S.B. No. 2295
  relating to the temporary board of and financing of certain
  facilities and improvements by the LaSalle Municipal Utility
  District No. 1; providing authority to impose an assessment.
         SECTION 1.  Sections 8472.052(a) and (b), Special District
  Local Laws Code, are amended to read as follows:
         (a)  The temporary board consists of:
               (1)  Chuck Kaufman;
               (2)  Eric Willis;
               (3)  Chris Gee;
               (4)  Kristi LaRue; and
               (5)  Doug Goss [On or after the effective date of the
  Act enacting this chapter, the owner or owners of a majority of the
  assessed value of the real property in the district may submit a
  petition to the commission requesting that the commission appoint
  as temporary directors the five persons named in the petition. The
  commission shall appoint as temporary directors the five persons
  named in the petition].
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8472.003; or
               (2)  the fourth anniversary of the effective date of
  their designation [the Act enacting this chapter].
         SECTION 2.  Section 8472.201, Special District Local Laws
  Code, is amended to read as follows:
  OBLIGATIONS.  (a)  Except as provided by Subsection (b), the [The]
  district may issue bonds or other obligations payable wholly or
  partly from ad valorem taxes, impact fees, revenue, contract
  payments, grants, or other district money, or any combination of
  those sources, to pay for any authorized district purpose.
         (b)  The district may not issue bonds payable wholly or
  partly from assessments.
         SECTION 3.  Chapter 8472, Special District Local Laws Code,
  is amended by adding Subchapter F to read as follows:
  (a)  Except as provided by this subchapter, the board may finance
  the construction or maintenance of a recreational facility or
  improvement with assessments on property under this subchapter only
               (1)  a written petition requesting that facility or
  improvement has been filed with the board; and
               (2)  the board holds a hearing on the proposed
         (b)  The petition must be signed by the owners of a majority
  of the assessed value of real property in the district subject to
  assessment according to the most recent certified tax appraisal
  roll for the county.
  MAINTENANCE.  An improvement or recreational facility project may
  include the planning, design, construction, improvement, and
  maintenance of:
               (1)  landscaping;
               (2)  marinas and bridges;
               (3)  lighting, banners, and signs;
               (4)  hiking and cycling paths or trails;
               (5)  sidewalks, pedestrian walkways, skywalks,
  crosswalks, or tunnels;
               (6)  ponds, lakes, recreational facilities, or scenic
               (7)  plazas or pedestrian malls;
               (8)  drainage or navigation improvements; or
               (9)  solid waste, water, sewer, or power facilities,
  including electrical and gas power facilities.
         Sec. 8472.253.  METHOD OF NOTICE FOR HEARING. The district
  shall mail notice of the hearing to each property owner in the
  district who will be subject to the assessment at the current
  address to be assessed as reflected on the tax rolls.  The district
  may mail the notice by certified or first class United States mail.
  The board shall determine the method of notice.
         Sec. 8472.254.  ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)  An
  assessment or a reassessment imposed under this subchapter by the
  district, penalties and interest on an assessment or reassessment,
  an expense of collection, and reasonable attorney's fees incurred
  by the district:
               (1)  are a first and prior lien against the property
               (2)  are superior to any other lien or claim other than
  a lien or claim for county, school district, or municipal ad valorem
  taxes; and
               (3)  are the personal liability of and a charge against
  the owners of the property even if the owners are not named in the
  assessment proceedings.
         (b)  The lien is effective from the date of the board's
  resolution imposing the assessment until the date the assessment is
  paid. The board may enforce the lien in the same manner that the
  board may enforce an ad valorem tax lien against real property.
         (c)  The board may make a correction to or deletion from the
  assessment roll that does not increase the amount of assessment of
  any parcel of land without providing notice and holding a hearing in
  the manner required for additional assessments.
  The district may not impose an assessment on the property,
  including the equipment, rights-of-way, facilities, or
  improvements, of:
               (1)  an electric utility or a power generation company
  as defined by Section 31.002, Utilities Code;
               (2)  a gas utility as defined by Section 101.003 or
  121.001, Utilities Code;
               (3)  a telecommunications provider as defined by
  Section 51.002, Utilities Code; or
               (4)  a person who provides to the public cable
  television or advanced telecommunications services.
         SECTION 4.  (a)  All governmental and proprietary actions of
  the LaSalle Municipal Utility District No. 1 taken before the
  effective date of this Act, including the creation of the district,
  the consent to create the district granted by the City of San
  Marcos, the consent agreement relating to the district and any
  amendments to that agreement, and any extension of time in which to
  hold a confirmation election for the district, are validated,
  ratified, and confirmed in all respects.
         (b)  This section does not apply to any matter that on the
  effective date of this Act:
               (1)  is involved in litigation if the litigation
  ultimately results in the matter being held invalid by a final court
  judgment; or
               (2)  has been held invalid by a final court judgment.
         SECTION 5.  (a)  The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 6.  For purposes of Section 8472.052(b)(2), Special
  District Local Laws Code, as amended by this Act, the effective date
  of the temporary directors' designation is the effective date of
  this Act.
         SECTION 7.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 2295 passed the Senate on
  May 19, 2017, by the following vote:  Yeas 29, Nays 2.
  Secretary of the Senate    
         I hereby certify that S.B. No. 2295 passed the House on
  May 24, 2017, by the following vote:  Yeas 137, Nays 9, two
  present not voting.
  Chief Clerk of the House