78R102 SMH-D

By:  Wilson                                                       H.B. No. 485



A BILL TO BE ENTITLED

AN ACT

relating to the exemption of residential property from ad valorem 
taxes, assessments, and impact fees imposed by the Midtown 
Management District.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 376.363(c), Local Government Code, is 
amended to read as follows:
	(c)  Except as provided by Section 376.371, the [The] 
district may impose an ad valorem tax, assessment, or impact fee in 
accordance with Chapter 375 on all property in the district[, 
including industrial, commercial, or residential property,] to 
finance an improvement this subchapter authorizes the district to 
construct or acquire or a service this subchapter authorizes the 
district to provide.
	SECTION 2.  Section 376.371, Local Government Code, is 
amended to read as follows:
	Sec. 376.371.  [CERTAIN] RESIDENTIAL PROPERTY EXEMPTED FROM 
TAX, ASSESSMENT, OR FEE [NOT EXEMPT].  The district may not impose 
a tax, assessment, or impact fee on residential property, including 
a multiunit residential property or a condominium. [Section 375.161 
does not apply to the district.]
	SECTION 3.  (a)  The proper and legal notice of the 
intention to introduce this Act, setting forth the general 
substance of this Act, has been published as provided by law, and 
the notice and a copy of this Act have been furnished to all 
persons, agencies, officials, or entities to which they are 
required to be furnished by the constitution and other laws of this 
state, including the governor, who has submitted the notice and Act 
to the Texas Commission on Environmental Quality.
	(b)  The Texas Commission on Environmental Quality has filed 
its recommendations relating to this Act with the governor, 
lieutenant governor, and speaker of the house of representatives 
within the required time.
	(c)  All requirements of the constitution and laws of this 
state and the rules and procedures of the legislature with respect 
to the notice, introduction, and passage of this Act are fulfilled 
and accomplished.
	SECTION 4.  This Act takes effect January 1, 2004, but only 
if the constitutional amendment proposed by the 78th Legislature, 
Regular Session, 2003, authorizing the creation of conservation and 
reclamation districts to promote, encourage, and maintain 
employment, commerce, economic development, and the public welfare 
in the commercial areas of municipalities and metropolitan regions 
of this state and authorizing the legislature to exempt residential 
property from ad valorem taxation by districts created for those 
purposes is approved by the voters.  If that amendment is not 
approved by the voters, this Act has no effect.