SRC-SEW H.B. 3172 77(R)BILL ANALYSIS


Senate Research CenterH.B. 3172
By: Thompson (Van de Putte)
Intergovernmental Relations
5/10/2001
Committee Report (Amended)


DIGEST AND PURPOSE 

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

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the heading to Chapter 372, Local Government Code, to
read as follows: 

CHAPTER 372.  IMPROVEMENT DISTRICTS IN MUNICIPALITIES AND COUNTIES

SECTION 2.  Amends Section 372.002, Local Government Code, as follows:
 
Sec. 372.002. Authorizes powers granted under this subchapter to be
exercised by a municipality or county in which the governing body of the
municipality or county initiates or receives a petition requesting the
establishment of a public improvement district.  

SECTION 3.  Amends Section 372.003, Local Government Code, to make
conforming changes and to authorize 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. 

SECTION 4.  Amends Section 372.005(a), Local Government Code, to make
conforming changes.   
 
SECTION 5.  Amends Section 372.006, Local Government Code, to make
conforming changes.   
 
SECTION 6.  Amends Section 372.007(a), Local Government Code, to authorize,
before holding the hearing required by Section 372.009, the governing body
of the municipality to use the services of municipal employees, the
governing body of the county to use the services of county employees, or
the governing body of the municipality or county to employ consultants to
prepare a report to determine whether an improvement should be made as
proposed by petition or otherwise or whether the improvement should be made
in combination with other improvements authorized under this subchapter.  

SECTION 7.  Amends Section 372.008(a), Local Government Code, to make a
conforming change. 

SECTION 8.  Amends Sections 372.009(a)-(c), Local Government Code, to make
conforming changes.   
 
SECTION 9.  Amends Section 372.010, Local Government Code, to make
conforming changes.  

SECTION 10.  Amends Section 372.012, Local Government Code, to make a
conforming change.   

SECTION 11.  Amends Section 372.013(a), Local Government Code, to make a
conforming change. 

SECTION 12.  Amends Section 372.014(a) and (b), Local Government Code, to
require an assessment plan to provide that at least 10 percent of the cost
of an improvement district be paid by special assessments against property
in the improvement district.  Requires the assessment plan to be included
in the annual service plan.  Makes conforming changes.   

SECTION 13.  Amends Sections 372.015(a) and (c), Local Government Code, to
make conforming changes. 

SECTION 14.  Amends Sections 372.016(a) and (b), Local Government Code, as
follows: 
 
  (a)  Makes conforming changes. 
 
(b)  Requires the governing body to file the proposed assessment roll with
the municipal secretary or other officer performing the functions of the
municipal secretary or in a district formed by a county, the county tax
assessor-collector.  Makes conforming changes.   

SECTION 15.  Amends Section 372.017, Local Government Code, to make
conforming changes. Requires the governing body, after all objections have
been heard and the governing body has passed on the objections, by
ordinance or order to levy the assessment as a special assessment on the
property.  

SECTION 16.  Amends Section 372.018, Local Government Code, to make
conforming changes. Requires delinquent installments of the assessment to
incur interest, penalties, and attorneys' fees in the same manner as
delinquent ad valorem taxes. 

SECTION 17.  Amends Section 372.019, Local Government Code, to make a
conforming change. 
  
SECTION 18.  Amends Section 372.020, Local Government Code, to make a
conforming change.   

SECTION 19.  Amends Section 372.021, Local Government Code, to make
conforming changes.   
SECTION 20.  Amends Section 372.022, Local Government Code, to make
conforming changes. 

SECTION 21.  Amends Sections 372.023(b), (d), and (e), Local Government
Code, to make conforming changes. 

SECTION 22.  Amends Section 372.025, Local Government Code, to make a
conforming change.   

SECTION 23.  Amends Sections 372.026(a), (b), and (c), Local Government
Code, to make conforming changes. 

SECTION 24.  Amends Sections 372.027(a) and (b), Local Government Code, to
make conforming changes.   

SECTION 25.  Effective date: upon passage or September 1, 2001.