HBA-CMT H.B. 3172 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3172
By: Thompson
County Affairs
7/26/2001
Enrolled



BACKGROUND AND PURPOSE 

Currently, municipalities have the statutory authority to create public
improvement districts that make assessments for roads, drainage, and
improvements.  Many counties were experiencing high growth in
unincorporated areas where residents could benefit from public improvement
districts.  House Bill 3172 gives counties the authority to create public
improvement districts in the same manner as municipalities.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3172 amends the Local Government Code to authorize a county to
create improvement districts in the same manner as municipalities.
Existing law governing public improvement districts in municipalities now
also governs public improvement districts in counties.  The bill authorizes
a county to establish a public improvement district unless within 30 days
of a county's action to approve such a district, a home rule municipality
objects to its establishment within the municipality's corporate limits or
extraterritorial jurisdiction.  The bill sets forth that an assessment plan
must be included in the annual service plan of the improvement district.
The bill requires that delinquent installments of the property assessments
on property in the improvement district incur interest, penalties, and
attorney's fees in the same manner as delinquent ad valorem taxes.  

EFFECTIVE DATE

June 16, 2001.