Texas 2021 - 87th Regular

Texas House Bill HB1154 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1154
	1	+	By: Jetton, et al. (Senate Sponsor - Kolkhorst) H.B. No. 1154
	2	+	(In the Senate - Received from the House April 26, 2021;
	3	+	May 13, 2021, read first time and referred to Committee on Local
	4	+	Government; May 24, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 8, Nays 0;
	6	+	May 24, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1154 By: Nichols
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the requirements for meetings held and Internet
6	14		websites developed by certain special purpose districts.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Section 403.0241(c), Government Code, is amended
9	17		to read as follows:
10	18		(c) For each special purpose district described by
11	19		Subsection (b), the database must include:
12	20		(1) the name of the special purpose district;
13	21		(2) the name of each board member of the special
14	22		purpose district;
15	23		(3) contact information for the main office of the
16	24		special purpose district, including the physical address, the
17	25		mailing address, and the main telephone number;
18	26		(4) if the special purpose district employs a person
19	27		as a general manager or executive director, or in another position
20	28		to perform duties or functions comparable to those of a general
21	29		manager or executive director, the name of the employee;
22	30		(5) if the special purpose district contracts with a
23	31		utility operator, contact information for a person representing the
24	32		utility operator, including a mailing address and a telephone
25	33		number;
26	34		(6) if the special purpose district contracts with a
27	35		tax assessor-collector, contact information for a person
28	36		representing the tax assessor-collector, including a mailing
29	37		address and telephone number;
30	38		(7) the special purpose district's Internet website
31	39		address or, if the district does not maintain an Internet website,
32	40		the address of any Internet website or websites the district uses to
33	41		comply with Section 2051.202 of this code and Section 26.18, Tax
34	42		Code [,if any];
35	43		(8) the financial information described by Section
36	44		140.008(b) or (g), Local Government Code, including any revenue
37	45		obligations;
38	46		(9) the total amount of bonds authorized by the voters
39	47		of the special purpose district that are payable wholly or partly
40	48		from ad valorem taxes, excluding refunding bonds if refunding bonds
41	49		were separately authorized and excluding contract revenue bonds;
42	50		(10) the aggregate initial principal amount of all
43	51		bonds issued by the special purpose district that are payable
44	52		wholly or partly from ad valorem taxes, excluding refunding bonds
45	53		and contract revenue bonds;
46	54		(11) the rate of any sales and use tax the special
47	55		purpose district imposes;
48	56		(12) for a special purpose district that imposes an ad
49	57		valorem tax:
50	58		(A) the ad valorem tax rate for the most recent
51	59		tax year if the district is a district as defined by Section 49.001,
52	60		Water Code; or
53	61		(B) the table of ad valorem tax rates for the most
54	62		recent tax year described by Section 26.16, Tax Code, in the form
55	63		required by that section, if the district is not a district as
56	64		defined by Section 49.001, Water Code; and
57	65		(13) a link to the Internet website described by
58	66		Section 49.062(g), Water Code, with a plain-language description of
59	67		how a resident may petition to require that board meetings of
60	68		certain special purpose districts be held not further than 10 miles
61	69		from the boundary of the district.
62	70		SECTION 2. Section 551.1283, Government Code, is amended by
63	71		adding Subsections (d) and (e) to read as follows:
64	72		(d) A district that maintains an Internet website shall post
65	73		on that website links to any other Internet website or websites the
66	74		district uses to comply with Section 2051.202 of this code and
67	75		Section 26.18, Tax Code.
68	76		(e) Nothing in this chapter shall prohibit a district from
69	77		allowing a person to watch or listen to a board meeting by video or
70	78		telephone conference call.
71	79		SECTION 3. Subchapter E, Chapter 2051, Government Code, as
72	80		added by Chapter 1029 (H.B. 305), Acts of the 86th Legislature,
73	81		Regular Session, 2019, is redesignated as Subchapter F, Chapter
74	82		2051, Government Code, and amended to read as follows:
75	83		SUBCHAPTER F [E]. INTERNET WEBSITE
76	84		Sec. 2051.201 [2051.151]. [APPLICABILITY OF SUBCHAPTER.
77	85		Except as provided by Section 2051.152(b), this subchapter applies
78	86		only to a political subdivision with the authority to impose a tax
79	87		that at any time on or after January 1, 2019, maintained a publicly
80	88		accessible Internet website.
81	89		[Sec. 2051.152.] INFORMATION REQUIRED ON WEBSITE. (a) This
82	90		section applies only to a political subdivision with the authority
83	91		to impose a tax that:
84	92		(1) at any time on or after January 1, 2019, maintained
85	93		a publicly accessible Internet website; and
86	94		(2) is not subject to Section 2051.202.
87	95		(b) A political subdivision to which this section applies
88	96		shall post on a publicly accessible Internet website the following
89	97		information:
90	98		(1) the political subdivision's contact information,
91	99		including a mailing address, telephone number, and e-mail address;
92	100		(2) each elected officer of the political subdivision;
93	101		(3) the date and location of the next election for
94	102		officers of the political subdivision;
95	103		(4) the requirements and deadline for filing for
96	104		candidacy of each elected office of the political subdivision,
97	105		which shall be continuously posted for at least one year before the
98	106		election day for the office;
99	107		(5) each notice of a meeting of the political
100	108		subdivision's governing body under Subchapter C, Chapter 551; and
101	109		(6) each record of a meeting of the political
102	110		subdivision's governing body under Section 551.021.
103	111		(c) [(b)] Subsections (b)(5) [(a)(5)] and (6) do not apply
104	112		to:
105	113		(1) a county with a population of less than 10,000;
106	114		(2) a municipality with a population of less than
107	115		5,000 located in a county with a population of less than 25,000; or
108	116		(3) a school district with a population of less than
109	117		5,000 in the district's boundaries and located in a county with a
110	118		population of less than 25,000.
111	119		Sec. 2051.202. FINANCIAL AND OPERATING INFORMATION OF
112	120		SPECIAL PURPOSE DISTRICTS. (a) In this section, "special purpose
113	121		district" means a political subdivision of this state with
114	122		geographic boundaries that define the subdivision's territorial
115	123		jurisdiction. The term does not include a municipality, county,
116	124		junior college district, independent school district, groundwater
117	125		conservation district, river authority, or political subdivision
118	126		with statewide jurisdiction.
119	127		(b) This section applies only to a special purpose district
120	128		that:
121	129		(1) is authorized by the state by a general or special
122	130		law to impose an ad valorem tax;
123	131		(2) during the most recent fiscal year imposed an ad
124	132		valorem tax;
125	133		(3) during the most recent fiscal year:
126	134		(A) had bonds outstanding;
127	135		(B) had gross receipts from operations, loans,
128	136		taxes, or contributions in excess of $250,000; or
129	137		(C) had cash and temporary investments in excess
130	138		of $250,000; and
131	139		(4) at the beginning of the most recent fiscal year,
132	140		had a population of 500 or more, as determined by the governing body
133	141		of the special purpose district.
134	142		(c) Notwithstanding Subsections (a) and (b), this section
135	143		applies to a district created and operating under Chapter 387,
136	144		Local Government Code.
137	145		(d) A special purpose district shall post or cause to be
138	146		posted on an Internet website the following information, if
139	147		applicable:
140	148		(1) the name of the special purpose district;
141	149		(2) the name and term of office of each member of the
142	150		governing body of the special purpose district;
143	151		(3) the contact information for the main office of the
144	152		special purpose district, including the physical address, the
145	153		mailing address, and the telephone number;
146	154		(4) the official contact information for each member
147	155		of the governing body of the special purpose district;
148	156		(5) if the special purpose district employs a person
149	157		as a general manager or executive director, or in another position
150	158		to perform duties or functions comparable to those of a general
151	159		manager or executive director, the name of the general manager,
152	160		executive director, or person that performs those duties;
153	161		(6) if the special purpose district contracts with a
154	162		utility operator, the contact information for a person representing
155	163		the utility operator, including a mailing address and telephone
156	164		number;
157	165		(7) if the special purpose district contracts with a
158	166		tax assessor-collector, the contact information for a person
159	167		representing the tax assessor-collector, including a mailing
160	168		address and telephone number;
161	169		(8) if the special purpose district imposes an ad
162	170		valorem tax, the rate of the ad valorem tax of the special purpose
163	171		district;
164	172		(9) if the special purpose district imposes a sales
165	173		and use tax, the rate of the sales and use tax of the special purpose
166	174		district;
167	175		(10) any notice of tax hearing required to be given
168	176		under Chapter 26, Tax Code, or Section 49.236, Water Code;
169	177		(11) the location and schedule of meetings of the
170	178		governing body of the special purpose district;
171	179		(12) a statement substantially similar to the
172	180		following: “Residents of the district have the right to request the
173	181		designation of a meeting location within the district under Section
174	182		49.062(g), Water Code. A description of this process can be found at
175	183		(insert link to the Internet website described by Section
176	184		49.062(g), Water Code).”;
177	185		(13) each notice of a meeting of the governing body of
178	186		the special purpose district under Subchapter C, Chapter 551, for
179	187		meetings conducted in the current calendar year and the immediately
180	188		preceding calendar year;
181	189		(14) the minutes of a public meeting of the governing
182	190		body of the special purpose district under Section 551.021 for
183	191		meetings conducted in the current calendar year and the immediately
184	192		preceding calendar year; and
185	193		(15) the most recent financial audit of the special
186	194		purpose district.
187	195		SECTION 4. Section 49.062, Water Code, is amended by
188	196		amending Subsection (b) and adding Subsection (b-1) to read as
189	197		follows:
190	198		(b) Except as provided by Subsection (b-1), the [The] board
191	199		shall designate one or more places inside or outside the district
192	200		for conducting the meetings of the board. The meeting place may be a
193	201		private residence or office, provided that the board, in its order
194	202		establishing the meeting place, declares the same to be a public
195	203		place and invites the public to attend any meeting of the board. If
196	204		the board establishes a meeting place or places outside the
197	205		district, it shall give notice of the location or locations by
198	206		filing a true copy of the resolution establishing the location or
199	207		locations of the meeting place or places and a justification of why
200	208		the meeting will not be held in the district or within 10 miles of
201	209		the boundary of the district, if applicable, with the commission
202	210		and also by publishing notice of the location or locations in a
203	211		newspaper of general circulation in the district. If the location
204	212		of any of the meeting places outside the district is changed, notice
205	213		of the change shall be given in the same manner.
206	214		(b-1) In this subsection, "rural area district" means a
207	215		district in which more than half of the district's projected retail
208	216		water or sewer connections are active and that is not wholly or
209	217		partly located in a county that as of the 2010 Census had a
210	218		population of 800,000 or more or bordered a county with a population
211	219		of 800,000 or more. If the board of a rural area district conducts
212	220		meetings at least quarterly, the board shall conduct a meeting at a
213	221		designated meeting location inside the district or within 10 miles
214	222		of the boundary of the district at least once per quarter. If the
215	223		board determines that it is not practical to meet within 10 miles of
216	224		the boundary of the district, the district may conduct the
217	225		quarterly meeting at another designated meeting place in the county
218	226		in which the district is located.
219	227		SECTION 5. Section 49.0631, Water Code, is amended to read
220	228		as follows:
221	229		Sec. 49.0631. DISTRICT [MEETING] INFORMATION ON WATER BILL.
222	230		A district providing potable water or sewer service shall as a part
223	231		of the district's billing process include on a district's bill to a
224	232		customer the following statement: "For more information about the
225	233		district, including information about the district's board and
226	234		board meetings, please go to the Comptroller's Special Purpose
227	235		District Public Information Database or (district's Internet
228	236		website if the district maintains an Internet website, or, if the
229	237		district does not maintain an Internet website, the Internet
230	238		website or websites the district uses to comply with Section
231	239		2051.202, Government Code, and Section 26.18, Tax Code)." The
232	240		statement may be altered to provide the current Internet website
233	241		address of [either] the database created under Section 403.0241,
234	242		Government Code, [or] the district, or the Internet website or
235	243		websites the district uses to comply with Section 2051.202,
236	244		Government Code, and Section 26.18, Tax Code.
237	245		SECTION 6. Sections 2051.202(d)(13) and (14), Government
238	246		Code, as added by this Act, apply only to a meeting held by a special
239	247		purpose district on or after the effective date of this Act.
240	248		SECTION 7. To the extent of any conflict, this Act prevails
241	249		over another Act of the 87th Legislature, Regular Session, 2021,
242	250		relating to nonsubstantive additions to and corrections in enacted
243	251		codes.
244	252		SECTION 8. This Act takes effect September 1, 2021.
245		-	______________________________ ______________________________
246		-	President of the Senate Speaker of the House
247		-	I certify that H.B. No. 1154 was passed by the House on April
248		-	23, 2021, by the following vote: Yeas 145, Nays 1, 2 present, not
249		-	voting; and that the House concurred in Senate amendments to H.B.
250		-	No. 1154 on May 28, 2021, by the following vote: Yeas 148, Nays 0,
251		-	1 present, not voting.
252		-	______________________________
253		-	Chief Clerk of the House
254		-	I certify that H.B. No. 1154 was passed by the Senate, with
255		-	amendments, on May 26, 2021, by the following vote: Yeas 31, Nays
256		-	0.
257		-	______________________________
258		-	Secretary of the Senate
259		-	APPROVED: __________________
260		-	Date
261		-	__________________
262		-	Governor
	253	+	* * * * *