Texas 2023 - 88th Regular

Texas Senate Bill SB767 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R26518 MZM-F
2	2	By: Parker S.B. No. 767
3	3	(Lozano)
4	4	Substitute the following for S.B. No. 767: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to notice requirements for certain municipal fees and the
10	10	process to adopt a municipal budget that includes the use of revenue
11	11	from those fees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 102, Local Government Code, is amended
14	14	by adding Section 102.0001 to read as follows:
15	15	Sec. 102.0001. DEFINITION. In this chapter, "fee" has the
16	16	meaning assigned by Section 110.001.
17	17	SECTION 2. Section 102.005, Local Government Code, is
18	18	amended by adding Subsection (b-1) to read as follows:
19	19	(b-1) A proposed budget for a municipality with a population
20	20	of 30,000 or more that includes estimated revenue from a new fee or
21	21	the increase of an existing fee must contain a cover page with the
22	22	following statement in underlined or boldfaced type: "This budget
23	23	includes estimated revenue from the following new or increased
24	24	fees: (include a description of each new or increased fee, the
25	25	dollar amount of each new fee, and the dollar amount of and
26	26	percentage of increase of each increased fee)."
27	27	SECTION 3. Section 102.006(c), Local Government Code, is
28	28	amended to read as follows:
29	29	(c) The governing body shall provide for public notice of
30	30	the date, time, and location of the hearing. The notice must
31	31	include, in type of a size at least equal to the type used for other
32	32	items in the notice, any statement required to be included in the
33	33	proposed budget under Section 102.005(b) or (b-1).
34	34	SECTION 4. Section 102.0065(d), Local Government Code, is
35	35	amended to read as follows:
36	36	(d) Notice under this section must include, in type of a
37	37	size at least equal to the type used for other items in the notice,
38	38	any statement required to be included in the proposed budget under
39	39	Section 102.005(b) or (b-1). The governing body of a municipality
40	40	may include in the notice the exact Internet location or uniform
41	41	resource locator (URL) address of the location on an Internet
42	42	website maintained by the municipality where the information
43	43	required to be included in the statement prescribed by Section
44	44	102.005(b-1) may be viewed instead of publishing that information
45	45	in the notice.
46	46	SECTION 5. Section 102.007, Local Government Code, is
47	47	amended by adding Subsection (c-1) and amending Subsection (d) to
48	48	read as follows:
49	49	(c-1) Adoption of a budget for a municipality with a
50	50	population of 30,000 or more that includes estimated revenue from a
51	51	new fee or the increase of an existing fee requires a separate vote
52	52	of the governing body to ratify the use of the total amount of the
53	53	revenue from all new or increased fees. A vote under this
54	54	subsection is in addition to and separate from the vote to adopt the
55	55	budget or a vote to adopt or increase the fee.
56	56	(d) An adopted budget must contain a cover page that
57	57	includes:
58	58	(1) one of the following statements in underlined
59	59	[18-point] or boldfaced [larger] type that accurately describes the
60	60	adopted budget:
61	61	(A) "This budget will raise more revenue from
62	62	property taxes than last year's budget by an amount of (insert total
63	63	dollar amount of increase), which is a (insert percentage increase)
64	64	percent increase from last year's budget. The property tax revenue
65	65	to be raised from new property added to the tax roll this year is
66	66	(insert amount computed by multiplying the proposed tax rate by the
67	67	value of new property added to the roll).";
68	68	(B) "This budget will raise less revenue from
69	69	property taxes than last year's budget by an amount of (insert total
70	70	dollar amount of decrease), which is a (insert percentage decrease)
71	71	percent decrease from last year's budget. The property tax revenue
72	72	to be raised from new property added to the tax roll this year is
73	73	(insert amount computed by multiplying the proposed tax rate by the
74	74	value of new property added to the roll)."; or
75	75	(C) "This budget will raise the same amount of
76	76	revenue from property taxes as last year's budget. The property
77	77	tax revenue to be raised from new property added to the tax roll
78	78	this year is (insert amount computed by multiplying the proposed
79	79	tax rate by the value of new property added to the roll).";
80	80	(2) for a municipality with a population of 30,000 or
81	81	more, if applicable, the following statement in underlined or
82	82	boldfaced type: "This budget includes estimated revenue from the
83	83	following new or increased fees, and a list of those fees is
84	84	available at (insert exact Internet location or uniform resource
85	85	locator (URL) address on an Internet website maintained by the
86	86	municipality).";
87	87	(3) the record vote of each member of the governing
88	88	body by name voting on the adoption of the budget;
89	89	(4) [(3)] the municipal property tax rates for the
90	90	preceding fiscal year, and each municipal property tax rate that
91	91	has been adopted or calculated for the current fiscal year,
92	92	including:
93	93	(A) the property tax rate;
94	94	(B) the no-new-revenue tax rate;
95	95	(C) the no-new-revenue maintenance and
96	96	operations tax rate;
97	97	(D) the voter-approval tax rate; and
98	98	(E) the debt rate; and
99	99	(5) [(4)] the total amount of municipal debt
100	100	obligations.
101	101	SECTION 6. Section 102.008, Local Government Code, is
102	102	amended to read as follows:
103	103	Sec. 102.008. APPROVED BUDGET FILED WITH MUNICIPAL
104	104	CLERK: POSTING ON INTERNET. (a) On final approval of the budget
105	105	by the governing body of the municipality, the governing body
106	106	shall:
107	107	(1) file the budget with the municipal clerk; and
108	108	(2) if the municipality maintains an Internet website,
109	109	take action to ensure that:
110	110	(A) a copy of the budget, including the cover
111	111	page, is posted on the website; and
112	112	(B) the record vote described by Section
113	113	102.007(d)(3) [102.007(d)(2)] is posted on the website at least
114	114	until the first anniversary of the date the budget is adopted.
115	115	(b) The governing body shall take action to ensure that the
116	116	cover page of the budget is amended to include the property tax
117	117	rates required by Section 102.007(d)(4) [102.007(d)(3)] for the
118	118	current fiscal year if the rates are not included on the cover page
119	119	when the budget is filed with the municipal clerk. The governing
120	120	body shall file an amended cover page with the municipal clerk and
121	121	take action to ensure that the amended cover page is posted on the
122	122	municipality's website.
123	123	SECTION 7. Subtitle A, Title 4, Local Government Code, is
124	124	amended by adding Chapter 110 to read as follows:
125	125	CHAPTER 110. NOTIFICATION OF NEW OR INCREASED MUNICIPAL FEES
126	126	Sec. 110.001. DEFINITION. In this chapter, "fee" means any
127	127	fee, charge, assessment, or similar payment required by a
128	128	municipality for a privilege, service, authorization, permit,
129	129	license, registration, certification, filing, or other municipal
130	130	action or approval.
131	131	Sec. 110.002. APPLICABILITY. This chapter applies only to
132	132	a municipality with a population of 30,000 or more.
133	133	Sec. 110.003. E-MAIL NOTIFICATION SERVICE. (a) Except as
134	134	provided by Subsection (b), each municipality shall establish and
135	135	maintain an e-mail notification service to which any person may
136	136	electronically subscribe to receive information regarding new or
137	137	increased municipal fees.
138	138	(b) A municipality that does not maintain an e-mail
139	139	notification service for any purpose on January 1, 2023, shall post
140	140	the notifications described by Subsection (c)(1) on the Internet
141	141	website of the municipality that are accessible from a prominently
142	142	displayed link on the home page of that website instead of
143	143	establishing an e-mail notification service as prescribed by this
144	144	section.
145	145	(c) The e-mail notification service must:
146	146	(1) allow a subscriber to request notification of
147	147	each:
148	148	(A) new fee proposed to be adopted by the
149	149	municipality;
150	150	(B) existing fee proposed to be increased by the
151	151	municipality;
152	152	(C) proposed budget of the municipality that
153	153	includes use of revenue from a fee described by Paragraph (A) or
154	154	(B);
155	155	(D) adopted budget of the municipality that
156	156	includes use of revenue from a fee described by Paragraph (A) or
157	157	(B); or
158	158	(E) public hearing scheduled to be held at which
159	159	a fee or budget described by Paragraphs (A)-(D) is scheduled to be
160	160	discussed;
161	161	(2) include a link in the notification to any web page
162	162	maintained by the municipality on which the fee or budget may be
163	163	viewed; and
164	164	(3) notify the subscriber by e-mail not later than the
165	165	second day after the date:
166	166	(A) the municipality provides public notice of a
167	167	public hearing at which a proposed new or increased fee or a
168	168	proposed budget is scheduled to be discussed, for notification of a
169	169	public hearing for a proposed fee or budget;
170	170	(B) the budget officer files a proposed budget
171	171	with the municipal clerk as required by Section 102.005, for
172	172	notification of a proposed budget; or
173	173	(C) the governing body files an adopted budget
174	174	with the municipal clerk as required by Section 102.008, for
175	175	notification of an adopted budget.
176	176	Sec. 110.004. LIST OF MUNICIPAL FEES. The governing body of
177	177	a municipality shall designate an individual in the city manager's,
178	178	city secretary's, or city budget director's office who can provide a
179	179	comprehensive list of municipal fees to a person on request.
180	180	SECTION 8. The changes in law made by Sections 102.005,
181	181	102.006, 102.0065, 102.007, and 102.008, Local Government Code, as
182	182	amended by this Act, apply only to a proposed or adopted budget for
183	183	a fiscal year beginning on or after January 1, 2024.
184	184	SECTION 9. This Act takes effect September 1, 2023.