H.B. No. 4604
AN ACT
relating to the authority of the Barrett Management District to
finance an improvement project or service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 3930, Special District
Local Laws Code, is amended by adding Section 3930.1515 to read as
follows:
Sec. 3930.1515. ELECTION REQUIRED FOR FINANCING SERVICES
AND IMPROVEMENTS. The board may not finance a service or an
improvement project under this chapter unless the service or
improvement is approved by 60 percent of the votes cast in an
election held for that purpose. The election must be conducted in
the manner provided by Subchapter D, Chapter 49, Water Code, for a
bond election.
SECTION 2. Section 3930.154, Special District Local Laws
Code, is amended to read as follows:
Sec. 3930.154. ASSESSMENTS; LIENS FOR ASSESSMENTS [NOT
AUTHORIZED]. (a) The board by resolution may impose and collect an
assessment for any purpose authorized by this chapter in all or any
part of the district [The district may not impose an assessment].
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments [Subchapter F,
Chapter 375, Local Government Code, does not apply to the
district].
SECTION 3. Section 3930.151, Special District Local Laws
Code, is repealed.
SECTION 4. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4604 was passed by the House on May
11, 2021, by the following vote: Yeas 100, Nays 43, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4604 on May 28, 2021, by the following vote: Yeas 94, Nays 52,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4604 was passed by the Senate, with
amendments, on May 26, 2021, by the following vote: Yeas 29, Nays
2.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor