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A BILL TO BE ENTITLED
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AN ACT
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relating to the notice given to purchasers of property within |
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certain water districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 49.452, Water Code, is amended by |
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amending subsection (a) to read as follows: |
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(a) (1) Any person who proposes to sell or convey real |
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property located in a district as defined by this subsection must |
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give to the purchaser the written notices as provided in this |
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section. |
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(2) For the purposes of this section, "district" means |
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a district that: |
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(A) operates pursuant to Chapter 375, Local |
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Government Code; or |
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(B) is created under this title or by a special |
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Act of the legislature, |
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(i) that is providing or proposing to |
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provide, as the district's principal function, water, sanitary |
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sewer, drainage, and flood control or protection facilities or |
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services, or any of these facilities or services that have been |
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financed or are proposed to be financed with bonds of the district |
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payable in whole or part from taxes of the district, or by |
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imposition of a standby fee, if any, to household or commercial |
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users, other than agricultural, irrigation, or industrial users, |
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and |
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(ii) [which district] includes less |
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than all the territory in at least one county and which, if located |
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within the corporate area of a city, includes less than 75 percent |
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of the incorporated area of the city or which is located outside the |
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corporate area of a city in whole or in substantial part [, must |
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first give to the purchaser the written notice provided in Section |
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49.4525 this section]. |
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(3)(2) The provisions of this section shall not be |
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applicable to: |
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(A) transfers of title under any type of lien |
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foreclosure; |
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(B) transfers of title by deed in cancellation of |
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indebtedness secured by a lien upon the property conveyed; |
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(C) transfers of title by reason of a will or |
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probate proceedings; [or] |
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(D) transfers of title to a governmental entity; |
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or |
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(E) transfers of title for the purpose of |
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qualifying a director. |
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SECTION 2. Subchapter M, Chapter 49, Water Code, is amended |
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by adding Section 49.4525 to read as follows: |
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Sec. 49.4525. FORM OF NOTICE. (a) The caption at the top of |
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the prescribed notice shall be printed in bold, capitalized letters |
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in a font that is 24 point or larger and shall read: "NOTICE TO |
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PURCHASER OF SPECIAL TAXING OR ASSESSMENT DISTRICT." |
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(b) The prescribed notice shall include the following |
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statements as applicable to the district, as determined by the |
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district. Statements not applicable to the district shall be |
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omitted or edited for accuracy, as determined by the district. |
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(i) "The real property that you are about to |
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purchase is located in the __________ District and may be subject to |
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district taxes or assessments." |
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(ii) "The district may, subject to voter |
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approval, levy taxes and issue bonds and levy an unlimited rate of |
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tax in payment of such bonds." |
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(iii) (A) "The current rate of the district |
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property tax is $__________ on each $100 of assessed valuation."; |
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or |
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(B) "The district has not yet levied taxes, |
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but the projected rate of the district property tax is $__________ |
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on each $100 of assessed valuation." |
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(iv) "The district may impose assessments and |
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issue bonds and impose an assessment in payment of such bonds." |
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(v) (A) "The rate of the district assessment |
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is $___________ on each $100 of assessed valuation."; or |
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(B) "The amount of the district assessment |
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on the real property that you are about to purchase is |
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$__________."; or |
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(C) "The district has not yet imposed an |
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assessment, but the projected [rate] [amount] of assessment is |
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$__________." |
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(vi) "The total amounts of bonds payable in whole |
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or in part from [property taxes] [assessments], [excluding |
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[refunding bonds that are separately approved by the voters] and |
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[any bonds or any portion of bonds issued that are payable solely |
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from revenues received or expected to be received under a contract |
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with a governmental entity]], approved by the voters are: |
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(A) $__________ for water, sewer, and |
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drainage facilities; |
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(B) $__________ for road facilities; |
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(C) $___________ for parks and recreational |
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facilities; and |
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(D) $__________ for __________ |
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facilities." |
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(vii) "The aggregate initial principal amounts |
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of all such bonds issued are: |
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(A) $__________ for water, sewer, and |
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drainage facilities; |
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(B) $__________ for road facilities; |
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(C) $___________ for parks and recreational |
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facilities; and |
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(D) $__________ for __________ |
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facilities." |
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(ix) "The district sought and obtained approval |
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of the Texas Commission on Environmental Quality to adopt and |
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impose a standby fee. The amount of the standby fee is $__________. |
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An unpaid standby fee is a personal obligation of the person that |
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owned the property at the time of imposition and is secured by a |
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lien on the property. Any person may request a certificate from the |
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district stating the amount, if any, of unpaid standby fees on a |
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tract of property in the district." |
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(x) (A) "The district is located in whole or |
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in part in the extraterritorial jurisdiction of the City of |
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__________. Texas law governs the ability of a municipality to |
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annex property in the extraterritorial jurisdiction and whether a |
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district that is annexed is dissolved."; or |
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(B) "The district is located in whole or in |
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part within the corporate boundaries of the City of __________. The |
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city and the district overlap, but may not provide duplicate |
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services or improvements. Property located in the city and the |
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district is subject to taxation by the city and the district." |
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(xi) "The district has entered into a strategic |
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partnership agreement with the City of ___________. This agreement |
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may address the timeframe, process, and procedures for the |
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municipal annexation of the area of the district." |
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(xii) "The purpose of the district is to provide |
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[[water,] [sewer,] [drainage,] [flood control,] [fire-fighting,] |
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[road,] [park and recreational,] or [____________ ]] facilities and |
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services. The cost of district facilities is not included in the |
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purchase price of your property." |
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(xiii) "PURCHASER IS ADVISED THAT THE |
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INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT |
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AT ANY TIME. THE DISTRICT ANNUALLY ESTABLISHES TAX RATES. |
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PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE |
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STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN |
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ON THIS FORM." |
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"The undersigned purchaser hereby acknowledges |
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receipt of the foregoing notice at or prior to execution of a |
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binding contract for the purchase of the real property or at closing |
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of purchase of the real property." |
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(d) The notice shall be dated and executed by the seller and |
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the purchaser. |
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(e) If the law is amended and causes inaccuracies in the |
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content of the notice, the district shall revise the content of the |
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notice to accurately reflect current law. |
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SECTION 3. Section 49.453, Water Code, is amended to add |
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subsection (e) to read as follows: |
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(e) A district required by Section 26.18, Tax Code, to |
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maintain an Internet website or have access to a generally |
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accessible Internet website for the purposes of that section, shall |
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post or cause to be posted on the Internet the district's form of |
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notice to purchasers under Section 49.4525. |
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SECTION 4. Subsection 49.455(c), Water Code, is amended to |
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read as follows: |
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(c) The information form [and map or plat required by this |
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section] shall be signed by a majority of the members of the board |
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and by each such officer affirmed and acknowledged before it is |
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filed with the county clerk, and each amendment made to an |
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information form [or map] shall also be signed by the members of the |
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board and by each such officer affirmed and acknowledged before it |
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is filed with the county clerk. |
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SECTION 5. (1) Subsections 49.452(b),(c),(d), and (e) are |
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repealed. |
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(2) Subsections 49.455(f) and (h) are repealed. |
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SECTION 6. 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, 2023. |