Bill Text: TX HB2262 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to municipal fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-04 - Committee report sent to Calendars [HB2262 Detail]
Download: Texas-2011-HB2262-Comm_Sub.html
By: Dutton | H.B. No. 2262 | ||
Substitute the following for H.B. No. 2262: | |||
By: Simpson | C.S.H.B. No. 2262 |
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relating to municipal fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter Z, Chapter 214, Local Government | ||
Code, is amended by adding Section 214.907 to read as follows: | ||
Sec. 214.907. REAUTHORIZATION OF BUILDING PERMIT FEES. (a) | ||
In this section, "building permit fee" means a fee charged by a | ||
municipality as a condition to constructing, renovating, or | ||
remodeling a structure. | ||
(b) A building permit fee is abolished on the 10th | ||
anniversary after the date the fee is adopted or most recently | ||
reauthorized under this section unless the governing body of the | ||
municipality that adopted or reauthorized the fee: | ||
(1) holds a public hearing on the reauthorization of | ||
the fee; and | ||
(2) reauthorizes the fee by vote of the governing | ||
body. | ||
SECTION 2. Subsection (e), Section 552.053, Local | ||
Government Code, as added by Chapters 278 (S.B. 874) and 539 (S.B. | ||
1522), Acts of the 81st Legislature, Regular Session, 2009, is | ||
reenacted and amended to read as follows: | ||
(e) The following property is exempt from drainage charges | ||
under Section 552.047 and all ordinances, resolutions, and rules | ||
adopted under this subchapter: | ||
(1) property owned by a county in which a municipality | ||
described by Section 552.044(8)(A) is located; | ||
(2) property owned by a school district located wholly | ||
or partly in a municipality described by Section 552.044(8)(A); and | ||
(3) property located in a municipality with a | ||
population of 1.9 million or more that is owned by: | ||
(A) a church, synagogue, or other organization or | ||
association organized primarily for religious purposes; | ||
(B) a nonprofit organization that is exempt from | ||
federal income taxation under Section 501(a), Internal Revenue Code | ||
of 1986, by being certified as an exempt organization under Section | ||
501(c)(3) of that code; or | ||
(C) an entity authorized to impose a tax. | ||
SECTION 3. Section 552.053, Local Government Code, is | ||
amended by adding Subsection (f) to read as follows: | ||
(f) A municipality with a population of 1.9 million or more | ||
may not increase a drainage charge on nonexempt property to | ||
compensate for amounts not collected as a result of providing | ||
exemptions required by this section. | ||
SECTION 4. Section 580.003, Local Government Code, as | ||
redesignated by Chapter 885 (H.B. 2278), Acts of the 80th | ||
Legislature, Regular Session, 2007, and amended by Chapters 1356 | ||
(H.B. 462) and 1430 (S.B. 3), Acts of the 80th Legislature, Regular | ||
Session, 2007, is reenacted and amended to read as follows: | ||
Sec. 580.003. EXEMPTIONS OF CERTAIN PROPERTY FROM | ||
INFRASTRUCTURE FEES. (a) Except as provided by Subsection (b), no | ||
county, municipality, or utility district may collect from a state | ||
agency or a public or private institution of higher education any | ||
fee charged for the development or maintenance of programs or | ||
facilities for the control of excess water or storm water. | ||
(b) A municipality with a population of 25,000 or less and | ||
through which the Bosque River runs may collect from a state agency | ||
or public institution of higher education a fee charged for the | ||
development or maintenance of programs or [ |
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control of excess water or storm water. | ||
(c) A municipality with a population of 1.9 million or more | ||
may not collect any fee charged for the development or maintenance | ||
of programs or facilities for the control of excess water or storm | ||
water from: | ||
(1) a church, synagogue, or other organization or | ||
association organized primarily for religious purposes; | ||
(2) a nonprofit organization that is exempt from | ||
federal income taxation under Section 501(a), Internal Revenue Code | ||
of 1986, by being certified as an exempt organization under Section | ||
501(c)(3) of that code; or | ||
(3) an entity authorized to impose a tax. | ||
(d) A municipality with a population of 1.9 million or more | ||
may not increase a fee on nonexempt property to compensate for | ||
amounts not collected as a result of providing exemptions required | ||
by this section. | ||
SECTION 5. To the extent of any conflict, this Act prevails | ||
over another Act of the 82nd Legislature, Regular Session, 2011, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 6. 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, 2011. |