1-1                                   AN ACT
 1-2     relating to the authority of a county to establish public
 1-3     improvement districts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. The heading to Chapter 372, Local Government Code,
 1-6     is amended to read as follows:
 1-7          CHAPTER 372.  IMPROVEMENT DISTRICTS IN MUNICIPALITIES AND
 1-8                                  COUNTIES
 1-9           SECTION 2. Section 372.002, Local Government Code, is amended
1-10     to read as follows:
1-11           Sec. 372.002.  EXERCISE OF POWERS. Powers granted under this
1-12     subchapter may be exercised by a municipality or county in which
1-13     the governing body of the municipality or county initiates or
1-14     receives a petition requesting the establishment of a public
1-15     improvement district.  A petition must comply with the requirements
1-16     of Section 372.005.
1-17           SECTION 3. Section 372.003, Local Government Code, is amended
1-18     by amending Subsection (a) and adding Subsection (d) to read as
1-19     follows:
1-20           (a)  If the governing body of a municipality or county finds
1-21     that it promotes the interests of the municipality or county, the
1-22     governing body may undertake an improvement project that confers a
1-23     special benefit on a definable part of the municipality or county
1-24     or the municipality's extraterritorial jurisdiction.  A project may
 2-1     be undertaken in the municipality or county or the municipality's
 2-2     extraterritorial jurisdiction.
 2-3           (d)  A county may establish a public improvement district
 2-4     unless within 30 days of a county's action to approve such a
 2-5     district, a home rule municipality objects to its establishment
 2-6     within the municipality's corporate limits or extraterritorial
 2-7     jurisdiction.
 2-8           SECTION 4. Section 372.005(a), Local Government Code, is
 2-9     amended to read as follows:
2-10           (a)  A petition for the establishment of a public improvement
2-11     district must state:
2-12                 (1)  the general nature of the proposed improvement;
2-13                 (2)  the estimated cost of the improvement;
2-14                 (3)  the boundaries of the proposed assessment
2-15     district;
2-16                 (4)  the proposed method of assessment, which may
2-17     specify included or excluded classes of assessable property;
2-18                 (5)  the proposed apportionment of cost between the
2-19     public improvement district and the municipality or county as a
2-20     whole;
2-21                 (6)  whether the management of the district is to be by
2-22     the municipality or county, the private sector, or a partnership
2-23     between the municipality or county and the private sector;
2-24                 (7)  that the persons signing the petition request or
2-25     concur with the establishment of the district; and
2-26                 (8)  that an advisory body may be established to
2-27     develop and recommend an improvement plan to the governing body of
 3-1     the municipality or county.
 3-2           SECTION 5. Section 372.006, Local Government Code, is amended
 3-3     to read as follows:
 3-4           Sec. 372.006.  FINDINGS. If a petition that complies with
 3-5     this subchapter is filed, the governing body of the municipality or
 3-6     county may make findings by resolution as to the advisability of
 3-7     the proposed improvement, its estimated cost, the method of
 3-8     assessment, and the apportionment of cost between the proposed
 3-9     improvement district and the municipality or county as a whole.
3-10           SECTION 6. Section 372.007(a), Local Government Code, is
3-11     amended to read as follows:
3-12           (a)  Before holding the hearing required by Section 372.009,
3-13     the governing body of the municipality may use the services of
3-14     municipal employees, the governing body of the county may use the
3-15     services of county employees, or the governing body of the
3-16     municipality or county may employ consultants to prepare a report
3-17     to determine whether an improvement should be made as proposed by
3-18     petition or otherwise or whether the improvement should be made in
3-19     combination with other improvements authorized under this
3-20     subchapter.  The governing body may also require that a preliminary
3-21     estimate of the cost of the improvement or combination of
3-22     improvements be made.
3-23           SECTION 7. Section 372.008(a), Local Government Code, is
3-24     amended to read as follows:
3-25           (a)  After receiving a petition that complies with Section
3-26     372.005, the governing body of the municipality or county may
3-27     appoint an advisory body with the responsibility of developing and
 4-1     recommending an improvement plan to the governing body.
 4-2           SECTION 8. Sections 372.009(a)-(c), Local Government Code,
 4-3     are amended to read as follows:
 4-4           (a)  A public improvement district may be established and
 4-5     improvements provided by the district may be financed under this
 4-6     subchapter only after the governing body of the municipality or
 4-7     county holds a public hearing on the advisability of the
 4-8     improvement.
 4-9           (b)  The hearing may be adjourned from time to time until the
4-10     governing body makes findings by resolution as to:
4-11                 (1)  the advisability of the improvement;
4-12                 (2)  the nature of the improvement;
4-13                 (3)  the estimated cost of the improvement;
4-14                 (4)  the boundaries of the public improvement district;
4-15                 (5)  the method of assessment; and
4-16                 (6)  the apportionment of costs between the district
4-17     and the municipality or county as a whole.
4-18           (c)  Notice of the hearing must be given in a newspaper of
4-19     general circulation in the municipality or county.  If any part of
4-20     the improvement district is to be located in the municipality's
4-21     extraterritorial jurisdiction or if any part of the improvements is
4-22     to be undertaken in the municipality's extraterritorial
4-23     jurisdiction, the notice must also be given in a newspaper of
4-24     general circulation in the part of the extraterritorial
4-25     jurisdiction in which the district is to be located or in which the
4-26     improvements are to be undertaken. The final publication of notice
4-27     must be made before the 15th day before the date of the hearing.
 5-1     The notice must state:
 5-2                 (1)  the time and place of the hearing;
 5-3                 (2)  the general nature of the proposed improvement;
 5-4                 (3)  the estimated cost of the improvement;
 5-5                 (4)  the boundaries of the proposed assessment
 5-6     district;
 5-7                 (5)  the proposed method of assessment; and
 5-8                 (6)  the proposed apportionment of cost between the
 5-9     improvement district and the municipality or county as a whole.
5-10           SECTION 9. Section 372.010, Local Government Code, is amended
5-11     to read as follows:
5-12           Sec. 372.010.  IMPROVEMENT ORDER. (a)  During the six-month
5-13     period after the date of the final adjournment of the hearing under
5-14     Section 372.009, the governing body of the municipality or county
5-15     may authorize an improvement district if, by majority vote of all
5-16     members of the governing body, the members adopt a resolution
5-17     authorizing the district in accordance with its finding as to the
5-18     advisability of the improvement.
5-19           (b)  An authorization takes effect when it has been published
5-20     one time in a newspaper of general circulation in the municipality
5-21     or county.  If any part of the improvement district is located in
5-22     the municipality's extraterritorial jurisdiction or if any part of
5-23     the improvements is to be undertaken in the municipality's
5-24     extraterritorial jurisdiction, the authorization does not take
5-25     effect until the notice is also given one time in a newspaper of
5-26     general circulation in the part of the extraterritorial
5-27     jurisdiction in which the district is located or in which the
 6-1     improvements are to be undertaken.
 6-2           (c)  Actual construction of an improvement may not begin
 6-3     until after the 20th day after the date the authorization takes
 6-4     effect and may not begin if during that 20-day period written
 6-5     protests signed by at least two-thirds of the owners of record of
 6-6     property within the improvement district or by the owners of record
 6-7     of property comprising at least two-thirds of the total area of the
 6-8     district are filed with the municipal or county secretary or other
 6-9     officer performing the duties of the municipal or county secretary.
6-10     A person whose name appears on a protest may withdraw the name from
6-11     the protest at any time before the governing body of the
6-12     municipality or county convenes to determine the sufficiency of the
6-13     protest.
6-14           SECTION 10. Section 372.012, Local Government Code, is
6-15     amended to read as follows:
6-16           Sec. 372.012.  AREA OF DISTRICT. The area of a public
6-17     improvement district to be assessed according to the findings of
6-18     the governing body of the municipality or county may be less than
6-19     the area described in the proposed boundaries stated by the notice
6-20     under Section 372.009.  The area to be assessed may not include
6-21     property not described by the notice as being within the proposed
6-22     boundaries of the district unless a hearing is held to include the
6-23     property and notice for the hearing is given in the same manner as
6-24     notice under Section 372.009.
6-25           SECTION 11. Section 372.013(a), Local Government Code, is
6-26     amended to read as follows:
6-27           (a)  The advisory body shall prepare an ongoing service plan
 7-1     and present the plan to the governing body of the municipality or
 7-2     county for review and approval.  The governing body may assign
 7-3     responsibility for the plan to another entity in the absence of an
 7-4     advisory body.
 7-5           SECTION 12. Sections 372.014(a) and (b), Local Government
 7-6     Code, are amended to read as follows:
 7-7           (a)  An [assessment plan must provide that at least 10
 7-8     percent of the cost of an improvement be paid by special
 7-9     assessments against property in the improvement district.  The]
7-10     assessment plan must be included in the annual service plan.
7-11           (b)  The municipality or county is responsible for payment of
7-12     assessments against exempt municipal or county property in the
7-13     district.  Payment of assessments by other exempt jurisdictions
7-14     must be established by contract.  An assessment paid by the
7-15     municipality or county under this subsection is considered to have
7-16     been paid by special assessment for the purposes of Subsection (a).
7-17           SECTION 13. Sections 372.015(a) and (c), Local Government
7-18     Code, are amended to read as follows:
7-19           (a)  The governing body of the municipality or county shall
7-20     apportion the cost of an improvement to be assessed against
7-21     property in an improvement district.  The apportionment shall be
7-22     made on the basis of special benefits accruing to the property
7-23     because of the improvement.
7-24           (c)  The governing body may establish by ordinance or order:
7-25                 (1)  reasonable classifications and formulas for the
7-26     apportionment of the cost between the municipality or county and
7-27     the area to be assessed; and
 8-1                 (2)  the methods of assessing the special benefits for
 8-2     various classes of improvements.
 8-3           SECTION 14. Sections 372.016(a) and (b), Local Government
 8-4     Code, are amended to read as follows:
 8-5           (a)  After the total cost of an improvement is determined,
 8-6     the governing body of the municipality or county shall prepare a
 8-7     proposed assessment roll.  The roll must state the assessment
 8-8     against each parcel of land in the district, as determined by the
 8-9     method of assessment chosen by the municipality or county under
8-10     this subchapter.
8-11           (b)  The governing body shall file the proposed assessment
8-12     roll with the municipal secretary or other officer performing the
8-13     functions of the municipal secretary or in a district formed by a
8-14     county, the county tax assessor-collector.  The proposed assessment
8-15     roll is subject to public inspection.  The governing body shall
8-16     require the municipal secretary or other officer or county tax
8-17     assessor-collector to publish notice of the governing body's
8-18     intention to consider the proposed assessments at a public hearing.
8-19     The notice must be published in a newspaper of general circulation
8-20     in the municipality or county before the 10th day before the date
8-21     of the hearing.  If any part of the improvement district is located
8-22     in the municipality's extraterritorial jurisdiction or if any part
8-23     of the improvements is to be undertaken in the municipality's
8-24     extraterritorial jurisdiction, the notice must also be published,
8-25     before the 10th day before the date of the hearing, in a newspaper
8-26     of general circulation in the part of the extraterritorial
8-27     jurisdiction in which the district is located or in which the
 9-1     improvements are to be undertaken.  The notice must state:
 9-2                 (1)  the date, time, and place of the hearing;
 9-3                 (2)  the general nature of the improvement;
 9-4                 (3)  the cost of the improvement;
 9-5                 (4)  the boundaries of the assessment district; and
 9-6                 (5)  that written or oral objections will be considered
 9-7     at the hearing.
 9-8           SECTION 15. Section 372.017, Local Government Code, is
 9-9     amended to read as follows:
9-10           Sec. 372.017.  LEVY OF ASSESSMENT. (a)  At or on the
9-11     adjournment of the hearing referred to by Section 372.016 on
9-12     proposed assessments, the governing body of the municipality or
9-13     county must hear and pass on any objection to a proposed
9-14     assessment.  The governing body may amend a proposed assessment on
9-15     any parcel.
9-16           (b)  After all objections have been heard and the governing
9-17     body has passed on the objections, the governing body by ordinance
9-18     or order shall levy the assessment as a special assessment on the
9-19     property.  The governing body by ordinance or order shall specify
9-20     the method of payment of the assessment.  The governing body may
9-21     provide that assessments be paid in periodic installments.  The
9-22     installments must be in amounts necessary to meet annual costs for
9-23     improvements and must continue for a period necessary to retire the
9-24     indebtedness on the improvements.
9-25           SECTION 16. Section 372.018, Local Government Code, is
9-26     amended to read as follows:
9-27           Sec. 372.018.  INTEREST ON ASSESSMENT; LIEN. (a)  An
 10-1    assessment bears interest at the rate specified by the governing
 10-2    body of the municipality or county, but may not exceed a rate that
 10-3    is one-half of one percent higher than the actual interest rate
 10-4    paid on the public debt used to finance the improvement.  Interest
 10-5    on the assessment between the effective date of the ordinance or
 10-6    order levying the assessment and the date the first installment is
 10-7    payable shall be added to the first installment. The interest on
 10-8    any delinquent installment shall be added to each subsequent
 10-9    installment until all delinquent installments are paid.
10-10          (b)  An assessment or reassessment, with interest, the
10-11    expense of collection, and reasonable attorney's fees, if incurred,
10-12    is a first and prior lien against the property assessed, superior
10-13    to all other liens and claims except liens or claims for state,
10-14    county, school district, or municipality ad valorem taxes, and is a
10-15    personal liability of and charge against the owners of the property
10-16    regardless of whether the owners are named.  The lien is effective
10-17    from the date of the ordinance or order levying the assessment
10-18    until the assessment is paid and may be enforced by the governing
10-19    body in the same manner that an ad valorem tax lien against real
10-20    property may be enforced by the governing body.  Delinquent
10-21    installments of the assessment shall incur interest, penalties, and
10-22    attorney's fees in the same manner as delinquent ad valorem taxes.
10-23    The owner of assessed property may pay at any time the entire
10-24    assessment, with interest that has accrued on the assessment, on
10-25    any lot or parcel.
10-26          SECTION 17. Section 372.019, Local Government Code, is
10-27    amended to read as follows:
 11-1          Sec. 372.019.  SUPPLEMENTAL ASSESSMENTS. After notice and a
 11-2    hearing, the governing body of the municipality or county may make
 11-3    supplemental assessments to correct omissions or mistakes in the
 11-4    assessment relating to the total cost of the improvement.  Notice
 11-5    must be given and the hearing held under this section in the same
 11-6    manner as required by Sections 372.016 and 372.017.
 11-7          SECTION 18. Section 372.020, Local Government Code, is
 11-8    amended to read as follows:
 11-9          Sec. 372.020.  REASSESSMENT. The governing body of the
11-10    municipality or county may make a reassessment or new assessment of
11-11    a parcel of land if:
11-12                (1)  a court of competent jurisdiction sets aside an
11-13    assessment against the parcel;
11-14                (2)  the governing body determines that the original
11-15    assessment is excessive; or
11-16                (3)  on the written advice of counsel, the governing
11-17    body determines that the original assessment is invalid.
11-18          SECTION 19. Section 372.021, Local Government Code, is
11-19    amended to read as follows:
11-20          Sec. 372.021.  SPECIAL IMPROVEMENT DISTRICT FUND. (a)  A
11-21    municipality or county that intends to create a public improvement
11-22    district may by ordinance or order establish a special improvement
11-23    district fund in the municipal or county treasury.
11-24          (b)  The municipality or county annually may levy a tax to
11-25    support the fund.
11-26          (c)  The fund may be used to:
11-27                (1)  pay the costs of planning, administration, and an
 12-1    improvement authorized by this subchapter;
 12-2                (2)  prepare preliminary plans, studies, and
 12-3    engineering reports to determine the feasibility of an improvement;
 12-4    and
 12-5                (3)  if ordered by the governing body of the
 12-6    municipality or county, pay the initial cost of the improvement
 12-7    until temporary notes, time warrants, or improvement bonds have
 12-8    been issued and sold.
 12-9          (d)  The fund is not required to be budgeted for expenditure
12-10    during any year, but the amount of the fund must be stated in the
12-11    municipality's or county's annual budget.  The amount of the fund
12-12    must be based on an annual service plan that describes the public
12-13    improvements for the fiscal year.
12-14          (e)  A grant-in-aid or contribution made to the municipality
12-15    or county for the planning and preparation of plans for an
12-16    improvement authorized under this subchapter may be credited to the
12-17    special improvement district fund.
12-18          SECTION 20. Section 372.022, Local Government Code, is
12-19    amended to read as follows:
12-20          Sec. 372.022.  SEPARATE FUNDS. A separate public improvement
12-21    district fund shall be created in the municipal or county treasury
12-22    for each district.  Proceeds from the sale of bonds, temporary
12-23    notes, and time warrants, and other sums appropriated to the fund
12-24    by the governing body of the municipality or county shall be
12-25    credited to the fund.  The fund may be used solely to pay costs
12-26    incurred in making an improvement.  When an improvement is
12-27    completed, the balance of the part of the assessment that is for
 13-1    improvements shall be transferred to the fund established for the
 13-2    retirement of bonds.
 13-3          SECTION 21. Sections 372.023(b), (d), and (e), Local
 13-4    Government Code, are amended to read as follows:
 13-5          (b)  A cost payable by the municipality or county as a whole
 13-6    may be paid from general funds available for the purpose or other
 13-7    available general funds.
 13-8          (d)  A cost payable from a special assessment that is to be
 13-9    paid in installments and a cost payable by the municipality or
13-10    county as a whole but not payable from available general funds or
13-11    other available general improvement funds shall be paid by the
13-12    issuance and sale of revenue or general obligation bonds.
13-13          (e)  While an improvement is in progress, the governing body
13-14    of the municipality or county may issue temporary notes or time
13-15    warrants to pay for the costs of the improvement and, on completion
13-16    of the improvement, issue revenue or general obligation bonds.
13-17          SECTION 22. Section 372.025, Local Government Code, is
13-18    amended to read as follows:
13-19          Sec. 372.025.  TERMS AND CONDITIONS OF BONDS. (a)  Revenue
13-20    bonds may be issued to mature serially or in any other manner but
13-21    must mature not later than 40 years after their date.  A provision
13-22    may be made for the subsequent issuance of additional parity bonds
13-23    or subordinate lien bonds under terms and conditions specified in
13-24    the ordinance or order authorizing the issuance of the bonds.
13-25          (b)  The bonds shall be executed and the bonds and interest
13-26    coupons appertaining to them are negotiable instruments within the
13-27    meaning and for all purposes of the Uniform Commercial Code
 14-1    (Section 1.101 et seq., Business & Commerce Code).  The ordinance
 14-2    or order authorizing the issuance of the bonds must specify:
 14-3                (1)  whether the bonds are issued registrable as to
 14-4    principal alone or as to both principal and interest;
 14-5                (2)  whether the bonds are redeemable before maturity;
 14-6                (3)  the form, denomination, and manner of issuance;
 14-7                (4)  the terms, conditions, and other details applying
 14-8    to the bonds including the price, terms, and interest rates on the
 14-9    bonds; and
14-10                (5)  the manner of sale of the bonds.
14-11          (c)  The ordinance or order authorizing the issuance of the
14-12    bonds may specify that the proceeds from the sale of the bonds:
14-13                (1)  be used to pay interest on the bonds during and
14-14    after the period of acquisition or construction of an improvement
14-15    financed through the sale of the bonds;
14-16                (2)  be used for creating a reserve fund for payment of
14-17    the principal of and interest on the bonds and for creating other
14-18    funds; and
14-19                (3)  may be placed in time deposit or invested, until
14-20    needed.
14-21          SECTION 23. Sections 372.026(a), (b), and (c), Local
14-22    Government Code, are amended to read as follows:
14-23          (a)  For the payment of bonds issued under this subchapter
14-24    and the payment of principal, interest, and any other amounts
14-25    required or permitted in connection with the bonds, the governing
14-26    body of the municipality or county may pledge all or part of the
14-27    income from improvements financed under this subchapter, including
 15-1    income received in installment payments under Section 372.023.
 15-2          (b)  Pledged income must be fixed and collected in amounts
 15-3    sufficient, with other pledged resources, to pay principal,
 15-4    interest, and other expenses related to the bonds, and to the
 15-5    extent required by the ordinance or order authorizing the bonds, to
 15-6    pay for the operation, maintenance, and other expenses related to
 15-7    improvements authorized by this subchapter.
 15-8          (c)  The bonds may also be secured by mortgages or deeds of
 15-9    trust on any real property related to the facilities authorized
15-10    under this subchapter that are owned or are to be acquired by the
15-11    municipality or county and by chattel mortgages, liens, or security
15-12    interests on any personal property appurtenant to that real
15-13    property.  The governing body may authorize the execution of trust
15-14    indentures, mortgages, deeds of trust, or other forms of
15-15    encumbrances as evidence of the indebtedness.
15-16          SECTION 24. Sections 372.027(a) and (b), Local Government
15-17    Code, are amended to read as follows:
15-18          (a)  Revenue bonds issued under this subchapter may be
15-19    refunded or refinanced by the issuance of refunding bonds, under
15-20    terms or conditions set forth in ordinances or orders of the
15-21    municipality or county issuing the bonds.  The provisions of this
15-22    subchapter applying generally to revenue bonds, including
15-23    provisions related to the issuance of those bonds, apply to
15-24    refunding bonds authorized by this section.  The refunding bonds
15-25    may be sold and delivered in amounts necessary for the principal,
15-26    interest, and any redemption premium of the bonds to be refunded,
15-27    on the date of the maturity of the bond or any redemption date of
 16-1    the bond.
 16-2          (b)  Refunding bonds may be issued for exchange with the
 16-3    bonds they are refunding.  The comptroller of public accounts shall
 16-4    register refunding bonds described by this subsection and deliver
 16-5    the bonds to holders of bonds being refunded in accordance with the
 16-6    ordinance or order authorizing the issuance of refunding bonds. The
 16-7    exchange may be made in one delivery or several installment
 16-8    deliveries.
 16-9          SECTION 25. This Act takes effect immediately if it receives
16-10    a vote of two-thirds of all the members elected to each house, as
16-11    provided by Section 39, Article III, Texas Constitution.  If this
16-12    Act does not receive the vote necessary for immediate effect, this
16-13    Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 3172 was passed by the House on April
         20, 2001, by the following vote:  Yeas 142, Nays 0, 2 present, not
         voting; and that the House concurred in Senate amendments to H.B.
         No. 3172 on May 25, 2001, by the following vote:  Yeas 112, Nays 0,
         2 present, not voting; and that the House adopted H.C.R. No. 324
         authorizing certain corrections in H.B. No. 3172 on May 28, 2001,
         by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 3172 was passed by the Senate, with
         amendments, on May 22, 2001, by the following vote:  Yeas 30, Nays
         0, 1 present, not voting; and that the Senate adopted H.C.R. No.
         324 authorizing certain corrections in H.B. No. 3172 on May 28,
         2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor