Bill Text: TX HB1154 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the requirements for meetings held and Internet websites developed by certain special purpose districts.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB1154 Detail]
Download: Texas-2021-HB1154-Enrolled.html
H.B. No. 1154 |
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relating to the requirements for meetings held and Internet | ||
websites developed by certain special purpose districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 403.0241(c), Government Code, is amended | ||
to read as follows: | ||
(c) For each special purpose district described by | ||
Subsection (b), the database must include: | ||
(1) the name of the special purpose district; | ||
(2) the name of each board member of the special | ||
purpose district; | ||
(3) contact information for the main office of the | ||
special purpose district, including the physical address, the | ||
mailing address, and the main telephone number; | ||
(4) if the special purpose district employs a person | ||
as a general manager or executive director, or in another position | ||
to perform duties or functions comparable to those of a general | ||
manager or executive director, the name of the employee; | ||
(5) if the special purpose district contracts with a | ||
utility operator, contact information for a person representing the | ||
utility operator, including a mailing address and a telephone | ||
number; | ||
(6) if the special purpose district contracts with a | ||
tax assessor-collector, contact information for a person | ||
representing the tax assessor-collector, including a mailing | ||
address and telephone number; | ||
(7) the special purpose district's Internet website | ||
address or, if the district does not maintain an Internet website, | ||
the address of any Internet website or websites the district uses to | ||
comply with Section 2051.202 of this code and Section 26.18, Tax | ||
Code [ |
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(8) the financial information described by Section | ||
140.008(b) or (g), Local Government Code, including any revenue | ||
obligations; | ||
(9) the total amount of bonds authorized by the voters | ||
of the special purpose district that are payable wholly or partly | ||
from ad valorem taxes, excluding refunding bonds if refunding bonds | ||
were separately authorized and excluding contract revenue bonds; | ||
(10) the aggregate initial principal amount of all | ||
bonds issued by the special purpose district that are payable | ||
wholly or partly from ad valorem taxes, excluding refunding bonds | ||
and contract revenue bonds; | ||
(11) the rate of any sales and use tax the special | ||
purpose district imposes; | ||
(12) for a special purpose district that imposes an ad | ||
valorem tax: | ||
(A) the ad valorem tax rate for the most recent | ||
tax year if the district is a district as defined by Section 49.001, | ||
Water Code; or | ||
(B) the table of ad valorem tax rates for the most | ||
recent tax year described by Section 26.16, Tax Code, in the form | ||
required by that section, if the district is not a district as | ||
defined by Section 49.001, Water Code; and | ||
(13) a link to the Internet website described by | ||
Section 49.062(g), Water Code, with a plain-language description of | ||
how a resident may petition to require that board meetings of | ||
certain special purpose districts be held not further than 10 miles | ||
from the boundary of the district. | ||
SECTION 2. Section 551.1283, Government Code, is amended by | ||
adding Subsections (d) and (e) to read as follows: | ||
(d) A district that maintains an Internet website shall post | ||
on that website links to any other Internet website or websites the | ||
district uses to comply with Section 2051.202 of this code and | ||
Section 26.18, Tax Code. | ||
(e) Nothing in this chapter shall prohibit a district from | ||
allowing a person to watch or listen to a board meeting by video or | ||
telephone conference call. | ||
SECTION 3. Subchapter E, Chapter 2051, Government Code, as | ||
added by Chapter 1029 (H.B. 305), Acts of the 86th Legislature, | ||
Regular Session, 2019, is redesignated as Subchapter F, Chapter | ||
2051, Government Code, and amended to read as follows: | ||
SUBCHAPTER F [ |
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Sec. 2051.201 [ |
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section applies only to a political subdivision with the authority | ||
to impose a tax that: | ||
(1) at any time on or after January 1, 2019, maintained | ||
a publicly accessible Internet website; and | ||
(2) is not subject to Section 2051.202. | ||
(b) A political subdivision to which this section applies | ||
shall post on a publicly accessible Internet website the following | ||
information: | ||
(1) the political subdivision's contact information, | ||
including a mailing address, telephone number, and e-mail address; | ||
(2) each elected officer of the political subdivision; | ||
(3) the date and location of the next election for | ||
officers of the political subdivision; | ||
(4) the requirements and deadline for filing for | ||
candidacy of each elected office of the political subdivision, | ||
which shall be continuously posted for at least one year before the | ||
election day for the office; | ||
(5) each notice of a meeting of the political | ||
subdivision's governing body under Subchapter C, Chapter 551; and | ||
(6) each record of a meeting of the political | ||
subdivision's governing body under Section 551.021. | ||
(c) [ |
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to: | ||
(1) a county with a population of less than 10,000; | ||
(2) a municipality with a population of less than | ||
5,000 located in a county with a population of less than 25,000; or | ||
(3) a school district with a population of less than | ||
5,000 in the district's boundaries and located in a county with a | ||
population of less than 25,000. | ||
Sec. 2051.202. FINANCIAL AND OPERATING INFORMATION OF | ||
SPECIAL PURPOSE DISTRICTS. (a) In this section, "special purpose | ||
district" means a political subdivision of this state with | ||
geographic boundaries that define the subdivision's territorial | ||
jurisdiction. The term does not include a municipality, county, | ||
junior college district, independent school district, groundwater | ||
conservation district, river authority, or political subdivision | ||
with statewide jurisdiction. | ||
(b) This section applies only to a special purpose district | ||
that: | ||
(1) is authorized by the state by a general or special | ||
law to impose an ad valorem tax; | ||
(2) during the most recent fiscal year imposed an ad | ||
valorem tax; | ||
(3) during the most recent fiscal year: | ||
(A) had bonds outstanding; | ||
(B) had gross receipts from operations, loans, | ||
taxes, or contributions in excess of $250,000; or | ||
(C) had cash and temporary investments in excess | ||
of $250,000; and | ||
(4) at the beginning of the most recent fiscal year, | ||
had a population of 500 or more, as determined by the governing body | ||
of the special purpose district. | ||
(c) Notwithstanding Subsections (a) and (b), this section | ||
applies to a district created and operating under Chapter 387, | ||
Local Government Code. | ||
(d) A special purpose district shall post or cause to be | ||
posted on an Internet website the following information, if | ||
applicable: | ||
(1) the name of the special purpose district; | ||
(2) the name and term of office of each member of the | ||
governing body of the special purpose district; | ||
(3) the contact information for the main office of the | ||
special purpose district, including the physical address, the | ||
mailing address, and the telephone number; | ||
(4) the official contact information for each member | ||
of the governing body of the special purpose district; | ||
(5) if the special purpose district employs a person | ||
as a general manager or executive director, or in another position | ||
to perform duties or functions comparable to those of a general | ||
manager or executive director, the name of the general manager, | ||
executive director, or person that performs those duties; | ||
(6) if the special purpose district contracts with a | ||
utility operator, the contact information for a person representing | ||
the utility operator, including a mailing address and telephone | ||
number; | ||
(7) if the special purpose district contracts with a | ||
tax assessor-collector, the contact information for a person | ||
representing the tax assessor-collector, including a mailing | ||
address and telephone number; | ||
(8) if the special purpose district imposes an ad | ||
valorem tax, the rate of the ad valorem tax of the special purpose | ||
district; | ||
(9) if the special purpose district imposes a sales | ||
and use tax, the rate of the sales and use tax of the special purpose | ||
district; | ||
(10) any notice of tax hearing required to be given | ||
under Chapter 26, Tax Code, or Section 49.236, Water Code; | ||
(11) the location and schedule of meetings of the | ||
governing body of the special purpose district; | ||
(12) a statement substantially similar to the | ||
following: “Residents of the district have the right to request the | ||
designation of a meeting location within the district under Section | ||
49.062(g), Water Code. A description of this process can be found at | ||
(insert link to the Internet website described by Section | ||
49.062(g), Water Code).”; | ||
(13) each notice of a meeting of the governing body of | ||
the special purpose district under Subchapter C, Chapter 551, for | ||
meetings conducted in the current calendar year and the immediately | ||
preceding calendar year; | ||
(14) the minutes of a public meeting of the governing | ||
body of the special purpose district under Section 551.021 for | ||
meetings conducted in the current calendar year and the immediately | ||
preceding calendar year; and | ||
(15) the most recent financial audit of the special | ||
purpose district. | ||
SECTION 4. Section 49.062, Water Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-1) to read as | ||
follows: | ||
(b) Except as provided by Subsection (b-1), the [ |
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shall designate one or more places inside or outside the district | ||
for conducting the meetings of the board. The meeting place may be a | ||
private residence or office, provided that the board, in its order | ||
establishing the meeting place, declares the same to be a public | ||
place and invites the public to attend any meeting of the board. If | ||
the board establishes a meeting place or places outside the | ||
district, it shall give notice of the location or locations by | ||
filing a true copy of the resolution establishing the location or | ||
locations of the meeting place or places and a justification of why | ||
the meeting will not be held in the district or within 10 miles of | ||
the boundary of the district, if applicable, with the commission | ||
and also by publishing notice of the location or locations in a | ||
newspaper of general circulation in the district. If the location | ||
of any of the meeting places outside the district is changed, notice | ||
of the change shall be given in the same manner. | ||
(b-1) In this subsection, "rural area district" means a | ||
district in which more than half of the district's projected retail | ||
water or sewer connections are active and that is not wholly or | ||
partly located in a county that as of the 2010 Census had a | ||
population of 800,000 or more or bordered a county with a population | ||
of 800,000 or more. If the board of a rural area district conducts | ||
meetings at least quarterly, the board shall conduct a meeting at a | ||
designated meeting location inside the district or within 10 miles | ||
of the boundary of the district at least once per quarter. If the | ||
board determines that it is not practical to meet within 10 miles of | ||
the boundary of the district, the district may conduct the | ||
quarterly meeting at another designated meeting place in the county | ||
in which the district is located. | ||
SECTION 5. Section 49.0631, Water Code, is amended to read | ||
as follows: | ||
Sec. 49.0631. DISTRICT [ |
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A district providing potable water or sewer service shall as a part | ||
of the district's billing process include on a district's bill to a | ||
customer the following statement: "For more information about the | ||
district, including information about the district's board and | ||
board meetings, please go to the Comptroller's Special Purpose | ||
District Public Information Database or (district's Internet | ||
website if the district maintains an Internet website, or, if the | ||
district does not maintain an Internet website, the Internet | ||
website or websites the district uses to comply with Section | ||
2051.202, Government Code, and Section 26.18, Tax Code)." The | ||
statement may be altered to provide the current Internet website | ||
address of [ |
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Government Code, [ |
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websites the district uses to comply with Section 2051.202, | ||
Government Code, and Section 26.18, Tax Code. | ||
SECTION 6. Sections 2051.202(d)(13) and (14), Government | ||
Code, as added by this Act, apply only to a meeting held by a special | ||
purpose district on or after the effective date of this Act. | ||
SECTION 7. To the extent of any conflict, this Act prevails | ||
over another Act of the 87th Legislature, Regular Session, 2021, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 8. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1154 was passed by the House on April | ||
23, 2021, by the following vote: Yeas 145, Nays 1, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1154 on May 28, 2021, by the following vote: Yeas 148, Nays 0, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1154 was passed by the Senate, with | ||
amendments, on May 26, 2021, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |