Texas 2021 - 87th Regular

Texas House Bill HB4604 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4604
	1	+	By: Dutton (Senate Sponsor - Whitmire) H.B. No. 4604
	2	+	(In the Senate - Received from the House May 12, 2021;
	3	+	May 18, 2021, read first time and referred to Committee on Local
	4	+	Government; May 22, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 7, Nays 0;
	6	+	May 22, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4604 By: Menéndez
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the authority of the Barrett Management District to
6	14		finance an improvement project or service.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Subchapter D, Chapter 3930, Special District
9	17		Local Laws Code, is amended by adding Section 3930.1515 to read as
10	18		follows:
11	19		Sec. 3930.1515. ELECTION REQUIRED FOR FINANCING SERVICES
12	20		AND IMPROVEMENTS. The board may not finance a service or an
13	21		improvement project under this chapter unless the service or
14	22		improvement is approved by 60 percent of the votes cast in an
15	23		election held for that purpose. The election must be conducted in
16	24		the manner provided by Subchapter D, Chapter 49, Water Code, for a
17	25		bond election.
18	26		SECTION 2. Section 3930.154, Special District Local Laws
19	27		Code, is amended to read as follows:
20	28		Sec. 3930.154. ASSESSMENTS; LIENS FOR ASSESSMENTS [NOT
21	29		AUTHORIZED]. (a) The board by resolution may impose and collect an
22	30		assessment for any purpose authorized by this chapter in all or any
23	31		part of the district [The district may not impose an assessment].
24	32		(b) An assessment, a reassessment, or an assessment
25	33		resulting from an addition to or correction of the assessment roll
26	34		by the district, penalties and interest on an assessment or
27	35		reassessment, an expense of collection, and reasonable attorney's
28	36		fees incurred by the district:
29	37		(1) are a first and prior lien against the property
30	38		assessed;
31	39		(2) are superior to any other lien or claim other than
32	40		a lien or claim for county, school district, or municipal ad valorem
33	41		taxes; and
34	42		(3) are the personal liability of and a charge against
35	43		the owners of the property even if the owners are not named in the
36	44		assessment proceedings.
37	45		(c) The lien is effective from the date of the board's
38	46		resolution imposing the assessment until the date the assessment is
39	47		paid. The board may enforce the lien in the same manner that the
40	48		board may enforce an ad valorem tax lien against real property.
41	49		(d) The board may make a correction to or deletion from the
42	50		assessment roll that does not increase the amount of assessment of
43	51		any parcel of land without providing notice and holding a hearing in
44	52		the manner required for additional assessments [Subchapter F,
45	53		Chapter 375, Local Government Code, does not apply to the
46	54		district].
47	55		SECTION 3. Section 3930.151, Special District Local Laws
48	56		Code, is repealed.
49	57		SECTION 4. (a) The legal notice of the intention to
50	58		introduce this Act, setting forth the general substance of this
51	59		Act, has been published as provided by law, and the notice and a
52	60		copy of this Act have been furnished to all persons, agencies,
53	61		officials, or entities to which they are required to be furnished
54	62		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
55	63		Government Code.
56	64		(b) The governor, one of the required recipients, has
57	65		submitted the notice and Act to the Texas Commission on
58	66		Environmental Quality.
59	67		(c) The Texas Commission on Environmental Quality has filed
60	68		its recommendations relating to this Act with the governor,
61	69		lieutenant governor, and speaker of the house of representatives
62	70		within the required time.
63	71		(d) All requirements of the constitution and laws of this
64	72		state and the rules and procedures of the legislature with respect
65	73		to the notice, introduction, and passage of this Act have been
66	74		fulfilled and accomplished.
67	75		SECTION 5. This Act takes effect immediately if it receives
68	76		a vote of two-thirds of all the members elected to each house, as
69	77		provided by Section 39, Article III, Texas Constitution. If this
70	78		Act does not receive the vote necessary for immediate effect, this
71	79		Act takes effect September 1, 2021.
72		-	______________________________ ______________________________
73		-	President of the Senate Speaker of the House
74		-	I certify that H.B. No. 4604 was passed by the House on May
75		-	11, 2021, by the following vote: Yeas 100, Nays 43, 2 present, not
76		-	voting; and that the House concurred in Senate amendments to H.B.
77		-	No. 4604 on May 28, 2021, by the following vote: Yeas 94, Nays 52,
78		-	2 present, not voting.
79		-	______________________________
80		-	Chief Clerk of the House
81		-	I certify that H.B. No. 4604 was passed by the Senate, with
82		-	amendments, on May 26, 2021, by the following vote: Yeas 29, Nays
83		-	2.
84		-	______________________________
85		-	Secretary of the Senate
86		-	APPROVED: __________________
87		-	Date
88		-	__________________
89		-	Governor
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