| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the cost to maintain open ditches in certain populous |
|
|
municipalities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 229, Local Government Code, is amended |
|
|
by adding Section 229.004 to read as follows: |
|
|
Sec. 229.004. MAINTENANCE OF OPEN DITCHES. (a) This |
|
|
section applies only to a municipality with a population of 3.3 |
|
|
million or more. |
|
|
(b) A municipality that requires a property owner to |
|
|
maintain an open ditch by keeping the grass cut shall pay a |
|
|
reasonable annual fee to that owner to maintain the ditch if the |
|
|
owner complies with the requirements of Subsection (c). The fee may |
|
|
not be less than 40 cents per foot of ditch each year. |
|
|
(c) The property owner must: |
|
|
(1) certify by affidavit every six months the number |
|
|
of times the ditch was cut and maintained during the preceding six |
|
|
months; and |
|
|
(2) file the affidavit with the municipal secretary. |
|
|
(d) Instead of paying the fee directly to the property |
|
|
owner, the municipality may deduct the fee from any amounts owed by |
|
|
the property owner to the municipality in municipal taxes. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2011. |