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AN ACT
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relating to public improvement districts designated by a |
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municipality or county. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 372.003, Local Government Code, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) Payment of expenses under Subsection (b)(14) may also |
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include expenses related to the operation and maintenance of mass |
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transportation facilities. |
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SECTION 2. Subchapter A, Chapter 372, Local Government |
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Code, is amended by adding Section 372.0035 to read as follows: |
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Sec. 372.0035. COMMON CHARACTERISTIC OR USE FOR PROJECTS IN |
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CERTAIN MUNICIPALITIES. (a) This section applies only to: |
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(1) a municipality that has a population of more than |
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one million and a council-manager form of government and that is |
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located wholly or partly in a county with a population of more than |
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two million; and |
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(2) a public improvement district established under |
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this subchapter and solely composed of territory in which the only |
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businesses are hotels with 100 or more rooms ordinarily used for |
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sleeping. |
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(b) A municipality may undertake a project that confers a |
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special benefit on areas that share a common characteristic or use. |
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The areas may be noncontiguous. |
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(c) This section does not prohibit a municipality from or |
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limit a municipality to establishing a district that includes a |
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noncontiguous area authorized by this subchapter. |
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SECTION 3. Subchapter A, Chapter 372, Local Government |
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Code, is amended by adding Section 372.0055 to read as follows: |
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Sec. 372.0055. DEFERRED ASSESSMENT; ESTIMATE. If a |
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proposed improvement under Section 372.005 includes a deferred |
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assessment, before holding the hearing required by Section 372.009, |
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the governing body of the municipality or county must estimate: |
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(1) the appraised value of taxable real property |
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liable for assessment in the district; and |
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(2) the cost of the improvement. |
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SECTION 4. Section 372.017(b), Local Government Code, is |
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amended to read as follows: |
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(b) After all objections have been heard and the governing |
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body has passed on the objections, the governing body by ordinance |
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or order shall levy the assessment as a special assessment on the |
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property. The governing body by ordinance or order shall specify |
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the method of payment of the assessment. The governing body may |
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defer an assessment until a date the governing body specifies in the |
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ordinance or order. The governing body may provide that assessments |
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be paid in periodic installments, at an interest rate and for a |
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period approved by the governing body. The provision that |
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assessments be paid in periodic installments may, but is not |
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required to, result in level annual installment payments. The |
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installments must be in amounts necessary to meet annual costs for |
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improvements and must continue for: |
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(1) the period necessary to retire the indebtedness on |
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the improvements; or |
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(2) the period approved by the governing body for the |
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payment of the installments. |
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SECTION 5. Section 372.041(a), Local Government Code, is |
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amended to read as follows: |
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(a) A home-rule municipality may create improvement |
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districts for the purposes of: |
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(1) levying, straightening, widening, enclosing, or |
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otherwise improving a river, creek, bayou, stream, other body of |
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water, street, or alley; |
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(2) draining, grading, filling, and otherwise |
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protecting and improving the territory within the municipality's |
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limits; [and] |
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(3) issuing bonds to finance improvements listed in |
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this subsection; and |
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(4) financing an improvement described in Subchapter |
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A. |
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SECTION 6. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1400 was passed by the House on April |
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14, 2011, by the following vote: Yeas 142, Nays 0, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 1400 on May 26, 2011, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 1400 on May 29, 2011, by the following vote: Yeas 146, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1400 was passed by the Senate, with |
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amendments, on May 24, 2011, by the following vote: Yeas 30, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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1400 on May 29, 2011, by the following vote: Yeas 31, Nays 0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |