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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 the owners of a majority |
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of the assessed value of the real property in the proposed district |
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that would be subject to assessment by the district, according to |
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the most recent certified county property tax rolls. |
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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; |
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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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(4) [(5)] an agent, employee, or tenant of a person |
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covered by Subdivision (1), (2), or (3)[, or (4)]. |
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SECTION 3. Sections 375.064(a), (b), and (c), Local |
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Government Code, are amended to read as follows: |
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(a) The initial and each succeeding board of directors |
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shall, and the owners of a majority of the assessed value of |
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property subject to assessment by the district may, recommend to |
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the governing body of the municipality persons to serve on the |
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succeeding board. |
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(b) After reviewing the recommendations, the governing body |
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shall approve or disapprove the directors recommended under |
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Subsection (a) [by the board]. |
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(c) If the governing body is not satisfied with the |
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recommendations submitted under Subsection (a) [by the board], the |
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board, on the request of the governing body, shall submit to the |
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governing body additional recommendations. |
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SECTION 4. 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 that directly |
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benefit property in the district, regardless |
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of whether the improvements or services are located inside or [and] |
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outside its boundaries. |
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SECTION 5. 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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improvement projects or services [and improvement projects] under |
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this chapter unless a written petition has been filed with the board |
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requesting those 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) for a proposed assessment to be apportioned under |
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Section 375.119(1), the owners of a majority [50 percent or more] |
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of the surface area of the real property subject to assessment by |
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the district, [excluding roads, streets, highways, and utility
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rights-of-way, other public areas, and any other property exempt
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from assessment under Section 375.162 or 375.163,] according to the |
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most recent certified county property tax rolls. |
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SECTION 6. 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 subject to assessment or taxation by [in] the district as |
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determined from the most recent certified county property tax |
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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 7. 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 at least |
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two-thirds [:
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[(1) 75 percent or more] of the assessed value of the |
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property subject to assessment or taxation by [in] the district |
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based on the most recent certified county 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 8. 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 9. Section 3855.052(b), Special District Local Laws |
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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 10. Section 3818.251, Special District Local Laws |
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Code, is repealed. |
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SECTION 11. The change in law made by this Act to Section |
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375.063, Local Government Code, does not affect the entitlement of |
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a member serving on the board of directors of a district to which |
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that section applies immediately before the effective date of this |
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Act to continue to carry out the board's functions for the remainder |
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of the member's term. The change in law applies only to a member |
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appointed on or after the effective date of this Act. |
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SECTION 12. This Act takes effect September 1, 2019. |