Texas 2019 - 86th Regular

Texas Senate Bill SB849 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Fallon, et al. S.B. No. 849
2		-	(Parker)
	1	+	By: Fallon, Campbell S.B. No. 849
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to requirements for new or increased municipal fees.
8	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	8		SECTION 1. Chapter 102, Local Government Code, is amended
10	9		by adding Section 102.0001 to read as follows:
11	10		Sec. 102.0001. DEFINITION. In this chapter, "fee" has the
12	11		meaning assigned by Section 109.001.
13	12		SECTION 2. Section 102.005, Local Government Code, is
14	13		amended by adding Subsection (b-1) to read as follows:
15	14		(b-1) A proposed budget that includes estimated revenue
16	15		from a new fee or the increase of an existing fee must contain a
17	16		cover page with the following statement in 18-point or larger type:
18	17		"This budget includes estimated revenue from the following new or
19	18		increased fees: (include a description of each new or increased
20	19		fee, the dollar amount of each new fee, and the dollar amount of and
21	20		percentage of increase of each increased fee)."
22	21		SECTION 3. Section 102.006(c), Local Government Code, is
23	22		amended to read as follows:
24	23		(c) The governing body shall provide for public notice of
25	24		the date, time, and location of the hearing. The notice must
26	25		include, in type of a size at least equal to the type used for other
27	26		items in the notice, any statement required to be included in the
28	27		proposed budget under Section 102.005(b) or (b-1).
29	28		SECTION 4. Section 102.0065(d), Local Government Code, is
30	29		amended to read as follows:
31	30		(d) Notice under this section must include, in type of a
32	31		size at least equal to the type used for other items in the notice,
33	32		any statement required to be included in the proposed budget under
34	33		Section 102.005(b) or (b-1).
35	34		SECTION 5. Section 102.007, Local Government Code, is
36	35		amended by adding Subsection (c-1) and amending Subsection (d) to
37	36		read as follows:
38	37		(c-1) Adoption of a budget that includes estimated revenue
39	38		from a new fee or the increase of an existing fee requires a
40	39		separate vote of the governing body to ratify the use of that
41	40		revenue. A vote under this subsection is in addition to and
42	41		separate from the vote to adopt the budget or a vote to adopt or
43	42		increase the fee.
44	43		(d) An adopted budget must contain a cover page that
45	44		includes:
46	45		(1) one of the following statements in 18-point or
47	46		larger type that accurately describes the adopted budget:
48	47		(A) "This budget will raise more revenue from
49	48		property taxes than last year's budget by an amount of (insert total
50	49		dollar amount of increase), which is a (insert percentage increase)
51	50		percent increase from last year's budget. The property tax revenue
52	51		to be raised from new property added to the tax roll this year is
53	52		(insert amount computed by multiplying the proposed tax rate by the
54	53		value of new property added to the roll).";
55	54		(B) "This budget will raise less revenue from
56	55		property taxes than last year's budget by an amount of (insert total
57	56		dollar amount of decrease), which is a (insert percentage decrease)
58	57		percent decrease from last year's budget. The property tax revenue
59	58		to be raised from new property added to the tax roll this year is
60	59		(insert amount computed by multiplying the proposed tax rate by the
61	60		value of new property added to the roll)."; or
62	61		(C) "This budget will raise the same amount of
63	62		revenue from property taxes as last year's budget. The property
64	63		tax revenue to be raised from new property added to the tax roll
65	64		this year is (insert amount computed by multiplying the proposed
66	65		tax rate by the value of new property added to the roll).";
67	66		(2) if applicable, the following statement in 18-point
68	67		or larger type: "This budget includes estimated revenue from the
69	68		following new or increased fees: (include a description of each new
70	69		or increased fee, the dollar amount of each new fee, and the dollar
71	70		amount of and percentage of increase of each increased fee).";
72	71		(3) the record vote of each member of the governing
73	72		body by name voting on the adoption of the budget;
74	73		(4) [(3)] the municipal property tax rates for the
75	74		preceding fiscal year, and each municipal property tax rate that
76	75		has been adopted or calculated for the current fiscal year,
77	76		including:
78	77		(A) the property tax rate;
79	78		(B) the effective tax rate;
80	79		(C) the effective maintenance and operations tax
81	80		rate;
82	81		(D) the rollback tax rate; and
83	82		(E) the debt rate; and
84	83		(5) [(4)] the total amount of municipal debt
85	84		obligations.
86	85		SECTION 6. Section 102.008, Local Government Code, is
87	86		amended to read as follows:
88	87		Sec. 102.008. APPROVED BUDGET FILED WITH MUNICIPAL
89	88		CLERK: POSTING ON INTERNET. (a) On final approval of the budget
90	89		by the governing body of the municipality, the governing body
91	90		shall:
92	91		(1) file the budget with the municipal clerk; and
93	92		(2) if the municipality maintains an Internet website,
94	93		take action to ensure that:
95	94		(A) a copy of the budget, including the cover
96	95		page, is posted on the website; and
97	96		(B) the record vote described by Section
98	97		102.007(d)(3) [102.007(d)(2)] is posted on the website at least
99	98		until the first anniversary of the date the budget is adopted.
100	99		(b) The governing body shall take action to ensure that the
101	100		cover page of the budget is amended to include the property tax
102	101		rates required by Section 102.007(d)(4) [102.007(d)(3)] for the
103	102		current fiscal year if the rates are not included on the cover page
104	103		when the budget is filed with the municipal clerk. The governing
105	104		body shall file an amended cover page with the municipal clerk and
106	105		take action to ensure that the amended cover page is posted on the
107	106		municipality's website.
108	107		SECTION 7. Subtitle A, Title 4, Local Government Code, is
109	108		amended by adding Chapter 109 to read as follows:
110	109		CHAPTER 109. NOTIFICATION OF NEW OR INCREASED MUNICIPAL FEES
111	110		Sec. 109.001. DEFINITION. In this chapter, "fee" means any
112	111		fee, charge, assessment, or similar payment required by a
113	112		municipality for a privilege, service, authorization, permit,
114	113		license, registration, certification, filing, or other municipal
115	114		action or approval.
116	115		Sec. 109.002. E-MAIL NOTIFICATION SERVICE IN CERTAIN
117	116		MUNICIPALITIES. (a) This section does not apply to a municipality
118	117		with a population of less than 20,000.
119	118		(b) Except as provided by Subsection (c), each municipality
120	119		shall establish and maintain an e-mail notification service to
121	120		which any person may electronically subscribe to receive
122	121		information regarding new or increased municipal fees.
123	122		(c) A municipality that does not maintain an e-mail
124	123		notification service for any purpose on January 1, 2019, may post
125	124		the notifications described by Subsection (d)(1) on the Internet
126	125		website of the municipality that are accessible from a prominently
127	126		displayed link on the home page of that website instead of
128	127		establishing an e-mail notification service as prescribed by this
129	128		section.
130	129		(d) The e-mail notification service must:
131	130		(1) allow a subscriber to request notification of
132	131		each:
133	132		(A) new fee proposed to be adopted by the
134	133		municipality;
135	134		(B) existing fee proposed to be increased by the
136	135		municipality;
137	136		(C) proposed budget of the municipality that
138	137		includes use of revenue from a fee described by Paragraph (A) or
139	138		(B);
140	139		(D) adopted budget of the municipality that
141	140		includes use of revenue from a fee described by Paragraph (A) or
142	141		(B); or
143	142		(E) public hearing scheduled to be held at which
144	143		a fee or budget described by Paragraphs (A)-(D) is scheduled to be
145	144		discussed;
146	145		(2) include a link in the notification to any web page
147	146		maintained by the municipality on which the fee or budget may be
148	147		viewed; and
149	148		(3) notify the subscriber by e-mail not later than the
150	149		day:
151	150		(A) the municipality provides public notice of a
152	151		public hearing at which a proposed new or increased fee or a
153	152		proposed budget is scheduled to be discussed, for notification of a
154	153		public hearing for a proposed fee or budget;
155	154		(B) the budget officer files a proposed budget
156	155		with the municipal clerk as required by Section 102.005, for
157	156		notification of a proposed budget; or
158	157		(C) the governing body files an adopted budget
159	158		with the municipal clerk as required by Section 102.008, for
160	159		notification of an adopted budget.
161	160		SECTION 8. Sections 102.005, 102.006, 102.0065, 102.007,
162	161		and 102.008, Local Government Code, as amended by this Act, apply
163	162		only to a proposed or adopted budget for a fiscal year beginning on
164	163		or after January 1, 2020.
165	164		SECTION 9. This Act takes effect September 1, 2019.