Bill Text: TX HB4051 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the notice requirements for bills proposing the creation of or annexation of land to certain special purpose districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-13 - Left pending in committee [HB4051 Detail]
Download: Texas-2017-HB4051-Introduced.html
85R13592 SLB-F | ||
By: Murphy | H.B. No. 4051 |
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relating to the notice requirements for bills proposing the | ||
creation of or annexation of land to certain special purpose | ||
districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 313.006, Government Code, | ||
is amended to read as follows: | ||
Sec. 313.006. NOTICE FOR LAWS ESTABLISHING OR ADDING | ||
TERRITORY TO MUNICIPAL MANAGEMENT DISTRICTS. | ||
SECTION 2. Sections 313.006(a), (b), and (d), Government | ||
Code, are amended to read as follows: | ||
(a) In addition to the other requirements of this chapter, a | ||
person, other than a member of the legislature, who intends to apply | ||
for the passage of a law establishing or adding territory to a | ||
special district that incorporates a power from Chapter 375, Local | ||
Government Code, must provide notice as provided by this section. | ||
(b) The person shall notify by mail each person who owns | ||
real property [ |
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to be added to an existing district, according to the most recent | ||
certified tax appraisal roll for the county in which the real | ||
property is owned. The notice, properly addressed with postage | ||
paid, must be deposited with the United States Postal Service not | ||
later than the 30th day before the date on which the intended law is | ||
introduced in the legislature. | ||
(d) The person is not required to mail notice to a person who | ||
owns real property in the proposed district or in the area proposed | ||
to be added to a district if the property cannot be subject to an | ||
assessment by the district. | ||
SECTION 3. Section 375.022(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) The petition must be signed by[ |
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the real property in the proposed district, according to the most | ||
recent certified county property tax rolls[ |
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SECTION 4. Section 49.302(b), Water Code, is amended to | ||
read as follows: | ||
(b) A petition requesting the annexation of a defined area | ||
signed by a majority in value of the owners of land in the defined | ||
area, as shown by the tax rolls of the central appraisal district of | ||
the county or counties in which such area is located, [ |
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describe the land by metes and bounds or by lot and block number if | ||
there is a recorded plat of the area and shall be filed with the | ||
secretary of the board. | ||
SECTION 5. Section 54.014, Water Code, is amended to read as | ||
follows: | ||
Sec. 54.014. PETITION. When it is proposed to create a | ||
district, a petition requesting creation shall be filed with the | ||
commission. The petition shall be signed by a majority in value of | ||
the holders of title of the land within the proposed district, as | ||
indicated by the tax rolls of the central appraisal district. [ |
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SECTION 6. Section 54.016(a), Water Code, is amended to | ||
read as follows: | ||
(a) No land within the corporate limits of a city or within | ||
the extraterritorial jurisdiction of a city, shall be included in a | ||
district unless the city grants its written consent, by resolution | ||
or ordinance, to the inclusion of the land within the district in | ||
accordance with Section 42.042, Local Government Code, and this | ||
section. The request to a city for its written consent to the | ||
creation of a district, shall be signed by a majority in value of | ||
the holders of title of the land within the proposed district as | ||
indicated by the county tax rolls [ |
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inclusion of land within a district shall describe the boundaries | ||
of the land to be included in the district by metes and bounds or by | ||
lot and block number, if there is a recorded map or plat and survey | ||
of the area, and state the general nature of the work proposed to be | ||
done, the necessity for the work, and the cost of the project as | ||
then estimated by those filing the petition. If, at the time a | ||
petition is filed with a city for creation of a district, the | ||
district proposes to connect to a city's water or sewer system or | ||
proposes to contract with a regional water and wastewater provider | ||
which has been designated as such by the commission as of the date | ||
such petition is filed, to which the city has made a capital | ||
contribution for the water and wastewater facilities serving the | ||
area, the proposed district shall be designated as a "city service | ||
district." If such proposed district does not meet the criteria for | ||
a city service district at the time the petition seeking creation is | ||
filed, such district shall be designated as a "noncity service | ||
district." The city's consent shall not place any restrictions or | ||
conditions on the creation of a noncity service district as defined | ||
by Chapter 54 of the Texas Water Code other than those expressly | ||
provided in Subsection (e) of this section and shall specifically | ||
not limit the amounts of the district's bonds. A city may not | ||
require annexation as a consent to creation of any district. A city | ||
shall not refuse to approve a district bond issue for any reason | ||
except that the district is not in compliance with valid consent | ||
requirements applicable to the district. If a city grants its | ||
written consent without the concurrence of the applicant to the | ||
creation of a noncity service district containing conditions or | ||
restrictions that the petitioning land owner or owners reasonably | ||
believe exceed the city's powers, such land owner or owners may | ||
petition the commission to create the district and to modify the | ||
conditions and restrictions of the city's consent. The commission | ||
may declare any provision of the consent to be null and void. | ||
SECTION 7. 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, 2017. |