78R1064 QS-D
By: Madla S.B. No. 560
A BILL TO BE ENTITLED
AN ACT
relating to the notice given to a purchaser of real property within
a water district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 49.452(b), (c), and (d), Water Code,
are amended to read as follows:
(b) The prescribed notice for districts located in whole or
in part in the extraterritorial jurisdiction of one or more
home-rule municipalities and not located within the corporate
boundaries of a municipality shall be executed by the seller and
shall read as follows:
"The real property, described below, that you are about to
purchase is located in the __________ District. The district is a
governmental agency and a political subdivision of this state. The
district is governed by a board of directors. The district may be
contacted at the following address and telephone number:
__________(Address)
__________(Telephone Number)
"The district has taxing authority separate from any other
taxing authority and may, subject to voter approval, issue an
unlimited amount of bonds and levy an unlimited rate of tax in
payment of such bonds. As of this date, the rate of taxes levied by
the district on real property located in the district is
$__________ on each $100 of assessed valuation. If the district has
not yet levied taxes, the most recent projected rate of tax, as of
this date, is $__________ on each $100 of assessed valuation. The
total amount of bonds, excluding refunding bonds and any bonds or
any portion of bonds issued that are payable solely from revenues
received or expected to be received under a contract with a
governmental entity, approved by the voters and which have been or
may, at this date, be issued is $__________, and the aggregate
initial principal amounts of all bonds issued for one or more of the
specified facilities of the district and payable in whole or in part
from property taxes is $__________.
"The district has the authority to adopt and impose a standby
fee on property in the district that has water, sanitary sewer, or
drainage facilities and services available but not connected and
which does not have a house, building, or other improvement located
thereon and does not substantially utilize the utility capacity
available to the property. The district may exercise the authority
without holding an election on the matter. As of this date, the
most recent amount of the standby fee is $__________. An unpaid
standby fee is a personal obligation of the person that owned the
property at the time of imposition and is secured by a lien on the
property. Any person may request a certificate from the district
stating the amount, if any, of unpaid standby fees on a tract of
property in the district.
"The district is located in whole or in part in the
extraterritorial jurisdiction of the City of __________. By law, a
district located in the extraterritorial jurisdiction of a
municipality may be annexed without the consent of the district or
the voters of the district. When a district is annexed, the
district is dissolved.
"The purpose of this district is to provide water, sewer,
drainage, or flood control facilities and services within the
district through the issuance of bonds payable in whole or in part
from property taxes. The cost of these utility facilities is not
included in the purchase price of your property, and these utility
facilities are owned or to be owned by the district. The legal
description of the property you are acquiring is as follows:
__________(Date)
___________________
Signature of Seller
PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM
IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT
ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER
THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE
TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS ADVISED TO
CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR
PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM.
"The undersigned purchaser hereby acknowledges receipt of
the foregoing notice at or prior to execution of a binding contract
for the purchase of the real property described in such notice or at
closing of purchase of the real property.
__________(Date)
______________________
Signature of Purchaser
"(Note: Correct district name, contact information, tax
rate, bond amounts, and legal description are to be placed in the
appropriate space.) Except for notices included as an addendum or
paragraph of a purchase contract, the notice shall be executed by
the seller and purchaser, as indicated. If the district does not
propose to provide one or more of the specified facilities and
services, the appropriate purpose may be eliminated. If the
district has not yet levied taxes, a statement of the district's
most recent projected rate of tax is to be placed in the appropriate
space. If the district does not have approval from the commission
to adopt and impose a standby fee, the second paragraph of the
notice may be deleted. For the purposes of the notice form required
to be given to the prospective purchaser prior to execution of a
binding contract of sale and purchase, a seller and any agent,
representative, or person acting on the seller's behalf may modify
the notice by substitution of the words 'January 1, ___' for the
words 'this date' and place the correct calendar year in the
appropriate space."
(c) The prescribed notice for districts located in whole or
in part within the corporate boundaries of a municipality shall be
executed by the seller and shall read as follows:
"The real property, described below, that you are about to
purchase is located in the __________ District. The district is a
governmental agency and a political subdivision of this state. The
district is governed by a board of directors. The district may be
contacted at the following address and telephone number:
__________(Address)
__________(Telephone Number)
"The district has taxing authority separate from any other
taxing authority and may, subject to voter approval, issue an
unlimited amount of bonds and levy an unlimited rate of tax in
payment of such bonds. As of this date, the rate of taxes levied by
the district on real property located in the district is
$__________ on each $100 of assessed valuation. If the district has
not yet levied taxes, the most recent projected rate of tax, as of
this date, is $__________ on each $100 of assessed valuation. The
total amount of bonds, excluding refunding bonds and any bonds or
any portion of bonds issued that are payable solely from revenues
received or expected to be received under a contract with a
governmental entity, approved by the voters and which have been or
may, at this date, be issued is $__________, and the aggregate
initial principal amounts of all bonds issued for one or more of the
specified facilities of the district and payable in whole or in part
from property taxes is $__________.
"The district has the authority to adopt and impose a standby
fee on property in the district that has water, sanitary sewer, or
drainage facilities and services available but not connected and
which does not have a house, building, or other improvement located
thereon and does not substantially utilize the utility capacity
available to the property. The district may exercise the authority
without holding an election on the matter. As of this date, the
most recent amount of the standby fee is $__________. An unpaid
standby fee is a personal obligation of the person that owned the
property at the time of imposition and is secured by a lien on the
property. Any person may request a certificate from the district
stating the amount, if any, of unpaid standby fees on a tract of
property in the district.
"The district is located in whole or in part within the
corporate boundaries of the City of __________. The taxpayers of
the district are subject to the taxes imposed by the municipality
and by the district until the district is dissolved. By law, a
district located within the corporate boundaries of a municipality
may be dissolved by municipal ordinance without the consent of the
district or the voters of the district.
"The purpose of this district is to provide water, sewer,
drainage, or flood control facilities and services within the
district through the issuance of bonds payable in whole or in part
from property taxes. The cost of these utility facilities is not
included in the purchase price of your property, and these utility
facilities are owned or to be owned by the district. The legal
description of the property you are acquiring is as follows:
___________(Date)
___________________
Signature of Seller
PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM
IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT
ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER
THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE
TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS ADVISED TO
CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR
PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM.
"The undersigned purchaser hereby acknowledges receipt of
the foregoing notice at or prior to execution of a binding contract
for the purchase of the real property described in such notice or at
closing of purchase of the real property.
__________(Date)
______________________
Signature of Purchaser
"(Note: Correct district name, contact information, tax
rate, bond amounts, and legal description are to be placed in the
appropriate space.) Except for notices included as an addendum or
paragraph of a purchase contract, the notice shall be executed by
the seller and purchaser, as indicated. If the district does not
propose to provide one or more of the specified facilities and
services, the appropriate purpose may be eliminated. If the
district has not yet levied taxes, a statement of the district's
most recent projected rate of tax is to be placed in the appropriate
space. If the district does not have approval from the commission
to adopt and impose a standby fee, the second paragraph of the
notice may be deleted. For the purposes of the notice form required
to be given to the prospective purchaser prior to execution of a
binding contract of sale and purchase, a seller and any agent,
representative, or person acting on the seller's behalf may modify
the notice by substitution of the words 'January 1,__________' for
the words 'this date' and place the correct calendar year in the
appropriate space."
(d) The prescribed notice for districts that are not located
in whole or in part within the corporate boundaries of a
municipality or the extraterritorial jurisdiction of one or more
home-rule municipalities shall be executed by the seller and shall
read as follows:
"The real property, described below, that you are about to
purchase is located in the __________ District. The district is a
governmental agency and a political subdivision of this state. The
district is governed by a board of directors. The district may be
contacted at the following address and telephone number:
___________(Address)
___________(Telephone Number)
"The district has taxing authority separate from any other
taxing authority and may, subject to voter approval, issue an
unlimited amount of bonds and levy an unlimited rate of tax in
payment of such bonds. As of this date, the rate of taxes levied by
the district on real property located in the district is
$__________ on each $100 of assessed valuation. If the district has
not yet levied taxes, the most recent projected rate of tax, as of
this date, is $__________ on each $100 of assessed valuation. The
total amount of bonds, excluding refunding bonds and any bonds or
any portion of bonds issued that are payable solely from revenues
received or expected to be received under a contract with a
governmental entity, approved by the voters and which have been or
may, at this date, be issued is $__________, and the aggregate
initial principal amounts of all bonds issued for one or more of the
specified facilities of the district and payable in whole or in part
from property taxes is $__________.
"The district has the authority to adopt and impose a standby
fee on property in the district that has water, sanitary sewer, or
drainage facilities and services available but not connected and
which does not have a house, building, or other improvement located
thereon and does not substantially utilize the utility capacity
available to the property. The district may exercise the authority
without holding an election on the matter. As of this date, the
most recent amount of the standby fee is $__________. An unpaid
standby fee is a personal obligation of the person that owned the
property at the time of imposition and is secured by a lien on the
property. Any person may request a certificate from the district
stating the amount, if any, of unpaid standby fees on a tract of
property in the district.
"The purpose of this district is to provide water, sewer,
drainage, or flood control facilities and services within the
district through the issuance of bonds payable in whole or in part
from property taxes. The cost of these utility facilities is not
included in the purchase price of your property, and these utility
facilities are owned or to be owned by the district. The legal
description of the property you are acquiring is as follows:
__________(Date)
___________________
Signature of Seller
PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM
IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT
ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER
THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE
TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS ADVISED TO
CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR
PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM.
"The undersigned purchaser hereby acknowledges receipt of
the foregoing notice at or prior to execution of a binding contract
for the purchase of the real property described in such notice or at
closing of purchase of the real property.
__________(Date)
______________________
Signature of Purchaser
"(Note: Correct district name, contact information, tax
rate, bond amounts, and legal description are to be placed in the
appropriate space.) Except for notices included as an addendum or
paragraph of a purchase contract, the notice shall be executed by
the seller and purchaser, as indicated. If the district does not
propose to provide one or more of the specified facilities and
services, the appropriate purpose may be eliminated. If the
district has not yet levied taxes, a statement of the district's
most recent projected rate of tax is to be placed in the appropriate
space. If the district does not have approval from the commission
to adopt and impose a standby fee, the second paragraph of the
notice may be deleted. For the purposes of the notice form required
to be given to the prospective purchaser prior to execution of a
binding contract of sale and purchase, a seller and any agent,
representative, or person acting on the seller's behalf may modify
the notice by substitution of the words 'January 1, ______' for the
words 'this date' and place the correct calendar year in the
appropriate space."
SECTION 2. This Act takes effect September 1, 2003, and
applies only to notice given to a purchaser of real property within
a water district on or after the effective date of this Act. Notice
given to a purchaser before the effective date of this Act is
governed by the law in effect at the time the notice was given, and
the former law is continued in effect for that purpose.