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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a municipality or county to adopt fees |
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that generate substantial revenue. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Local Government Code, is |
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amended by adding Chapter 134 to read as follows: |
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CHAPTER 134. MUNICIPAL AND COUNTY FEES THAT GENERATE SUBSTANTIAL |
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REVENUE |
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Sec. 134.001. DEFINITIONS. In this chapter: |
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(1) "Fee" means any fee, charge, assessment, or |
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similar payment required by a municipality or county for a |
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privilege, service, authorization, permit, license, registration, |
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certification, filing, or other municipal or county action or |
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approval. |
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(2) "General revenue" means revenue received by a |
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municipality or county and deposited in the general operating fund |
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of the municipality or county. |
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(3) "Substantial revenue" means revenue in an amount |
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equal to at least one percent of the general revenue of a |
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municipality or county received during the most recently ended |
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fiscal year of the municipality or county. |
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Sec. 134.002. APPLICABILITY. This chapter applies only to |
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a municipal or county fee projected to generate substantial revenue |
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during the 12-month period after the date an election to approve the |
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fee is held. |
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Sec. 134.003. ADOPTION OF MUNICIPAL FEE; ELECTION REQUIRED. |
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Notwithstanding any other provision of law, a municipality may not |
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impose a new fee unless the fee is approved by: |
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(1) at least two-thirds of the members of the |
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governing body of the municipality; and |
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(2) the voters of the municipality voting at an |
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election held for that purpose. |
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Sec. 134.004. ADOPTION OF COUNTY FEE; ELECTION REQUIRED. |
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Notwithstanding any other provision of law, a county may not impose |
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a new fee unless the fee is approved by: |
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(1) at least four members of the commissioners court |
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of the county; and |
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(2) the voters of the county voting at an election held |
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for that purpose. |
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SECTION 2. This Act takes effect September 1, 2017. |