Bill Text: TX HB4604 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to the authority of the Barrett Management District to finance an improvement project or service.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2021-06-18 - Effective on 9/1/21 [HB4604 Detail]

Download: Texas-2021-HB4604-Enrolled.html
 
 
  H.B. No. 4604
 
 
 
 
AN ACT
  relating to the authority of the Barrett Management District to
  finance an improvement project or service.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 3930, Special District
  Local Laws Code, is amended by adding Section 3930.1515 to read as
  follows:
         Sec. 3930.1515.  ELECTION REQUIRED FOR FINANCING SERVICES
  AND IMPROVEMENTS. The board may not finance a service or an
  improvement project under this chapter unless the service or
  improvement is approved by 60 percent of the votes cast in an
  election held for that purpose. The election must be conducted in
  the manner provided by Subchapter D, Chapter 49, Water Code, for a
  bond election.
         SECTION 2.  Section 3930.154, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3930.154.  ASSESSMENTS; LIENS FOR ASSESSMENTS [NOT
  AUTHORIZED]. (a) The board by resolution may impose and collect an
  assessment for any purpose authorized by this chapter in all or any
  part of the district [The district may not impose an assessment].
         (b)  An assessment, a reassessment, or an assessment
  resulting from an addition to or correction of the assessment roll
  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
  assessed;
               (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.
         (c)  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.
         (d)  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 [Subchapter F,
  Chapter 375, Local Government Code, does not apply to the
  district].
         SECTION 3.  Section 3930.151, Special District Local Laws
  Code, is repealed.
         SECTION 4.  (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,
  lieutenant governor, and 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 have been
  fulfilled and accomplished.
         SECTION 5.  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, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4604 was passed by the House on May
  11, 2021, by the following vote:  Yeas 100, Nays 43, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 4604 on May 28, 2021, by the following vote:  Yeas 94, Nays 52,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 4604 was passed by the Senate, with
  amendments, on May 26, 2021, by the following vote:  Yeas 29, Nays
  2.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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