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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section
375.022(b), Local Government Code, is amended to read as follows:
(b) The petition must be
signed by[:
[(1)] the owners of a
majority of the assessed value of the real property in the proposed
district, according to the most recent certified county property tax rolls[;
or
[(2) 50 persons who own
real property in the proposed district if, according to the most recent
certified county property tax rolls, more than 50 persons own real property
in the proposed district].
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SECTION 1. Section
375.022(b), Local Government Code, is amended to read as follows:
(b) The petition must be
signed by[:
[(1)] the owners of a
majority of the assessed value of the real property in the proposed
district that would be subject to
assessment by the district, according to the most recent
certified county property tax rolls[; or
[(2) 50 persons who own
real property in the proposed district if, according to the most recent
certified county property tax rolls, more than 50 persons own real property
in the proposed district].
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SECTION 2. Section 375.063,
Local Government Code, is amended to read as follows:
Sec. 375.063. QUALIFICATIONS
OF DIRECTOR. To be qualified to serve as a director, a person must be at
least 18 years old and:
(1) [a resident of the
district;
[(2)] an owner of
property in the district;
(2) [(3)] an
owner of stock, whether beneficial or otherwise, of a corporate owner of
property in the district; or
(3) [(4)] an
owner of a beneficial interest in a trust that owns property in the
district[; or
[(5)
an agent, employee, or tenant of a person covered by Subdivision (2), (3),
or (4)].
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SECTION 2. Section 375.063,
Local Government Code, is amended to read as follows:
Sec. 375.063. QUALIFICATIONS
OF DIRECTOR. To be qualified to serve as a director, a person must be at
least 18 years old and:
(1) [a resident of the
district;
[(2)] an owner of
property in the district;
(2) [(3)] an
owner of stock, whether beneficial or otherwise, of a corporate owner of
property in the district;
(3) [(4)] an
owner of a beneficial interest in a trust that owns property in the
district; or
(4) [(5)] an agent,
employee, or tenant of a person covered by Subdivision (1), (2), or
(3)[, or (4)].
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SECTION 3. The heading to
Section 375.064, Local Government Code, is amended to read as follows:
Sec. 375.064. APPOINTMENT
OF DIRECTORS [RECOMMENDATIONS FOR SUCCEEDING BOARD].
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No
equivalent provision.
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SECTION 4. Section
375.064(a), Local Government Code, is amended to read as follows:
(a) Except as provided by Section 375.026, the
governing body of the municipality shall appoint directors from persons
recommended by the owners of a majority of the assessed value of property
in the district [The initial
and each succeeding board of directors shall recommend to the governing
body of the municipality persons to serve on the succeeding board].
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SECTION 3. Sections
375.064(a), (b), and (c), Local Government Code, are amended to read as
follows:
(a) The initial and each succeeding board of directors shall, and
the owners of a majority of the assessed value of property subject to
assessment by the district may, recommend to the governing body of the
municipality persons to serve on the succeeding board.
(b)
After reviewing the recommendations, the governing body shall approve or
disapprove the directors recommended under Subsection (a) [by the
board].
(c)
If the governing body is not satisfied with the recommendations submitted under
Subsection (a) [by the board], the board, on the request of the
governing body, shall submit to the governing body additional
recommendations.
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SECTION 5. Section
375.092(f), Local Government Code, is amended to read as follows:
(f) A district may acquire,
construct, complete, develop, own, operate, and maintain permanent
improvements and provide services only inside [and outside] its
boundaries.
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SECTION 4. Section
375.092(f), Local Government Code, is amended to read as follows:
(f) A district may acquire,
construct, complete, develop, own, operate, and maintain permanent
improvements and provide services that
benefit property in the district, regardless of whether the improvements or
services are located inside or
[and] outside its boundaries.
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SECTION 6. Section 375.111,
Local Government Code, is amended to read as follows:
Sec. 375.111. GENERAL POWERS
RELATING TO ASSESSMENTS. In addition to the powers provided by Subchapter
E, the board of a district may undertake improvement projects and services
that confer a special benefit on all or a definable part of the district.
The board may levy and collect special assessments on property in that
area, based on the benefit conferred by the improvement project or
services, to pay all or part of the cost of the project and services. The
[If the board determines that there is a benefit to the district, the]
district may not provide improvements and services to an area
outside the boundaries of the district.
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No
equivalent provision.
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SECTION 7. Section 375.114,
Local Government Code, is amended to read as follows:
Sec. 375.114. PETITION
REQUIRED. The board may not finance services and improvement projects
under this chapter unless a written petition has been filed with the board
requesting those improvements or services signed by[:
[(1)] the owners of a
majority [50 percent or more] of the assessed value of the
property in the district subject to assessment, according to the most
recent certified county property tax rolls[; or
[(2)
the owners of 50 percent or more of the surface area of the district,
excluding roads, streets, highways, and utility rights-of-way, other public
areas, and any other property exempt from assessment under Section 375.162
or 375.163, according to the most recent certified county property tax
rolls].
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SECTION 5. Section 375.114,
Local Government Code, is amended to read as follows:
Sec. 375.114. PETITION
REQUIRED. The board may not finance services and improvement projects
under this chapter unless a written petition has been filed with the board
requesting those improvements or services signed by:
(1) the owners of a
majority [50 percent or more] of the assessed value of the
property in the district subject to assessment, according to the most
recent certified county property tax rolls; or
(2)
for a proposed assessment to be apportioned under Section 375.119(1),
the owners of a majority [50 percent or more] of the surface
area of the real property subject to assessment by the district, [excluding
roads, streets, highways, and utility rights-of-way, other public areas,
and any other property exempt from assessment under Section 375.162 or
375.163,] according to the most recent certified county property tax
rolls.
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SECTION 8. Section 375.208,
Local Government Code, is amended to read as follows:
Sec. 375.208. COMMISSION
APPROVAL. A district must obtain approval of the commission as provided by
Chapter 54, Water Code, if it issues bonds to provide water, sewage, or
drainage facilities. Except as expressly provided by this section and Section
[Sections] 375.062 [and 375.064], a district is not subject
to the jurisdiction of the commission.
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No
equivalent provision.
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SECTION 9. Section 375.243,
Local Government Code, is amended to read as follows:
Sec. 375.243. PETITION
REQUIRED FOR BOND ELECTION. The board may not call a bond election unless
a written petition has been filed with the board requesting an election
signed by the owners of a majority[:
[(1) 50 percent or more]
of the assessed value of the property in
the district as determined from the most recent certified county property
tax rolls[; or
[(2) 50 percent or more
of the surface area of the district, excluding roads, streets, highways, utility
rights-of-way, other public areas, and other property exempt from
assessment under Sections 375.161, 375.163, and 375.164 as determined from
the most recent certified county property tax rolls].
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SECTION 6. Section 375.243,
Local Government Code, is amended to read as follows:
Sec. 375.243. PETITION
REQUIRED FOR BOND ELECTION. The board may not call a bond election unless
a written petition has been filed with the board requesting an election
signed by the owners of a majority[:
[(1) 50 percent or more]
of the assessed value of the property subject
to assessment or taxation by [in]
the district as determined from the most recent certified county property
tax rolls[; or
[(2) 50 percent or more
of the surface area of the district, excluding roads, streets, highways,
utility rights-of-way, other public areas, and other property exempt from
assessment under Sections 375.161, 375.163, and 375.164 as determined from
the most recent certified county property tax rolls].
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SECTION 10. Section 375.262,
Local Government Code, is amended to read as follows:
Sec. 375.262. DISSOLUTION BY
PETITION BY OWNERS. Except as limited by Section 375.264, the board shall
dissolve the district on written petition filed with the board by the
owners of a majority[:
[(1) 75 percent or more]
of the assessed value of the property in
the district based on the most recent certified county property tax rolls[;
or
[(2) 75 percent or more
of the surface area of the district, excluding roads, streets, highways,
utility rights-of-way, other public areas, and other property exempt from
assessment under Sections 375.161, 375.163, and 375.164, according to the
most recent certified county property tax rolls].
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SECTION 7. Section 375.262,
Local Government Code, is amended to read as follows:
Sec. 375.262. DISSOLUTION BY
PETITION BY OWNERS. Except as limited by Section 375.264, the board shall
dissolve the district on written petition filed with the board by the
owners of at least two-thirds
[:
[(1) 75 percent or more]
of the assessed value of the property subject
to assessment or taxation by [in]
the district based on the most recent certified county property tax rolls[;
or
[(2) 75 percent or more
of the surface area of the district, excluding roads, streets, highways,
utility rights-of-way, other public areas, and other property exempt from
assessment under Sections 375.161, 375.163, and 375.164, according to the
most recent certified county property tax rolls].
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SECTION 11. Section
382.052(b), Local Government Code, is amended.
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SECTION 8. Same as introduced
version.
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SECTION 12. Section
3855.052(b), Special District Local Laws Code, is amended.
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SECTION 9. Same as introduced
version.
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SECTION 13. Sections
375.064(b), (c), and (e), Local Government Code, are repealed.
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No
equivalent provision.
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SECTION 14. (a) The change
in law made by this Act to Section 375.063, Local Government Code, does not
affect the entitlement of a member serving on the board of directors of a
district to which that section applies immediately before the effective
date of this Act to continue to carry out the board's functions for the
remainder of the member's term. The change in law applies only to a member
appointed on or after the effective date of this Act.
(b)
The changes in law made by this Act to Sections 375.092(f) and 375.111,
Local Government Code, do not affect the terms of a contract entered into
before the effective date of this Act, except that if the contract is
renewed, modified, or extended on or after the effective date of this Act,
those sections apply to the contract beginning on the date of renewal,
modification, or extension.
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SECTION 10. The change in
law made by this Act to Section 375.063, Local Government Code, does not
affect the entitlement of a member serving on the board of directors of a
district to which that section applies immediately before the effective
date of this Act to continue to carry out the board's functions for the
remainder of the member's term. The change in law applies only to a member
appointed on or after the effective date of this Act.
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SECTION 15. This Act takes
effect September 1, 2015.
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SECTION 11. Same as
introduced version.
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