each municipality
124	120		shall establish and maintain an e-mail notification service to
125	121		which any person may electronically subscribe to receive
126	122		information regarding new or increased municipal fees.
127	123		(c) A municipality that does not maintain an e-mail
128	124		notification service for any purpose on January 1, 2019, may post
129	125		the notifications described by Subsection (d)(1) on the Internet
130	126		website of the municipality that are accessible from a prominently
131	127		displayed link on the home page of that website instead of
132	128		establishing an e-mail notification service as prescribed by this
133	129		section.
134	130		(d) The e-mail notification service must:
135	131		(1) allow a subscriber to request notification of
136	132		each:
137	133		(A) new fee proposed to be adopted by the
138	134		municipality;
139	135		(B) existing fee proposed to be increased by the
140	136		municipality;
141	137		(C) proposed budget of the municipality that
142	138		includes use of revenue from a fee described by Paragraph (A) or
143	139		(B);
144	140		(D) adopted budget of the municipality that
145	141		includes use of revenue from a fee described by Paragraph (A) or
146	142		(B); or
147	143		(E) public hearing scheduled to be held at which
148	144		a fee or budget described by Paragraphs (A)-(D) is scheduled to be
149	145		discussed;
150	146		(2) include a link in the notification to any web page
151	147		maintained by the municipality on which the fee or budget may be
152	148		viewed; and
153	149		(3) notify the subscriber by e-mail not later than the
154	150		day:
155	151		(A) the municipality provides public notice of a
156	152		public hearing at which a proposed new or increased fee or a
157	153		proposed budget is scheduled to be discussed, for notification of a
158	154		public hearing for a proposed fee or budget;
159	155		(B) the budget officer files a proposed budget
160	156		with the municipal clerk as required by Section 102.005, for
161	157		notification of a proposed budget; or
162	158		(C) the governing body files an adopted budget
163	159		with the municipal clerk as required by Section 102.008, for
164	160		notification of an adopted budget.
165		-	SECTION 8. ~~The changes in law made by~~ Sections 102.005,
166		-	~~102.006, 102.0065, 102.007,~~ and 102.008, Local Government Code, as
167		-	~~amended by this Act, apply~~ only to a proposed or adopted budget for
168		-	~~a fiscal year beginning on~~ or after January 1, 2020.
	161	+	SECTION 8. Sections 102.005, 102.006, 102.0065, 102.007,
	162	+	and 102.008, Local Government Code, as amended by this Act, apply
	163	+	only to a proposed or adopted budget for a fiscal year beginning on
	164	+	or after January 1, 2020.
169	165		SECTION 9. This Act takes effect September 1, 2019.