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A BILL TO BE ENTITLED
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AN ACT
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relating to the exemption of certain property from municipal |
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drainage service charges and from related ordinances, resolutions, |
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and rules. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (e), Section 552.053, Local |
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Government Code, as added by Chapters 278 (S.B. 874) and 539 (S.B. |
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1522), Acts of the 81st Legislature, Regular Session, 2009, is |
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reenacted and amended to read as follows: |
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(e) The following property is exempt from drainage charges |
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under Section 552.047 and all ordinances, resolutions, and rules |
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adopted under this subchapter: |
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(1) property owned by a county in which a municipality |
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described by Section 552.044(8)(A) is located; |
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(2) property owned by a school district located wholly |
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or partly in a municipality described by Section 552.044(8)(A); and |
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(3) property located in a municipality with a |
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population of 1.9 million or more that is owned by: |
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(A) a church, synagogue, or other organization or |
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association organized primarily for religious purposes; |
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(B) a nonprofit organization that is exempt from |
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federal income taxation under Section 501(a), Internal Revenue Code |
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of 1986, by being certified as an exempt organization under Section |
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501(c)(3) of that code; or |
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(C) an entity authorized to impose a tax. |
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SECTION 2. Section 552.053, Local Government Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) A municipality with a population of 1.9 million or more |
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may not increase a drainage charge on nonexempt property to |
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compensate for amounts not collected as a result of providing |
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exemptions required by this section. |
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SECTION 3. Section 580.003, Local Government Code, as |
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redesignated by Chapter 885 (H.B. 2278), Acts of the 80th |
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Legislature, Regular Session, 2007, and amended by Chapters 1356 |
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(H.B. 462) and 1430 (S.B. 3), Acts of the 80th Legislature, Regular |
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Session, 2007, is reenacted and amended to read as follows: |
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Sec. 580.003. EXEMPTIONS OF CERTAIN PROPERTY FROM |
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INFRASTRUCTURE FEES. (a) Except as provided by Subsection (b), no |
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county, municipality, or utility district may collect from a state |
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agency or a public or private institution of higher education any |
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fee charged for the development or maintenance of programs or |
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facilities for the control of excess water or storm water. |
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(b) A municipality with a population of 25,000 or less and |
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through which the Bosque River runs may collect from a state agency |
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or public institution of higher education a fee charged for the |
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development or maintenance of programs or [of] facilities for the |
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control of excess water or storm water. |
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(c) A municipality with a population of 1.9 million or more |
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may not collect any fee charged for the development or maintenance |
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of programs or facilities for the control of excess water or storm |
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water from: |
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(1) a church, synagogue, or other organization or |
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association organized primarily for religious purposes; |
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(2) a nonprofit organization that is exempt from |
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federal income taxation under Section 501(a), Internal Revenue Code |
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of 1986, by being certified as an exempt organization under Section |
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501(c)(3) of that code; or |
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(3) an entity authorized to impose a tax. |
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(d) A municipality with a population of 1.9 million or more |
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may not increase a fee on nonexempt property to compensate for |
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amounts not collected as a result of providing exemptions required |
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by this section. |
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SECTION 4. To the extent of any conflict, this Act prevails |
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over another Act of the 82nd Legislature, Regular Session, 2011, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |