By: Jetton, et al. (Senate Sponsor - Kolkhorst) H.B. No. 1154
(In the Senate - Received from the House April 26, 2021;
May 13, 2021, read first time and referred to Committee on Local
Government; May 24, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 24, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1154 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for meetings held and Internet
websites developed by certain special purpose districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 403.0241(c), Government Code, is amended
to read as follows:
(c) For each special purpose district described by
Subsection (b), the database must include:
(1) the name of the special purpose district;
(2) the name of each board member of the special
purpose district;
(3) contact information for the main office of the
special purpose district, including the physical address, the
mailing address, and the main telephone number;
(4) if the special purpose district employs a person
as a general manager or executive director, or in another position
to perform duties or functions comparable to those of a general
manager or executive director, the name of the employee;
(5) if the special purpose district contracts with a
utility operator, contact information for a person representing the
utility operator, including a mailing address and a telephone
number;
(6) if the special purpose district contracts with a
tax assessor-collector, contact information for a person
representing the tax assessor-collector, including a mailing
address and telephone number;
(7) the special purpose district's Internet website
address or, if the district does not maintain an Internet website,
the address of any Internet website or websites the district uses to
comply with Section 2051.202 of this code and Section 26.18, Tax
Code [,if any];
(8) the financial information described by Section
140.008(b) or (g), Local Government Code, including any revenue
obligations;
(9) the total amount of bonds authorized by the voters
of the special purpose district that are payable wholly or partly
from ad valorem taxes, excluding refunding bonds if refunding bonds
were separately authorized and excluding contract revenue bonds;
(10) the aggregate initial principal amount of all
bonds issued by the special purpose district that are payable
wholly or partly from ad valorem taxes, excluding refunding bonds
and contract revenue bonds;
(11) the rate of any sales and use tax the special
purpose district imposes;
(12) for a special purpose district that imposes an ad
valorem tax:
(A) the ad valorem tax rate for the most recent
tax year if the district is a district as defined by Section 49.001,
Water Code; or
(B) the table of ad valorem tax rates for the most
recent tax year described by Section 26.16, Tax Code, in the form
required by that section, if the district is not a district as
defined by Section 49.001, Water Code; and
(13) a link to the Internet website described by
Section 49.062(g), Water Code, with a plain-language description of
how a resident may petition to require that board meetings of
certain special purpose districts be held not further than 10 miles
from the boundary of the district.
SECTION 2. Section 551.1283, Government Code, is amended by
adding Subsections (d) and (e) to read as follows:
(d) A district that maintains an Internet website shall post
on that website links to any other Internet website or websites the
district uses to comply with Section 2051.202 of this code and
Section 26.18, Tax Code.
(e) Nothing in this chapter shall prohibit a district from
allowing a person to watch or listen to a board meeting by video or
telephone conference call.
SECTION 3. Subchapter E, Chapter 2051, Government Code, as
added by Chapter 1029 (H.B. 305), Acts of the 86th Legislature,
Regular Session, 2019, is redesignated as Subchapter F, Chapter
2051, Government Code, and amended to read as follows:
SUBCHAPTER F [E]. INTERNET WEBSITE
Sec. 2051.201 [2051.151]. [APPLICABILITY OF SUBCHAPTER.
Except as provided by Section 2051.152(b), this subchapter applies
only to a political subdivision with the authority to impose a tax
that at any time on or after January 1, 2019, maintained a publicly
accessible Internet website.
[Sec. 2051.152.] INFORMATION REQUIRED ON WEBSITE. (a) This
section applies only to a political subdivision with the authority
to impose a tax that:
(1) at any time on or after January 1, 2019, maintained
a publicly accessible Internet website; and
(2) is not subject to Section 2051.202.
(b) A political subdivision to which this section applies
shall post on a publicly accessible Internet website the following
information:
(1) the political subdivision's contact information,
including a mailing address, telephone number, and e-mail address;
(2) each elected officer of the political subdivision;
(3) the date and location of the next election for
officers of the political subdivision;
(4) the requirements and deadline for filing for
candidacy of each elected office of the political subdivision,
which shall be continuously posted for at least one year before the
election day for the office;
(5) each notice of a meeting of the political
subdivision's governing body under Subchapter C, Chapter 551; and
(6) each record of a meeting of the political
subdivision's governing body under Section 551.021.
(c) [(b)] Subsections (b)(5) [(a)(5)] and (6) do not apply
to:
(1) a county with a population of less than 10,000;
(2) a municipality with a population of less than
5,000 located in a county with a population of less than 25,000; or
(3) a school district with a population of less than
5,000 in the district's boundaries and located in a county with a
population of less than 25,000.
Sec. 2051.202. FINANCIAL AND OPERATING INFORMATION OF
SPECIAL PURPOSE DISTRICTS. (a) In this section, "special purpose
district" means a political subdivision of this state with
geographic boundaries that define the subdivision's territorial
jurisdiction. The term does not include a municipality, county,
junior college district, independent school district, groundwater
conservation district, river authority, or political subdivision
with statewide jurisdiction.
(b) This section applies only to a special purpose district
that:
(1) is authorized by the state by a general or special
law to impose an ad valorem tax;
(2) during the most recent fiscal year imposed an ad
valorem tax;
(3) during the most recent fiscal year:
(A) had bonds outstanding;
(B) had gross receipts from operations, loans,
taxes, or contributions in excess of $250,000; or
(C) had cash and temporary investments in excess
of $250,000; and
(4) at the beginning of the most recent fiscal year,
had a population of 500 or more, as determined by the governing body
of the special purpose district.
(c) Notwithstanding Subsections (a) and (b), this section
applies to a district created and operating under Chapter 387,
Local Government Code.
(d) A special purpose district shall post or cause to be
posted on an Internet website the following information, if
applicable:
(1) the name of the special purpose district;
(2) the name and term of office of each member of the
governing body of the special purpose district;
(3) the contact information for the main office of the
special purpose district, including the physical address, the
mailing address, and the telephone number;
(4) the official contact information for each member
of the governing body of the special purpose district;
(5) if the special purpose district employs a person
as a general manager or executive director, or in another position
to perform duties or functions comparable to those of a general
manager or executive director, the name of the general manager,
executive director, or person that performs those duties;
(6) if the special purpose district contracts with a
utility operator, the contact information for a person representing
the utility operator, including a mailing address and telephone
number;
(7) if the special purpose district contracts with a
tax assessor-collector, the contact information for a person
representing the tax assessor-collector, including a mailing
address and telephone number;
(8) if the special purpose district imposes an ad
valorem tax, the rate of the ad valorem tax of the special purpose
district;
(9) if the special purpose district imposes a sales
and use tax, the rate of the sales and use tax of the special purpose
district;
(10) any notice of tax hearing required to be given
under Chapter 26, Tax Code, or Section 49.236, Water Code;
(11) the location and schedule of meetings of the
governing body of the special purpose district;
(12) a statement substantially similar to the
following: “Residents of the district have the right to request the
designation of a meeting location within the district under Section
49.062(g), Water Code. A description of this process can be found at
(insert link to the Internet website described by Section
49.062(g), Water Code).”;
(13) each notice of a meeting of the governing body of
the special purpose district under Subchapter C, Chapter 551, for
meetings conducted in the current calendar year and the immediately
preceding calendar year;
(14) the minutes of a public meeting of the governing
body of the special purpose district under Section 551.021 for
meetings conducted in the current calendar year and the immediately
preceding calendar year; and
(15) the most recent financial audit of the special
purpose district.
SECTION 4. Section 49.062, Water Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Except as provided by Subsection (b-1), the [The] board
shall designate one or more places inside or outside the district
for conducting the meetings of the board. The meeting place may be a
private residence or office, provided that the board, in its order
establishing the meeting place, declares the same to be a public
place and invites the public to attend any meeting of the board. If
the board establishes a meeting place or places outside the
district, it shall give notice of the location or locations by
filing a true copy of the resolution establishing the location or
locations of the meeting place or places and a justification of why
the meeting will not be held in the district or within 10 miles of
the boundary of the district, if applicable, with the commission
and also by publishing notice of the location or locations in a
newspaper of general circulation in the district. If the location
of any of the meeting places outside the district is changed, notice
of the change shall be given in the same manner.
(b-1) In this subsection, "rural area district" means a
district in which more than half of the district's projected retail
water or sewer connections are active and that is not wholly or
partly located in a county that as of the 2010 Census had a
population of 800,000 or more or bordered a county with a population
of 800,000 or more. If the board of a rural area district conducts
meetings at least quarterly, the board shall conduct a meeting at a
designated meeting location inside the district or within 10 miles
of the boundary of the district at least once per quarter. If the
board determines that it is not practical to meet within 10 miles of
the boundary of the district, the district may conduct the
quarterly meeting at another designated meeting place in the county
in which the district is located.
SECTION 5. Section 49.0631, Water Code, is amended to read
as follows:
Sec. 49.0631. DISTRICT [MEETING] INFORMATION ON WATER BILL.
A district providing potable water or sewer service shall as a part
of the district's billing process include on a district's bill to a
customer the following statement: "For more information about the
district, including information about the district's board and
board meetings, please go to the Comptroller's Special Purpose
District Public Information Database or (district's Internet
website if the district maintains an Internet website, or, if the
district does not maintain an Internet website, the Internet
website or websites the district uses to comply with Section
2051.202, Government Code, and Section 26.18, Tax Code)." The
statement may be altered to provide the current Internet website
address of [either] the database created under Section 403.0241,
Government Code, [or] the district, or the Internet website or
websites the district uses to comply with Section 2051.202,
Government Code, and Section 26.18, Tax Code.
SECTION 6. Sections 2051.202(d)(13) and (14), Government
Code, as added by this Act, apply only to a meeting held by a special
purpose district on or after the effective date of this Act.
SECTION 7. To the extent of any conflict, this Act prevails
over another Act of the 87th Legislature, Regular Session, 2021,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 8. This Act takes effect September 1, 2021.
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