By: Patrick  S.B. No. 714
         (In the Senate - Filed February 15, 2011; February 23, 2011,
  read first time and referred to Committee on Intergovernmental
  Relations; April 4, 2011, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 3, Nays 1;
  April 4, 2011, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 714 By:  Patrick
 
 
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.  Subsection (e), Section 552.053, 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 1.9 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 552.053, Local Government Code, is
  amended by adding Subsection (f) to read as follows:
         (f)  A municipality with a population of 1.9 million or more
  may not increase a drainage charge on nonexempt property to
  compensate for amounts not collected as a result of providing
  exemptions required by this section.
         SECTION 3.  Section 580.003, Local Government Code, as
  redesignated by Chapter 885 (H.B. 2278), Acts of the 80th
  Legislature, Regular Session, 2007, and 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 1.9 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.
         (d)  A municipality with a population of 1.9 million or more
  may not increase a fee on nonexempt property to compensate for
  amounts not collected as a result of providing exemptions required
  by this section.
         SECTION 4.  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 5.  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.
 
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