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A BILL TO BE ENTITLED
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AN ACT
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relating to a common characteristic or use project in and to the |
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establishment of a public improvement district in certain |
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municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 372.0035, Local Government Code, is |
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amended to read as follows: |
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Sec. 372.0035. COMMON CHARACTERISTIC OR USE FOR PROJECTS IN |
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CERTAIN MUNICIPALITIES. (a) This section applies only to: |
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(1) a municipality that: |
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(A) has a population of more than 750,000 and |
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less [one million and a council-manager form of government and that
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is located wholly or partly in a county with a population of more] |
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than two million; or |
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(B) has a population of more than 325,000 and |
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less than 625,000; and |
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(2) a public improvement district established under |
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this subchapter and solely composed of territory in which the only |
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businesses are: |
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(A) hotels with 100 or more rooms ordinarily used |
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for sleeping, if the district is established by a municipality |
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described by Subdivision (1)(A); or |
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(B) hotels with 75 or more rooms ordinarily used |
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for sleeping, if the district is established by a municipality |
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described by Subdivision (1)(B). |
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(b) A municipality may undertake a project that confers a |
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special benefit on areas that share a common characteristic or use. |
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The areas may be noncontiguous. |
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(c) This section does not prohibit a municipality from or |
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limit a municipality to establishing a district that includes a |
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noncontiguous area authorized by this subchapter. |
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(d) A municipality that undertakes a project under this |
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section may: |
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(1) adopt procedures for the collection of assessments |
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under this chapter that are consistent with the municipality's |
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procedures for the collection of a hotel occupancy tax under |
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Chapter 351, Tax Code; and |
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(2) pursue remedies for the failure to pay an |
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assessment under this chapter that are available to the |
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municipality for failure to pay a hotel occupancy tax under Chapter |
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351, Tax Code. |
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(e) Notwithstanding Section 372.005(b), Local Government |
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Code, a petition for the establishment of a public improvement |
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district under this section is sufficient only if signed by: |
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(1) owners of taxable real property representing more |
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than 60 percent of the appraised value of taxable real property |
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liable for assessment under the proposal, as determined by the |
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current roll of the appraisal district in which the property is |
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located; and |
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(2) record owners of real property liable for |
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assessment under the proposal who: |
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(A) constitute more than 60 percent of all record |
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owners of property that is liable for assessment under the |
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proposal; or |
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(B) own taxable real property that constitutes |
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more than 60 percent of the area of all taxable real property that |
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is liable for assessment under the proposal. |
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SECTION 2. 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, 2015. |