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A BILL TO BE ENTITLED
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AN ACT
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relating to notice requirements for certain municipal fees and the |
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process to adopt a municipal budget that includes the use of revenue |
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from those fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 102, Local Government Code, is amended |
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by adding Section 102.0001 to read as follows: |
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Sec. 102.0001. DEFINITION. In this chapter, "fee" has the |
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meaning assigned by Section 110.001. |
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SECTION 2. Section 102.005, Local Government Code, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) A proposed budget that includes estimated revenue |
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from a new fee or the increase of an existing fee must contain a |
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cover page with the following statement in 18-point or larger type: |
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"This budget includes estimated revenue from the following new or |
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increased fees: (include a description of each new or increased |
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fee, the dollar amount of each new fee, and the dollar amount of and |
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percentage of increase of each increased fee)." |
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SECTION 3. Section 102.006(c), Local Government Code, is |
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amended to read as follows: |
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(c) The governing body shall provide for public notice of |
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the date, time, and location of the hearing. The notice must |
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include, in type of a size at least equal to the type used for other |
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items in the notice, any statement required to be included in the |
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proposed budget under Section 102.005(b) or (b-1). |
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SECTION 4. Section 102.0065(d), Local Government Code, is |
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amended to read as follows: |
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(d) Notice under this section must include, in type of a |
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size at least equal to the type used for other items in the notice, |
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any statement required to be included in the proposed budget under |
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Section 102.005(b) or (b-1). |
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SECTION 5. Section 102.007, Local Government Code, is |
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amended by adding Subsection (c-1) and amending Subsection (d) to |
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read as follows: |
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(c-1) Adoption of a budget that includes estimated revenue |
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from a new fee or the increase of an existing fee requires a |
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separate vote of the governing body to ratify the use of the total |
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amount of the revenue from all new or increased fees. A vote under |
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this subsection is in addition to and separate from the vote to |
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adopt the budget or a vote to adopt or increase the fee. |
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(d) An adopted budget must contain a cover page that |
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includes: |
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(1) one of the following statements in 18-point or |
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larger type that accurately describes the adopted budget: |
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(A) "This budget will raise more revenue from |
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property taxes than last year's budget by an amount of (insert total |
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dollar amount of increase), which is a (insert percentage increase) |
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percent increase from last year's budget. The property tax revenue |
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to be raised from new property added to the tax roll this year is |
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(insert amount computed by multiplying the proposed tax rate by the |
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value of new property added to the roll)."; |
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(B) "This budget will raise less revenue from |
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property taxes than last year's budget by an amount of (insert total |
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dollar amount of decrease), which is a (insert percentage decrease) |
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percent decrease from last year's budget. The property tax revenue |
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to be raised from new property added to the tax roll this year is |
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(insert amount computed by multiplying the proposed tax rate by the |
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value of new property added to the roll)."; or |
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(C) "This budget will raise the same amount of |
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revenue from property taxes as last year's budget. The property |
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tax revenue to be raised from new property added to the tax roll |
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this year is (insert amount computed by multiplying the proposed |
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tax rate by the value of new property added to the roll)."; |
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(2) if applicable, the following statement in 18-point |
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or larger type: "This budget includes estimated revenue from the |
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following new or increased fees: (include a description of each new |
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or increased fee, the dollar amount of each new fee, and the dollar |
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amount of and percentage of increase of each increased fee)."; |
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(3) the record vote of each member of the governing |
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body by name voting on the adoption of the budget; |
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(4) [(3)] the municipal property tax rates for the |
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preceding fiscal year, and each municipal property tax rate that |
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has been adopted or calculated for the current fiscal year, |
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including: |
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(A) the property tax rate; |
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(B) the no-new-revenue tax rate; |
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(C) the no-new-revenue maintenance and |
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operations tax rate; |
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(D) the voter-approval tax rate; and |
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(E) the debt rate; and |
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(5) [(4)] the total amount of municipal debt |
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obligations. |
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SECTION 6. Section 102.008, Local Government Code, is |
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amended to read as follows: |
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Sec. 102.008. APPROVED BUDGET FILED WITH MUNICIPAL |
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CLERK: POSTING ON INTERNET. (a) On final approval of the budget |
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by the governing body of the municipality, the governing body |
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shall: |
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(1) file the budget with the municipal clerk; and |
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(2) if the municipality maintains an Internet website, |
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take action to ensure that: |
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(A) a copy of the budget, including the cover |
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page, is posted on the website; and |
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(B) the record vote described by Section |
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102.007(d)(3) [102.007(d)(2)] is posted on the website at least |
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until the first anniversary of the date the budget is adopted. |
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(b) The governing body shall take action to ensure that the |
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cover page of the budget is amended to include the property tax |
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rates required by Section 102.007(d)(4) [102.007(d)(3)] for the |
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current fiscal year if the rates are not included on the cover page |
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when the budget is filed with the municipal clerk. The governing |
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body shall file an amended cover page with the municipal clerk and |
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take action to ensure that the amended cover page is posted on the |
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municipality's website. |
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SECTION 7. Subtitle A, Title 4, Local Government Code, is |
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amended by adding Chapter 110 to read as follows: |
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CHAPTER 110. NOTIFICATION OF NEW OR INCREASED MUNICIPAL FEES |
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Sec. 110.001. DEFINITION. In this chapter, "fee" means any |
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fee, charge, assessment, or similar payment required by a |
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municipality for a privilege, service, authorization, permit, |
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license, registration, certification, filing, or other municipal |
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action or approval. |
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Sec. 110.002. E-MAIL NOTIFICATION SERVICE IN CERTAIN |
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MUNICIPALITIES. (a) This section does not apply to a municipality |
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located primarily in a county with a population of less than 30,000. |
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(b) Except as provided by Subsection (c), each municipality |
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shall establish and maintain an e-mail notification service to |
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which any person may electronically subscribe to receive |
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information regarding new or increased municipal fees. |
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(c) A municipality that does not maintain an e-mail |
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notification service for any purpose on January 1, 2023, may post |
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the notifications described by Subsection (d)(1) on the Internet |
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website of the municipality that are accessible from a prominently |
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displayed link on the home page of that website instead of |
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establishing an e-mail notification service as prescribed by this |
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section. |
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(d) The e-mail notification service must: |
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(1) allow a subscriber to request notification of |
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each: |
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(A) new fee proposed to be adopted by the |
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municipality; |
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(B) existing fee proposed to be increased by the |
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municipality; |
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(C) proposed budget of the municipality that |
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includes use of revenue from a fee described by Paragraph (A) or |
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(B); |
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(D) adopted budget of the municipality that |
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includes use of revenue from a fee described by Paragraph (A) or |
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(B); or |
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(E) public hearing scheduled to be held at which |
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a fee or budget described by Paragraphs (A)-(D) is scheduled to be |
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discussed; |
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(2) include a link in the notification to any web page |
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maintained by the municipality on which the fee or budget may be |
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viewed; and |
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(3) notify the subscriber by e-mail not later than the |
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day: |
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(A) the municipality provides public notice of a |
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public hearing at which a proposed new or increased fee or a |
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proposed budget is scheduled to be discussed, for notification of a |
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public hearing for a proposed fee or budget; |
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(B) the budget officer files a proposed budget |
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with the municipal clerk as required by Section 102.005, for |
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notification of a proposed budget; or |
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(C) the governing body files an adopted budget |
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with the municipal clerk as required by Section 102.008, for |
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notification of an adopted budget. |
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SECTION 8. The changes in law made by Sections 102.005, |
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102.006, 102.0065, 102.007, and 102.008, Local Government Code, as |
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amended by this Act, apply only to a proposed or adopted budget for |
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a fiscal year beginning on or after January 1, 2024. |
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SECTION 9. This Act takes effect September 1, 2023. |