| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the exemption of certain property from municipal |
|
|
drainage service charges and from related ordinances, resolutions, |
|
|
and rules. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 552.053(e), Local Government Code, as |
|
|
added by Chapters 278 (S.B. 874) and 539 (S.B. 1522), Acts of the |
|
|
81st Legislature, Regular Session, 2009, is reenacted and amended |
|
|
to read as follows: |
|
|
(e) The following property is exempt from drainage charges |
|
|
under Section 552.047 and all ordinances, resolutions, and rules |
|
|
adopted under this subchapter: |
|
|
(1) property owned by a county in which a municipality |
|
|
described by Section 552.044(8)(A) is located; |
|
|
(2) property owned by a school district located wholly |
|
|
or partly in a municipality described by Section 552.044(8)(A); and |
|
|
(3) property located in a municipality with a |
|
|
population of 2.2 million or more that is owned by: |
|
|
(A) a church, synagogue, or other organization or |
|
|
association organized primarily for religious purposes; |
|
|
(B) a nonprofit organization that is exempt from |
|
|
federal income taxation under Section 501(a), Internal Revenue Code |
|
|
of 1986, by being certified as an exempt organization under Section |
|
|
501(c)(3) of that code; or |
|
|
(C) an entity authorized to impose a tax. |
|
|
SECTION 2. Section 580.003, Local Government Code, as |
|
|
amended by Chapters 1356 (H.B. 462) and 1430 (S.B. 3), Acts of the |
|
|
80th Legislature, Regular Session, 2007, is reenacted and amended |
|
|
to read as follows: |
|
|
Sec. 580.003. EXEMPTIONS OF CERTAIN PROPERTY FROM |
|
|
INFRASTRUCTURE FEES. (a) Except as provided by Subsection (b), no |
|
|
county, municipality, or utility district may collect from a state |
|
|
agency or a public or private institution of higher education any |
|
|
fee charged for the development or maintenance of programs or |
|
|
facilities for the control of excess water or storm water. |
|
|
(b) A municipality with a population of 25,000 or less and |
|
|
through which the Bosque River runs may collect from a state agency |
|
|
or public institution of higher education a fee charged for the |
|
|
development or maintenance of programs or [of] facilities for the |
|
|
control of excess water or storm water. |
|
|
(c) A municipality with a population of 2.2 million or more |
|
|
may not collect any fee charged for the development or maintenance |
|
|
of programs or facilities for the control of excess water or storm |
|
|
water from: |
|
|
(1) a church, synagogue, or other organization or |
|
|
association organized primarily for religious purposes; |
|
|
(2) a nonprofit organization that is exempt from |
|
|
federal income taxation under Section 501(a), Internal Revenue Code |
|
|
of 1986, by being certified as an exempt organization under Section |
|
|
501(c)(3) of that code; or |
|
|
(3) an entity authorized to impose a tax. |
|
|
SECTION 3. To the extent of any conflict, this Act prevails |
|
|
over another Act of the 82nd Legislature, Regular Session, 2011, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
|
codes. |
|
|
SECTION 4. 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. |