Texas 2021 - 87th Regular

Texas Senate Bill SB526 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R24458 MP-D
2	1		By: Kolkhorst S.B. No. 526
3		-	(Jetton)
4		-	Substitute the following for S.B. No. 526: No.
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the requirements for meetings held and Internet
10	7		websites developed by certain special purpose districts.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. Section 403.0241(c), Government Code, is amended
13	10		to read as follows:
14	11		(c) For each special purpose district described by
15	12		Subsection (b), the database must include:
16	13		(1) the name of the special purpose district;
17	14		(2) the name of each board member of the special
18	15		purpose district;
19	16		(3) contact information for the main office of the
20	17		special purpose district, including the physical address, the
21	18		mailing address, and the main telephone number;
22	19		(4) if the special purpose district employs a person
23	20		as a general manager or executive director, or in another position
24	21		to perform duties or functions comparable to those of a general
25	22		manager or executive director, the name of the employee;
26	23		(5) if the special purpose district contracts with a
27	24		utility operator, contact information for a person representing the
28	25		utility operator, including a mailing address and a telephone
29	26		number;
30	27		(6) if the special purpose district contracts with a
31	28		tax assessor-collector, contact information for a person
32	29		representing the tax assessor-collector, including a mailing
33	30		address and telephone number;
34	31		(7) the special purpose district's Internet website
35	32		address or, if the district does not maintain an Internet website,
36	33		the address of any Internet website or websites the district uses to
37	34		comply with Section 2051.202 of this code and Section 26.18, Tax
38	35		Code[, if any];
39	36		(8) the financial information described by Section
40	37		140.008(b) or (g), Local Government Code, including any revenue
41	38		obligations;
42	39		(9) the total amount of bonds authorized by the voters
43	40		of the special purpose district that are payable wholly or partly
44	41		from ad valorem taxes, excluding refunding bonds if refunding bonds
45	42		were separately authorized and excluding contract revenue bonds;
46	43		(10) the aggregate initial principal amount of all
47	44		bonds issued by the special purpose district that are payable
48	45		wholly or partly from ad valorem taxes, excluding refunding bonds
49	46		and contract revenue bonds;
50	47		(11) the rate of any sales and use tax the special
51	48		purpose district imposes;
52	49		(12) for a special purpose district that imposes an ad
53	50		valorem tax:
54	51		(A) the ad valorem tax rate for the most recent
55	52		tax year if the district is a district as defined by Section 49.001,
56	53		Water Code; or
57	54		(B) the table of ad valorem tax rates for the most
58	55		recent tax year described by Section 26.16, Tax Code, in the form
59	56		required by that section, if the district is not a district as
60	57		defined by Section 49.001, Water Code; and
61	58		(13) a link to the Internet website described by
62	59		Section 49.062(g), Water Code, with a plain-language description of
63	60		how a resident may petition to require that board meetings of
64	61		certain special purpose districts be held not further than 10 miles
65	62		from the boundary of the district.
66	63		SECTION 2. Section 551.1283, Government Code, is amended by
67	64		adding Subsections (d) and (e) to read as follows:
68	65		(d) A district that maintains an Internet website shall post
69	66		on that website links to any other Internet website or websites the
70	67		district uses to comply with Section 2051.202 of this code and
71	68		Section 26.18, Tax Code.
72	69		(e) Nothing in this chapter shall prohibit a district from
73	70		allowing a person to watch or listen to a board meeting by video or
74	71		telephone conference call.
75	72		SECTION 3. Subchapter E, Chapter 2051, Government Code, as
76	73		added by Chapter 1029 (H.B. 305), Acts of the 86th Legislature,
77	74		Regular Session, 2019, is redesignated as Subchapter F, Chapter
78	75		2051, Government Code, and amended to read as follows:
79	76		SUBCHAPTER F [E]. INTERNET WEBSITE
80	77		Sec. 2051.201 [2051.151]. [APPLICABILITY OF SUBCHAPTER.
81	78		Except as provided by Section 2051.152(b), this subchapter applies
82	79		only to a political subdivision with the authority to impose a tax
83	80		that at any time on or after January 1, 2019, maintained a publicly
84	81		accessible Internet website.
85	82		[Sec. 2051.152.] INFORMATION REQUIRED ON WEBSITE. (a) This
86	83		section applies only to a political subdivision with the authority
87	84		to impose a tax that:
88	85		(1) at any time on or after January 1, 2019, maintained
89	86		a publicly accessible Internet website; and
90	87		(2) is not subject to Section 2051.202.
91	88		(b) A political subdivision to which this section applies
92	89		shall post on a publicly accessible Internet website the following
93	90		information:
94	91		(1) the political subdivision's contact information,
95	92		including a mailing address, telephone number, and e-mail address;
96	93		(2) each elected officer of the political subdivision;
97	94		(3) the date and location of the next election for
98	95		officers of the political subdivision;
99	96		(4) the requirements and deadline for filing for
100	97		candidacy of each elected office of the political subdivision,
101	98		which shall be continuously posted for at least one year before the
102	99		election day for the office;
103	100		(5) each notice of a meeting of the political
104	101		subdivision's governing body under Subchapter C, Chapter 551; and
105	102		(6) each record of a meeting of the political
106	103		subdivision's governing body under Section 551.021.
107	104		(c) [(b)] Subsections (b)(5) [(a)(5)] and (6) do not apply
108	105		to:
109	106		(1) a county with a population of less than 10,000;
110	107		(2) a municipality with a population of less than
111	108		5,000 located in a county with a population of less than 25,000; or
112	109		(3) a school district with a population of less than
113	110		5,000 in the district's boundaries and located in a county with a
114	111		population of less than 25,000.
115	112		Sec. 2051.202. FINANCIAL AND OPERATING INFORMATION OF
116	113		SPECIAL PURPOSE DISTRICTS. (a) In this section, "special purpose
117	114		district" means a political subdivision of this state with
118	115		geographic boundaries that define the subdivision's territorial
119	116		jurisdiction. The term does not include a municipality, county,
120		-	junior college district, independent school district, groundwater
121		-	conservation district, river authority, or political subdivision
122		-	with statewide jurisdiction.
	117	+	junior college district, independent school district, or political
	118	+	subdivision with statewide jurisdiction.
123	119		(b) This section applies only to a special purpose district
124	120		that:
125	121		(1) is authorized by the state by a general or special
126	122		law to impose an ad valorem tax;
127	123		(2) during the most recent fiscal year imposed an ad
128	124		valorem tax;
129	125		(3) during the most recent fiscal year:
130	126		(A) had bonds outstanding;
131	127		(B) had gross receipts from operations, loans,
132	128		taxes, or contributions in excess of $250,000; or
133	129		(C) had cash and temporary investments in excess
134	130		of $250,000; and
135	131		(4) at the beginning of the most recent fiscal year,
136	132		had a population of 500 or more, as determined by the governing body
137	133		of the special purpose district.
138	134		(c) Notwithstanding Subsections (a) and (b), this section
139	135		applies to a district created and operating under Chapter 387,
140	136		Local Government Code.
141	137		(d) A special purpose district shall post or cause to be
142	138		posted on an Internet website the following information, if
143	139		applicable:
144	140		(1) the name of the special purpose district;
145	141		(2) the name and term of office of each member of the
146	142		governing body of the special purpose district;
147	143		(3) the contact information for the main office of the
148	144		special purpose district, including the physical address, the
149	145		mailing address, and the telephone number;
150	146		(4) the official contact information for each member
151	147		of the governing body of the special purpose district;
152	148		(5) if the special purpose district employs a person
153	149		as a general manager or executive director, or in another position
154	150		to perform duties or functions comparable to those of a general
155	151		manager or executive director, the name of the general manager,
156	152		executive director, or person that performs those duties;
157	153		(6) if the special purpose district contracts with a
158	154		utility operator, the contact information for a person representing
159	155		the utility operator, including a mailing address and telephone
160	156		number;
161	157		(7) if the special purpose district contracts with a
162	158		tax assessor-collector, the contact information for a person
163	159		representing the tax assessor-collector, including a mailing
164	160		address and telephone number;
165	161		(8) if the special purpose district imposes an ad
166	162		valorem tax, the rate of the ad valorem tax of the special purpose
167	163		district;
168	164		(9) if the special purpose district imposes a sales
169	165		and use tax, the rate of the sales and use tax of the special purpose
170	166		district;
171	167		(10) any notice of tax hearing required to be given
172	168		under Chapter 26, Tax Code, or Section 49.236, Water Code;
173	169		(11) the location and schedule of meetings of the
174	170		governing body of the special purpose district;
175	171		(12) a statement substantially similar to the
176	172		following: “Residents of the district have the right to request the
177	173		designation of a meeting location within the district under Section
178		-	49.062(g), Water Code. A description of this process can be found at
179		-	(insert link to the Internet website described by Section
	174	+	49.062(g), Water Code. A description of this process can be found
	175	+	at (insert link to the Internet website described by Section
180	176		49.062(g), Water Code).”;
181	177		(13) each notice of a meeting of the governing body of
182	178		the special purpose district under Subchapter C, Chapter 551, for
183	179		meetings conducted in the current calendar year and the immediately
184	180		preceding calendar year;
185	181		(14) the minutes of a public meeting of the governing
186	182		body of the special purpose district under Section 551.021 for
187	183		meetings conducted in the current calendar year and the immediately
188	184		preceding calendar year; and
189	185		(15) the most recent financial audit of the special
190	186		purpose district.
191	187		SECTION 4. Section 49.062, Water Code, is amended by
192	188		amending Subsection (b) and adding Subsection (b-1) to read as
193	189		follows:
194	190		(b) Except as provided by Subsection (b-1), the [The] board
195	191		shall designate one or more places inside or outside the district
196		-	for conducting the meetings of the board. The meeting place may be a
197		-	private residence or office, provided that the board, in its order
	192	+	for conducting the meetings of the board. The meeting place may be
	193	+	a private residence or office, provided that the board, in its order
198	194		establishing the meeting place, declares the same to be a public
199	195		place and invites the public to attend any meeting of the board. If
200	196		the board establishes a meeting place or places outside the
201	197		district, it shall give notice of the location or locations by
202	198		filing a true copy of the resolution establishing the location or
203	199		locations of the meeting place or places and a justification of why
204	200		the meeting will not be held in the district or within 10 miles of
205	201		the boundary of the district, if applicable, with the commission
206	202		and also by publishing notice of the location or locations in a
207	203		newspaper of general circulation in the district. If the location
208	204		of any of the meeting places outside the district is changed, notice
209	205		of the change shall be given in the same manner.
210	206		(b-1) In this subsection, "rural area district" means a
211	207		district in which more than half of the district's projected retail
212	208		water or sewer connections are active and that is not wholly or
213	209		partly located in a county that as of the 2010 Census had a
214	210		population of 800,000 or more or bordered a county with a population
215	211		of 800,000 or more. If the board of a rural area district conducts
216	212		meetings at least quarterly, the board shall conduct a meeting at a
217	213		designated meeting location inside the district or within 10 miles
218	214		of the boundary of the district at least once per quarter. If the
219	215		board determines that it is not practical to meet within 10 miles of
220	216		the boundary of the district, the district may conduct the
221	217		quarterly meeting at another designated meeting place in the county
222	218		in which the district is located.
223	219		SECTION 5. Section 49.0631, Water Code, is amended to read
224	220		as follows:
225	221		Sec. 49.0631. DISTRICT [MEETING] INFORMATION ON WATER BILL.
226	222		A district providing potable water or sewer service shall as a part
227	223		of the district's billing process include on a district's bill to a
228	224		customer the following statement: "For more information about the
229	225		district, including information about the district's board and
230	226		board meetings, please go to the Comptroller's Special Purpose
231	227		District Public Information Database or (district's Internet
232	228		website if the district maintains an Internet website, or, if the
233	229		district does not maintain an Internet website, the Internet
234	230		website or websites the district uses to comply with Section
235	231		2051.202, Government Code, and Section 26.18, Tax Code)." The
236	232		statement may be altered to provide the current Internet website
237	233		address of [either] the database created under Section 403.0241,
238	234		Government Code, [or] the district, or the Internet website or
239	235		websites the district uses to comply with Section 2051.202,
240	236		Government Code, and Section 26.18, Tax Code.
241	237		SECTION 6. Sections 2051.202(d)(13) and (14), Government
242	238		Code, as added by this Act, apply only to a meeting held by a special
243	239		purpose district on or after the effective date of this Act.
244	240		SECTION 7. To the extent of any conflict, this Act prevails
245	241		over another Act of the 87th Legislature, Regular Session, 2021,
246	242		relating to nonsubstantive additions to and corrections in enacted
247	243		codes.
248	244		SECTION 8. This Act takes effect September 1, 2021.