BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1830

                                                                                                                                 By: Wong (Ellis)

                                                                                                               Intergovernmental Relations

                                                                                                                                            5/19/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Currently, when a municipal management district is established by the legislature, notice is posted 30 days before the introduction of the legislation.  Often, this notice is placed in newspapers and is not easily noticeable to all property owners in the proposed district. 

 

H.B. 1830 ensures that property owners know that a district is being proposed.  It requires that a letter be sent to all property owners in the proposed district.

 

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 Chapter 313, Government Code, by adding Section 313.006, as follows:

 

Sec. 313.006.  NOTICE FOR LAWS ESTABLISHING MUNICIPAL MANAGEMENT DISTRICTS.  (a)  Requires, in addition to the other requirements of this chapter, a person who intends to apply for the passage of a law establishing a special district that incorporates a power from Chapter 375, Local Government Code, to provide notice as provided by this section.

 

(b)  Requires the person to notify by mail each person who owns real property in the proposed district, according to the most recent certified tax appraisal roll for the county in which the real property is owned.  Requires the notice, properly addressed with postage paid, to be deposited with the United States Postal Service not later than the 30th day before the date on which the intended law is introduced in the legislature.

 

(c)  Provides that the notice is sufficient if it contains a statement of the general purpose and substance of the intended law.  Provides that notice of the particular form of the intended law or the terms used in the intended law is not required.

 

(d)  Provides that the district is not required to mail notice to a person who owns real property in the district if the property cannot be subject to an assessment by the district.

 

SECTION 2.  Effective date: upon passage or September 1, 2005.