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A BILL TO BE ENTITLED
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AN ACT
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relating to the governance and operation of municipal management |
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districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 375.022(b), Local Government Code, is |
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amended to read as follows: |
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(b) The petition must be signed by[:
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[(1)] the owners of a majority of the assessed value of |
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the real property in the proposed district, according to the most |
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recent certified county property tax rolls[; or
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[(2)
50 persons who own real property in the proposed
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district if, according to the most recent certified county property
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tax rolls, more than 50 persons own real property in the proposed
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district]. |
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SECTION 2. Section 375.063, Local Government Code, is |
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amended to read as follows: |
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Sec. 375.063. QUALIFICATIONS OF DIRECTOR. To be qualified |
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to serve as a director, a person must be at least 18 years old and: |
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(1) [a resident of the district;
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[(2)] an owner of property in the district; |
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(2) [(3)] an owner of stock, whether beneficial or |
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otherwise, of a corporate owner of property in the district; or |
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(3) [(4)] an owner of a beneficial interest in a trust |
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that owns property in the district[; or
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[(5)
an agent, employee, or tenant of a person covered
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by Subdivision (2), (3), or (4)]. |
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SECTION 3. The heading to Section 375.064, Local Government |
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Code, is amended to read as follows: |
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Sec. 375.064. APPOINTMENT OF DIRECTORS [RECOMMENDATIONS
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FOR SUCCEEDING BOARD]. |
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SECTION 4. Section 375.064(a), Local Government Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 375.026, the governing |
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body of the municipality shall appoint directors from persons |
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recommended by the owners of a majority of the assessed value of |
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property in the district [The initial and each succeeding board of
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directors shall recommend to the governing body of the municipality
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persons to serve on the succeeding board]. |
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SECTION 5. Section 375.092(f), Local Government Code, is |
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amended to read as follows: |
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(f) A district may acquire, construct, complete, develop, |
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own, operate, and maintain permanent improvements and provide |
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services only inside [and outside] its boundaries. |
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SECTION 6. Section 375.111, Local Government Code, is |
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amended to read as follows: |
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Sec. 375.111. GENERAL POWERS RELATING TO ASSESSMENTS. In |
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addition to the powers provided by Subchapter E, the board of a |
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district may undertake improvement projects and services that |
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confer a special benefit on all or a definable part of the district. |
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The board may levy and collect special assessments on property in |
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that area, based on the benefit conferred by the improvement |
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project or services, to pay all or part of the cost of the project |
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and services. The [If the board determines that there is a benefit
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to the district, the] district may not provide improvements and |
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services to an area outside the boundaries of the district. |
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SECTION 7. Section 375.114, Local Government Code, is |
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amended to read as follows: |
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Sec. 375.114. PETITION REQUIRED. The board may not finance |
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services and improvement projects under this chapter unless a |
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written petition has been filed with the board requesting those |
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improvements or services signed by[:
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[(1)] the owners of a majority [50 percent or more] of |
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the assessed value of the property in the district subject to |
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assessment, according to the most recent certified county property |
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tax rolls[; or
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[(2)
the owners of 50 percent or more of the surface
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area of the district, excluding roads, streets, highways, and
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utility rights-of-way, other public areas, and any other property
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exempt from assessment under Section 375.162 or 375.163, according
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to the most recent certified county property tax rolls]. |
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SECTION 8. Section 375.208, Local Government Code, is |
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amended to read as follows: |
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Sec. 375.208. COMMISSION APPROVAL. A district must obtain |
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approval of the commission as provided by Chapter 54, Water Code, if |
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it issues bonds to provide water, sewage, or drainage facilities. |
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Except as expressly provided by this section and Section [Sections] |
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375.062 [and 375.064], a district is not subject to the |
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jurisdiction of the commission. |
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SECTION 9. Section 375.243, Local Government Code, is |
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amended to read as follows: |
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Sec. 375.243. PETITION REQUIRED FOR BOND ELECTION. The |
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board may not call a bond election unless a written petition has |
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been filed with the board requesting an election signed by the |
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owners of a majority[:
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[(1) 50 percent or more] of the assessed value of the |
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property in the district as determined from the most recent |
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certified county property tax rolls[; or
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[(2)
50 percent or more of the surface area of the
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district, excluding roads, streets, highways, utility
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rights-of-way, other public areas, and other property exempt from
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assessment under Sections 375.161, 375.163, and 375.164 as
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determined from the most recent certified county property tax
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rolls]. |
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SECTION 10. Section 375.262, Local Government Code, is |
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amended to read as follows: |
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Sec. 375.262. DISSOLUTION BY PETITION BY OWNERS. Except as |
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limited by Section 375.264, the board shall dissolve the district |
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on written petition filed with the board by the owners of a |
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majority[:
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[(1) 75 percent or more] of the assessed value of the |
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property in the district based on the most recent certified county |
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property tax rolls[; or
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[(2)
75 percent or more of the surface area of the
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district, excluding roads, streets, highways, utility
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rights-of-way, other public areas, and other property exempt from
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assessment under Sections 375.161, 375.163, and 375.164, according
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to the most recent certified county property tax rolls]. |
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SECTION 11. Section 382.052(b), Local Government Code, is |
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amended to read as follows: |
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(b) If the population of the district is more than 1,000, to |
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be eligible to serve as a director, a person must be at least 18 |
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years old, reside in the district, and be: |
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(1) an owner of property in the district; |
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(2) an owner of stock, whether beneficial or |
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otherwise, of a corporate owner of property in the district; |
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(3) an owner of a beneficial interest in a trust that |
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owns property in the district; or |
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(4) an agent, employee, or tenant of a person covered |
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by Subdivision (1), (2), or (3) [meet the qualifications of Section
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375.063]. |
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SECTION 12. Section 3855.052(b), Special District Local |
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Laws Code, is amended to read as follows: |
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(b) Section 375.063(2) [375.063(3)], Local Government Code, |
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does not apply to the district. |
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SECTION 13. Sections 375.064(b), (c), and (e), Local |
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Government Code, are repealed. |
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SECTION 14. (a) The change in law made by this Act to |
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Section 375.063, Local Government Code, does not affect the |
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entitlement of a member serving on the board of directors of a |
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district to which that section applies immediately before the |
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effective date of this Act to continue to carry out the board's |
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functions for the remainder of the member's term. The change in law |
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applies only to a member appointed on or after the effective date of |
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this Act. |
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(b) The changes in law made by this Act to Sections |
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375.092(f) and 375.111, Local Government Code, do not affect the |
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terms of a contract entered into before the effective date of this |
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Act, except that if the contract is renewed, modified, or extended |
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on or after the effective date of this Act, those sections apply to |
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the contract beginning on the date of renewal, modification, or |
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extension. |
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SECTION 15. This Act takes effect September 1, 2015. |