Texas 2019 - 86th Regular

Texas Senate Bill SB239 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 239
	1	+	By: Nelson S.B. No. 239
	2	+	(Button, Stucky, Patterson)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to meetings for certain special purpose districts.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	9		SECTION 1. Section 403.0241(c), Government Code, is amended
8	10		to read as follows:
9	11		(c) For each special purpose district described by
10	12		Subsection (b), the database must include:
11	13		(1) the name of the special purpose district;
12	14		(2) the name of each board member of the special
13	15		purpose district;
14	16		(3) contact information for the main office of the
15	17		special purpose district, including the physical address, the
16	18		mailing address, and the main telephone number;
17	19		(4) if the special purpose district employs a person
18	20		as a general manager or executive director, or in another position
19	21		to perform duties or functions comparable to those of a general
20	22		manager or executive director, the name of the employee;
21	23		(5) if the special purpose district contracts with a
22	24		utility operator, contact information for a person representing the
23	25		utility operator, including a mailing address and a telephone
24	26		number;
25	27		(6) if the special purpose district contracts with a
26	28		tax assessor-collector, contact information for a person
27	29		representing the tax assessor-collector, including a mailing
28	30		address and telephone number;
29	31		(7) the special purpose district's Internet website
30	32		address, if any;
31	33		(8) the information the special purpose district is
32	34		required to report under Section 140.008(b) or (g), Local
33	35		Government Code, including any revenue obligations;
34	36		(9) the total amount of bonds authorized by the voters
35	37		of the special purpose district that are payable wholly or partly
36	38		from ad valorem taxes, excluding refunding bonds if refunding bonds
37	39		were separately authorized and excluding contract revenue bonds;
38	40		(10) the aggregate initial principal amount of all
39	41		bonds issued by the special purpose district that are payable
40	42		wholly or partly from ad valorem taxes, excluding refunding bonds
41	43		and contract revenue bonds;
42	44		(11) the rate of any sales and use tax the special
43	45		purpose district imposes; [and]
44	46		(12) for a special purpose district that imposes an ad
45	47		valorem tax:
46	48		(A) the ad valorem tax rate for the most recent
47	49		tax year if the district is a district as defined by Section 49.001,
48	50		Water Code; or
49	51		(B) the table of ad valorem tax rates for the most
50	52		recent tax year described by Section 26.16, Tax Code, in the form
51	53		required by that section, if the district is not a district as
52	54		defined by Section 49.001, Water Code; and
53	55		(13) a link to the Internet website described by
54	56		Section 49.062(g), Water Code, with a plain-language description of
55	57		how a resident may petition to require that board meetings of
56	58		certain special purpose districts be held not further than 10 miles
57	59		from the boundary of the district.
58	60		SECTION 2. Subchapter F, Chapter 551, Government Code, is
59	61		amended by adding Section 551.1283 to read as follows:
60	62		Sec. 551.1283. GOVERNING BODY OF CERTAIN WATER DISTRICTS:
61	63		INTERNET POSTING OF MEETING MATERIALS; RECORDING OF CERTAIN
62	64		HEARINGS. (a) This section only applies to a special purpose
63	65		district subject to Chapter 51, 53, 54, or 55, Water Code, that has
64	66		a population of 500 or more.
65	67		(b) On written request of a district resident made to the
66	68		district not later than the third day before a public hearing to
67	69		consider the adoption of an ad valorem tax rate, the district shall
68	70		make an audio recording of reasonable quality of the hearing and
69	71		provide the recording to the resident in an electronic format not
70	72		later than the fifth business day after the date of the hearing.
71	73		The district shall maintain a copy of the recording for at least one
72	74		year after the date of the hearing.
73	75		(c) A district shall post the minutes of the meeting of the
74	76		governing body to the district's Internet website if the district
75	77		maintains an Internet website.
76	78		SECTION 3. Section 49.062, Water Code, is amended by
77	79		amending Subsections (b) and (c) and adding Subsections (c-1), (e),
78	80		(f), and (g) to read as follows:
79	81		(b) The board shall designate one or more places inside or
80	82		outside the district for conducting the meetings of the board. The
81	83		meeting place may be a private residence or office, provided that
82	84		the board, in its order establishing the meeting place, declares
83	85		the same to be a public place and invites the public to attend any
84	86		meeting of the board. If the board establishes a meeting place or
85	87		places outside the district, it shall give notice of the location or
86	88		locations by filing a true copy of the resolution establishing the
87	89		location or locations of the meeting place or places and a
88	90		justification of why the meeting will not be held in the district or
89	91		within 10 miles of the boundary of the district, if applicable, with
90	92		the commission and also by publishing notice of the location or
91	93		locations in a newspaper of general circulation in the district. If
92	94		the location of any of the meeting places outside the district is
93	95		changed, notice of the change shall be given in the same manner.
94	96		(c) After at least 50 [25] qualified electors are residing
95	97		in a district, on written request of at least five of those
96	98		electors, the board shall designate a meeting place and hold
97	99		meetings within the district. If no suitable meeting place exists
98	100		inside the district, the board may designate a meeting place
99	101		outside the district that is located not further than 10 miles from
100	102		the boundary of the district [if it determines that the meeting
101	103		place used by the district deprives the residents of a reasonable
102	104		opportunity to attend district meetings].
103	105		(c-1) On the failure, after a request is made under
104	106		Subsection (c), of the board to designate the location of the
105	107		meeting place within the district or not further than 10 miles from
106	108		the boundary of the district, five electors may petition the
107	109		commission to designate a location. If it determines that the
108	110		meeting place used by the district deprives the residents of a
109	111		reasonable opportunity to attend district meetings, the commission
110	112		shall [may] designate a meeting place inside or outside the
111	113		district which is reasonably available to the public and require
112	114		that the meetings be held at such place. [After the next election,
113	115		the board may designate different meeting places, including one
114	116		located outside the boundaries of the district.]
115	117		(e) After holding a meeting at a place designated under
116	118		Subsection (c) or (c-1), the board may hold a hearing on the
117	119		designation of a different meeting place, including a meeting place
118	120		outside of the district. The board may hold meetings at the
119	121		designated meeting place if, at the hearing, the board determines
120	122		that the new meeting place is beneficial to the district and will
121	123		not deprive the residents of the district of a reasonable
122	124		opportunity to attend meetings. The board may not hold meetings at
123	125		a meeting place outside the district or further than 10 miles from
124	126		the boundaries of the district if the board receives a petition
125	127		under Subsection (c-1).
126	128		(f) The commission shall make a determination under
127	129		Subsection (c-1) not later than the 60th day after the date the
128	130		commission receives the petition.
129	131		(g) The commission shall provide information on the
130	132		commission's Internet website on the process for designation by the
131	133		commission of a meeting place under Subsection (c-1) and a form that
132	134		may be used to request that the commission make the designation with
133	135		submission instructions.
134	136		SECTION 4. Subchapter C, Chapter 49, Water Code, is amended
135	137		by adding Section 49.0631 to read as follows:
136	138		Sec. 49.0631. MEETING INFORMATION ON WATER BILL. A
137	139		district providing potable water or sewer service shall as a part of
138	140		the district's billing process include on a district's bill to a
139	141		customer the following statement: "For more information about the
140	142		district, including information about the district's board and
141	143		board meetings, please go to the Comptroller's Special Purpose
142	144		District Public Information Database or (district's Internet
143	145		website if the district maintains an Internet website)." The
144	146		statement may be altered to provide the current Internet website
145	147		address of either the database created under Section 403.0241,
146	148		Government Code, or the district.
147	149		SECTION 5. The changes in law made by this Act apply only to
148	150		an open meeting held on or after the effective date of this Act. An
149	151		open meeting that is held before the effective date of this Act is
150	152		governed by the law in effect on the date of the open meeting, and
151	153		the former law is continued in effect for that purpose.
152	154		SECTION 6. This Act takes effect September 1, 2019.
153		-	______________________________ ______________________________
154		-	President of the Senate Speaker of the House
155		-	I hereby certify that S.B. No. 239 passed the Senate on
156		-	May 3, 2019, by the following vote: Yeas 31, Nays 0.
157		-	______________________________
158		-	Secretary of the Senate
159		-	I hereby certify that S.B. No. 239 passed the House on
160		-	May 10, 2019, by the following vote: Yeas 140, Nays 1, two
161		-	present not voting.
162		-	______________________________
163		-	Chief Clerk of the House
164		-	Approved:
165		-	______________________________
166		-	Date
167		-	______________________________
168		-	Governor