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A BILL TO BE ENTITLED
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AN ACT
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relating to the voluntary assessment of property owners by a county |
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to finance certain solar energy improvements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 12, Local Government Code, is |
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amended by adding Chapter 388 to read as follows: |
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CHAPTER 388. CONTRACTUAL ASSESSMENTS FOR SOLAR ENERGY IMPROVEMENTS |
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Sec. 388.001. DEFINITIONS. In this chapter: |
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(1) "Eligible solar energy improvement" means a |
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photovoltaic or solar thermal system installed on residential |
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property. |
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(2) "Photovoltaic system" means an energy system that |
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collects or absorbs sunlight for conversion into electricity. |
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(3) "Solar thermal system" means an energy system that |
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collects or absorbs solar energy for conversion into heat for the |
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purposes of space heating, space cooling, or water heating. |
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Sec. 388.002. ORDER IMPOSING SOLAR ENERGY SPECIAL |
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ASSESSMENT. (a) The commissioners court of a county may provide by |
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order for a solar energy improvement special assessment to be |
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imposed on a single-family residential property within the |
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boundaries of the county if the owner of the property requests the |
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assessment. |
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(b) The purpose of the solar energy improvement special |
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assessment is to increase access by residents of the county to the |
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benefits of residential solar technology improvements by |
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participation in a voluntary special assessment on their |
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residential property that can be used to facilitate financing |
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arrangements for the eligible solar energy improvements. |
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Sec. 388.003. IMPLEMENTATION OF SOLAR ENERGY IMPROVEMENT |
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SPECIAL ASSESSMENT. A commissioners court adopting an order |
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providing for a solar energy improvement special assessment shall |
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direct the appropriate appraisal district to include the solar |
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energy improvement special assessment in the property tax |
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assessments for property subject to the assessment and to collect |
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the assessment at the same time and in the same manner as property |
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taxes are levied and collected if: |
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(1) the property owner has submitted a written |
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application, in a format approved by the county treasurer, |
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requesting that the solar energy improvement special assessment be |
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applied to the owner's property for the purpose of financing an |
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eligible solar energy improvement on the property; |
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(2) the county tax assessor-collector has verified |
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that: |
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(A) the property owner requesting the solar |
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energy improvement special assessment is the owner of record of the |
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property with respect to which the solar energy improvement special |
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assessment will be imposed; and |
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(B) there are no delinquent taxes on the |
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property; |
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(3) the property owner has submitted certification, in |
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a format approved by the county treasurer, that the improvements to |
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the property: |
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(A) are eligible solar energy improvements; |
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(B) comply with guidelines for residential |
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photovoltaic or solar thermal systems established by the Texas |
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Commission on Environmental Quality; and |
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(C) will be installed in compliance with any |
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guidelines established by the Texas Commission on Environmental |
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Quality for installation of photovoltaic or solar thermal systems; |
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and |
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(4) the property owner has submitted documentation, in |
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a format approved by the county treasurer, of the proposed |
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financing agreement for the solar energy improvements to the |
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property to establish: |
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(A) that the financing will be provided by a |
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financial institution certified as a solar energy improvement |
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financing institution under Section 388.006; |
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(B) that the financing is for an amount, |
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including principal, interest, and administrative fees to the |
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county, that is not more than 40 percent of the assessed value of |
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the property according to current county appraisal district |
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records; and |
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(C) the annual amount of the solar energy |
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improvement special assessment necessary to satisfy the financing |
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agreement and the number of years the assessment must be imposed on |
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the property. |
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Sec. 388.004. SOLAR ENERGY IMPROVEMENT SPECIAL ASSESSMENT; |
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LIEN CREATED. (a) The amount of the solar energy improvement |
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special assessment on a property is the amount necessary to pay the |
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costs of the eligible solar energy improvements, the costs of the |
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financing of the improvements when due, and the administrative fees |
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collected by the county. An agreement entered into by the owner of |
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the property with the solar energy improvement financing |
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institution and submitted under this section is conclusive |
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regarding the amount that may be assessed against the property. |
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(b) The solar energy improvement special assessment shall |
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be imposed at the same time and in the same manner as property taxes |
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are imposed. Money derived from the imposition of the solar energy |
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improvement special assessment shall be kept separate from other |
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county funds. |
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(c) A solar energy improvement special assessment |
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constitutes a lien on the property that is effective during the |
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period in which the assessment is imposed and has priority equal to |
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other property tax liens. |
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Sec. 388.005. SOLAR ENERGY IMPROVEMENT SPECIAL ASSESSMENT; |
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DISBURSEMENT OF PROCEEDS. (a) Proceeds from a solar energy |
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improvement special assessment on a property shall be disbursed by |
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the county treasurer solely for the purposes of: |
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(1) financing the solar energy improvements to that |
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property; and |
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(2) paying the applicable administrative fees to the |
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county. |
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(b) The county treasurer shall enter into an agreement with |
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the solar energy improvement financing institution providing |
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financing to the property owner specifying the procedures by which |
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the treasurer shall transfer the revenue from the assessment to the |
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institution. |
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Sec. 388.006. SOLAR ENERGY IMPROVEMENT FINANCING |
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INSTITUTIONS; CERTIFICATION OF QUALIFIED ENTITIES. The Finance |
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Commission of Texas shall adopt rules for the certification of a |
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financial institution as a solar energy improvement financing |
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institution. The rules must ensure that a solar energy improvement |
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financing institution is: |
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(1) a member institution of the Federal Deposit |
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Insurance Corporation or the National Credit Union Administration; |
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or |
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(2) an entity that the Finance Commission of Texas |
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finds meets generally accepted criteria for financial stability and |
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soundness. |
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Sec. 388.007. ADDITIONAL CRITERIA PROHIBITED. (a) A |
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county may not establish additional criteria for participation by |
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property owners in the solar energy improvement special assessment |
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beyond those provided by this chapter. |
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(b) A county may not require, as a condition of being |
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subject to a solar energy improvement special assessment, that a |
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property comply with energy efficiency standards, including energy |
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audits, appliance replacement, or energy efficiency improvements. |
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SECTION 2. 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, 2009. |