Bill Text: TX SB849 | 2019-2020 | 86th Legislature | Comm Sub

---

Bill Title: Relating to requirements for new or increased municipal fees.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2019-05-10 - Committee report sent to Calendars [SB849 Detail]

Download: Texas-2019-SB849-Comm_Sub.html

---

By: Fallon, et al. S.B. No. 849
(Parker)

A BILL TO BE ENTITLED
AN ACT
relating to requirements for new or increased municipal fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 102, Local Government Code, is amended
by adding Section 102.0001 to read as follows:
Sec. 102.0001. DEFINITION. In this chapter, "fee" has the
meaning assigned by Section 109.001.
SECTION 2. Section 102.005, Local Government Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) A proposed budget that includes estimated revenue
from a new fee or the increase of an existing fee must contain a
cover page with the following statement in 18-point or larger type:
"This budget includes estimated revenue from the following new or
increased fees: (include a description of each new or increased
fee, the dollar amount of each new fee, and the dollar amount of and
percentage of increase of each increased fee)."
SECTION 3. Section 102.006(c), Local Government Code, is
amended to read as follows:
(c) The governing body shall provide for public notice of
the date, time, and location of the hearing. The notice must
include, in type of a size at least equal to the type used for other
items in the notice, any statement required to be included in the
proposed budget under Section 102.005(b) or (b-1).
SECTION 4. Section 102.0065(d), Local Government Code, is
amended to read as follows:
(d) Notice under this section must include, in type of a
size at least equal to the type used for other items in the notice,
any statement required to be included in the proposed budget under
Section 102.005(b) or (b-1).
SECTION 5. Section 102.007, Local Government Code, is
amended by adding Subsection (c-1) and amending Subsection (d) to
read as follows:
(c-1) Adoption of a budget that includes estimated revenue
from a new fee or the increase of an existing fee requires a
separate vote of the governing body to ratify the use of that
revenue. A vote under this subsection is in addition to and
separate from the vote to adopt the budget or a vote to adopt or
increase the fee.
(d) An adopted budget must contain a cover page that
includes:
(1) one of the following statements in 18-point or
larger type that accurately describes the adopted budget:
(A) "This budget will raise more revenue from
property taxes than last year's budget by an amount of (insert total
dollar amount of increase), which is a (insert percentage increase)
percent increase from last year's budget. The property tax revenue
to be raised from new property added to the tax roll this year is
(insert amount computed by multiplying the proposed tax rate by the
value of new property added to the roll).";
(B) "This budget will raise less revenue from
property taxes than last year's budget by an amount of (insert total
dollar amount of decrease), which is a (insert percentage decrease)
percent decrease from last year's budget. The property tax revenue
to be raised from new property added to the tax roll this year is
(insert amount computed by multiplying the proposed tax rate by the
value of new property added to the roll)."; or
(C) "This budget will raise the same amount of
revenue from property taxes as last year's budget. The property
tax revenue to be raised from new property added to the tax roll
this year is (insert amount computed by multiplying the proposed
tax rate by the value of new property added to the roll).";
(2) if applicable, the following statement in 18-point
or larger type: "This budget includes estimated revenue from the
following new or increased fees: (include a description of each new
or increased fee, the dollar amount of each new fee, and the dollar
amount of and percentage of increase of each increased fee).";
(3) the record vote of each member of the governing
body by name voting on the adoption of the budget;
(4) [(3)] the municipal property tax rates for the
preceding fiscal year, and each municipal property tax rate that
has been adopted or calculated for the current fiscal year,
including:
(A) the property tax rate;
(B) the effective tax rate;
(C) the effective maintenance and operations tax
rate;
(D) the rollback tax rate; and
(E) the debt rate; and
(5) [(4)] the total amount of municipal debt
obligations.
SECTION 6. Section 102.008, Local Government Code, is
amended to read as follows:
Sec. 102.008. APPROVED BUDGET FILED WITH MUNICIPAL
CLERK: POSTING ON INTERNET. (a) On final approval of the budget
by the governing body of the municipality, the governing body
shall:
(1) file the budget with the municipal clerk; and
(2) if the municipality maintains an Internet website,
take action to ensure that:
(A) a copy of the budget, including the cover
page, is posted on the website; and
(B) the record vote described by Section
102.007(d)(3) [102.007(d)(2)] is posted on the website at least
until the first anniversary of the date the budget is adopted.
(b) The governing body shall take action to ensure that the
cover page of the budget is amended to include the property tax
rates required by Section 102.007(d)(4) [102.007(d)(3)] for the
current fiscal year if the rates are not included on the cover page
when the budget is filed with the municipal clerk. The governing
body shall file an amended cover page with the municipal clerk and
take action to ensure that the amended cover page is posted on the
municipality's website.
SECTION 7. Subtitle A, Title 4, Local Government Code, is
amended by adding Chapter 109 to read as follows:
CHAPTER 109. NOTIFICATION OF NEW OR INCREASED MUNICIPAL FEES
Sec. 109.001. DEFINITION. In this chapter, "fee" means any
fee, charge, assessment, or similar payment required by a
municipality for a privilege, service, authorization, permit,
license, registration, certification, filing, or other municipal
action or approval.
Sec. 109.002. E-MAIL NOTIFICATION SERVICE IN CERTAIN
MUNICIPALITIES. (a) This section does not apply to a municipality
with a population of less than 20,000.
(b) Except as provided by Subsection (c), each municipality
shall establish and maintain an e-mail notification service to
which any person may electronically subscribe to receive
information regarding new or increased municipal fees.
(c) A municipality that does not maintain an e-mail
notification service for any purpose on January 1, 2019, may post
the notifications described by Subsection (d)(1) on the Internet
website of the municipality that are accessible from a prominently
displayed link on the home page of that website instead of
establishing an e-mail notification service as prescribed by this
section.
(d) The e-mail notification service must:
(1) allow a subscriber to request notification of
each:
(A) new fee proposed to be adopted by the
municipality;
(B) existing fee proposed to be increased by the
municipality;
(C) proposed budget of the municipality that
includes use of revenue from a fee described by Paragraph (A) or
(B);
(D) adopted budget of the municipality that
includes use of revenue from a fee described by Paragraph (A) or
(B); or
(E) public hearing scheduled to be held at which
a fee or budget described by Paragraphs (A)-(D) is scheduled to be
discussed;
(2) include a link in the notification to any web page
maintained by the municipality on which the fee or budget may be
viewed; and
(3) notify the subscriber by e-mail not later than the
day:
(A) the municipality provides public notice of a
public hearing at which a proposed new or increased fee or a
proposed budget is scheduled to be discussed, for notification of a
public hearing for a proposed fee or budget;
(B) the budget officer files a proposed budget
with the municipal clerk as required by Section 102.005, for
notification of a proposed budget; or
(C) the governing body files an adopted budget
with the municipal clerk as required by Section 102.008, for
notification of an adopted budget.
SECTION 8. Sections 102.005, 102.006, 102.0065, 102.007,
and 102.008, Local Government Code, as amended by this Act, apply
only to a proposed or adopted budget for a fiscal year beginning on
or after January 1, 2020.
SECTION 9. This Act takes effect September 1, 2019.