Bill Text: TX SB2047 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the creation, territory, and operation of municipal management districts and public improvement districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-28 - Referred to Intergovernmental Relations [SB2047 Detail]
Download: Texas-2017-SB2047-Introduced.html
By: Bettencourt | S.B. No. 2047 | |
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relating to the creation, territory, and operation of municipal | ||
management districts and public improvement districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 375.022(c), Local Government Code, is | ||
amended to read as follows: | ||
(c) The petition must: | ||
(1) describe the boundaries of the proposed district: | ||
(A) by metes and bounds; | ||
(B) by verifiable landmarks, including a road, | ||
creek, or railroad line; or | ||
(C) if there is a recorded map or plat and survey | ||
of the area, by lot and block number; | ||
(2) demonstrate that the boundaries of the proposed | ||
district comply with Section 375.045; | ||
(3) state the specific purposes for which the district | ||
will be created; | ||
(4) [ |
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projects, or services proposed to be provided, the necessity for | ||
those services, and the costs as estimated by the persons filing the | ||
petition; | ||
(5) [ |
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generally descriptive of the location of the district, followed by | ||
"Management District" or "Improvement District"; | ||
(6) [ |
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that includes the directors' experience and initial term of | ||
service; and | ||
(7) [ |
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the municipality in support of the creation of the district. | ||
(8) and show that the land to be included in the proposed | ||
district is: unproductive, underdeveloped, or blighted. | ||
(9) The attorney general shall determine, by application of | ||
accepted legal principles, the meaning of "unproductive," | ||
"underdeveloped," and "blighted" for purposes of section (9) and by | ||
rule define those terms. | ||
SECTION 2. Subchapter B, Chapter 375, Local Government | ||
Code, is amended by adding Section 375.0225 to read as follows: | ||
Sec. 375.0225. CREATION OF SIMILAR DISTRICT | ||
PROHIBITED. The commission may not grant a petition to create a | ||
district under this subchapter if, less than 10 years before the | ||
date the commission receives the petition, there was introduced for | ||
consideration by the legislature a bill to authorize by local law | ||
the creation of a substantially similar district. | ||
SECTION 3. Section 375.025(c), Local Government Code, is | ||
amended to read as follows: | ||
(c) If after the hearing the commission finds that the | ||
petition conforms to the requirements of Section 375.022(c), that | ||
the commission is not prohibited from granting the petition by | ||
Section 375.0225, and that the district is feasible and necessary | ||
and would benefit the public, the commission by order shall make | ||
that finding and grant the petition. In determining if the project | ||
is feasible and necessary and would benefit the public, the | ||
commission shall consider: | ||
(1) the availability of comparable services from other | ||
systems, including special districts, municipalities, and regional | ||
authorities; and | ||
(2) the reasonableness of the proposed public purpose | ||
projects and services. | ||
SECTION 4. Subchapter C, Chapter 375, Local Government | ||
Code, is amended by adding Section 375.045 to read as follows: | ||
Sec. 375.045. RESIDENTIAL PROPERTY EXCLUDED IN CERTAIN | ||
DISTRICTS. A district created after September 1, 2017, may not | ||
include single-family detached residential property. | ||
SECTION 5. Section 375.063, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 375.063. QUALIFICATIONS OF DIRECTOR. To be qualified | ||
to serve as a director, a person must be at least 18 years old and: | ||
(1) [ |
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[ |
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(2) [ |
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otherwise, of a corporate owner of property in the district; | ||
(3) [ |
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that owns property in the district; or | ||
(4) [ |
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covered by Subdivision (1), (2), or (3) [ |
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SECTION 6. Sections 375.064(a), (b), and (c), Local | ||
Government Code, are amended to read as follows: | ||
(a) The initial and each succeeding board of directors shall, | ||
and the owners of a majority of the assessed value of property | ||
subject to assessment by the district may, recommend to the | ||
governing body of the municipality persons to serve on the | ||
succeeding board. | ||
(b) After reviewing the recommendations, the governing body | ||
shall approve or disapprove the directors recommended under | ||
Subsection (a) [ |
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(c) If the governing body is not satisfied with the | ||
recommendations submitted under Subsection (a) [ |
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board, on the request of the governing body, shall submit to the | ||
governing body additional recommendations. | ||
SECTION 7. Subchapter E, Chapter 375, Local Government | ||
Code, is amended by adding Section 375.099 to read as follows: | ||
Sec. 375.099. ONLINE PUBLICATION OF FISCAL INFORMATION. A | ||
district that maintains an Internet website shall: | ||
(1) post the district's financial records on the | ||
website; or | ||
(2) provide a link on the website to another Internet | ||
website on which the information is posted. | ||
SECTION 8. Section 375.161, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 375.161. [ |
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[ |
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not impose an impact fee, [ |
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for payment, construction, alteration, or dedication under this | ||
chapter on single-family detached residential property, duplexes, | ||
triplexes, and fourplexes. | ||
(b) Subsection (a) [ |
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authorized or approved by the voters of the district or a required | ||
payment for a service provided by the district, including water and | ||
sewer services. | ||
(c) The board may not impose an assessment on residential | ||
property. | ||
SECTION 9. Section 375.182, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 375.182. PROHIBITED USE OF FUNDS. (a) Funds may not | ||
be spent, an assessment imposed, or a tax levied under this chapter | ||
to finance the opening, reopening, or maintenance of a pass, canal, | ||
or waterway across a barrier island connecting the Gulf of Mexico | ||
with inland waters. | ||
(b) A district may not use the proceeds of a bond to finance | ||
an improvement project or service outside the district. | ||
SECTION 10. Subchapter J, Chapter 375, Local Government | ||
Code, is amended by adding Section 375.2015 to read as follows: | ||
Sec. 375.2015. NOTICE OF PROPOSED BOND. Before a district | ||
may authorize the issuance of a bond, the district must mail written | ||
notice of the proposed bond to: | ||
(1) the governing body of each municipality and county | ||
in which the district is located; | ||
(2) each senator and member of the house of | ||
representatives who represents any part of the territory of the | ||
county in which the district is located; and | ||
(3) each person who owns real property in the district, | ||
according to the most recent certified county property tax rolls. | ||
SECTION 11. Section 375.205, Local Government Code, is | ||
amended by adding Subsection (a-1) to read as follows: | ||
(a-1) Not earlier than the 14th day before and not later than | ||
the seventh day before the date the district submits a bond under | ||
Subsection (a), the district shall send notice describing the | ||
submitted bond to: | ||
(1) the governing body of each municipality and county | ||
in which the district is located; and | ||
(2) each senator and member of the house of | ||
representatives who represents any part of the territory of the | ||
county in which the district is located. | ||
SECTION 12. Section 375.262, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 375.262. DISSOLUTION BY PETITION BY OWNERS. Except as | ||
limited by Section 375.264, the board shall dissolve the district | ||
on written petition filed with the board by the owners of: | ||
(1) 75 percent or more of the assessed value of the | ||
property in the district based on the more recent certified county | ||
property tax rolls; or | ||
(2) 75 percent or more of the surface area of the | ||
district, excluding roads, streets, highways, utility | ||
rights-of-way, other public areas, and other property exempt from | ||
assessment under Sections 375.161 and[ |
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according to the most recent certified county property tax rolls. | ||
SECTION 13. Section 382.052(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) If the population of the district is more than 1,000, to | ||
be eligible to serve as a director, a person must be at least 18 | ||
years old, reside in the district, and be: | ||
(1) an owner of property in the district; | ||
(2) an owner of stock, whether beneficial or otherwise, | ||
of a corporate owner of property in the district; | ||
(3) an owner of a beneficial interest in a trust that | ||
owns property in the district; or | ||
(4) an agent, employee, or tenant of a person covered by | ||
Subdivision (1), (2), or (3) [ |
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SECTION 14. Section 3855.052(b), Special District Local | ||
Laws Code, is amended to read as follows: | ||
(b) Section 375.063(2) [ |
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does not apply to the district. | ||
SECTION 15. Section 375.164, Local Government Code, is | ||
repealed. | ||
SECTION 16. Sections 375.022 and 375.025, Local Government | ||
Code, as amended by this Act, and Section 375.0225, Local | ||
Government Code, as added by this Act, apply only to a petition | ||
requesting the creation of a district submitted to the Texas | ||
Commission on Environmental Quality on or after the effective date | ||
of this Act. A petition submitted before the effective date of | ||
this Act is governed by the law in effect when the petition is | ||
submitted, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 17. The change in law made by this Act to Section | ||
375.063, Local Government Code, does not affect the entitlement of | ||
a member serving on the board of directors of a district to which | ||
that section applies immediately before the effective date of this | ||
Act to continue to carry out the board's functions for the remainder | ||
of the member's term. The change in law applies only to a member | ||
appointed on or after the effective date of this Act. | ||
SECTION 18. The termination of the authority for a district | ||
to impose an assessment on residential property under Section | ||
375.161, Local Government Code, as amended by this Act, does not | ||
impair an obligation created before September 1, 2017, by the | ||
issuance of bonds or other evidence of indebtedness for which | ||
payment was pledged from an assessment imposed as previously | ||
authorized by Chapter 375, Local Government Code. A district from | ||
which payment was pledged as described by this section may continue | ||
to impose the assessment against the property until the bond or | ||
other indebtedness is discharged, but only if the cessation of the | ||
imposition would impair the obligation. | ||
SECTION 19. Section 375.182(b), Local Government Code, as | ||
added by this Act, applies only to the use of the proceeds of a bond | ||
issued on or after the effective date of this Act. The use of | ||
proceeds of a bond issued before that date is governed by the law in | ||
effect on the date the bonds were issued, and that law is continued | ||
in effect for that purpose. | ||
SECTION 20. Sections 375.2015 and 375.205(a-1), Local | ||
Government Code, as added by this Act, apply only to bonds issued on | ||
or after the effective date of this Act. Bonds issued before the | ||
effective date of this Act are governed by the law in effect on the | ||
date the bonds were issued, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 21. Section 375.262, Local Government Code, as | ||
amended by this Act, applies only to a petition filed on or after | ||
the effective date of this Act. A petition filed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the petition was filed, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 22. The changes in law made by this Act may not be | ||
construed to impair an obligation under a contract entered into on | ||
or after the effective date of this Act. A political subdivision | ||
may fulfill the subdivision's obligations under a contract entered | ||
into before that date but may not extend such a contract beyond the | ||
contract's original term. | ||
SECTION 23. This Act takes effect September 1, 2017. |