| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the governance and operation of municipal management |
|
|
districts. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 375.022(b), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(b) The petition must be signed by 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. |
|
|
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)]. |
|
|
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. |
|
|
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. |
|
|
SECTION 5. Section 375.114, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 375.114. PETITION REQUIRED. The board may not finance |
|
|
improvement projects or 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. |
|
|
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]. |
|
|
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]. |
|
|
SECTION 8. Section 382.052(b), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(b) If the population of the district is more than 1,000, to |
|
|
be eligible to serve as a director, a person must be at least 18 |
|
|
years old, reside in the district, and be: |
|
|
(1) an owner of property in the district; |
|
|
(2) an owner of stock, whether beneficial or |
|
|
otherwise, of a corporate owner of property in the district; |
|
|
(3) an owner of a beneficial interest in a trust that |
|
|
owns property in the district; or |
|
|
(4) an agent, employee, or tenant of a person covered |
|
|
by Subdivision (1), (2), or (3) [meet the qualifications of Section
|
|
|
375.063]. |
|
|
SECTION 9. Section 3855.052(b), Special District Local Laws |
|
|
Code, is amended to read as follows: |
|
|
(b) Section 375.063(2) [375.063(3)], Local Government Code, |
|
|
does not apply to the district. |
|
|
SECTION 10. Section 3818.251, Special District Local Laws |
|
|
Code, is repealed. |
|
|
SECTION 11. 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. |
|
|
SECTION 12. This Act takes effect September 1, 2019. |