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A BILL TO BE ENTITLED
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AN ACT
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relating to the boundaries and financing of a public improvement |
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district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 372, Local Government |
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Code, is amended by adding Section 372.0041 to read as follows: |
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Sec. 372.0041. PROPERTY WITHIN A PUBLIC IMPROVEMENT |
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DISTRICT. A public improvement district may: |
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(1) have a definable boundary encompassing contiguous |
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properties; or |
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(2) consist of noncontiguous properties that have a |
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common land use or other common characteristics. |
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SECTION 2. Subsection (a), Section 372.005, Local |
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Government Code, is amended to read as follows: |
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(a) A petition for the establishment of a public improvement |
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district must state: |
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(1) the general nature of the proposed improvement; |
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(2) the estimated cost of the improvement; |
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(3) the boundaries of the proposed assessment district |
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if composed of contiguous properties; |
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(4) the common type, classification, use, or |
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characteristics of properties to be included within the public |
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improvement district if the district is to be composed of |
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noncontiguous properties; |
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(5) the proposed method of assessment, which may |
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specify included or excluded classes of assessable property; |
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(6) [(5)] the proposed apportionment of cost between |
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the public improvement district and the municipality or county as a |
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whole; |
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(7) [(6)] whether the management of the district is to |
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be by the municipality or county, the private sector, or a |
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partnership between the municipality or county and the private |
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sector; |
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(8) [(7)] that the persons signing the petition |
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request or concur with the establishment of the district; and |
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(9) [(8)] that an advisory body may be established to |
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develop and recommend an improvement plan to the governing body of |
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the municipality or county. |
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SECTION 3. Subsections (b) and (c), Section 372.009, Local |
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Government Code, are amended to read as follows: |
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(b) The hearing may be adjourned from time to time until the |
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governing body makes findings by resolution as to: |
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(1) the advisability of the improvement; |
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(2) the nature of the improvement; |
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(3) the estimated cost of the improvement; |
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(4) the boundaries of the public improvement district |
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if composed of contiguous properties; |
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(5) the common type, classification, use, or |
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characteristics of properties to be included within the public |
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improvement district if the district is to be composed of |
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noncontiguous properties; |
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(6) the method of assessment; and |
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(7) [(6)] the apportionment of costs between the |
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district and the municipality or county as a whole. |
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(c) Notice of the hearing must be given in a newspaper of |
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general circulation in the municipality or county. If any part of |
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the improvement district is to be located in the municipality's |
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extraterritorial jurisdiction or if any part of the improvements is |
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to be undertaken in the municipality's extraterritorial |
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jurisdiction, the notice must also be given in a newspaper of |
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general circulation in the part of the extraterritorial |
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jurisdiction in which the district is to be located or in which the |
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improvements are to be undertaken. The final publication of notice |
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must be made before the 15th day before the date of the hearing. The |
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notice must state: |
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(1) the time and place of the hearing; |
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(2) the general nature of the proposed improvement; |
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(3) the estimated cost of the improvement; |
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(4) the boundaries of the proposed assessment district |
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if composed of contiguous properties; |
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(5) the common type, classification, use, or |
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characteristics of properties to be included within the public |
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improvement district if the district is to be composed of |
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noncontiguous properties; |
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(6) the proposed method of assessment; and |
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(7) [(6)] the proposed apportionment of cost between |
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the improvement district and the municipality or county as a whole. |
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SECTION 4. Subsection (b), Section 372.015, Local |
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Government Code, is amended to read as follows: |
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(b) Cost of an improvement may be assessed: |
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(1) equally per front foot or square foot; |
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(2) according to the value of the property as |
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determined by the governing body, with or without regard to |
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improvements on the property; [or] |
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(3) as a percentage of sales or receipts; or |
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(4) in any other manner that results in imposing equal |
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shares of the cost on property similarly benefitted. |
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SECTION 5. Subsection (b), Section 372.016, Local |
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Government Code, is amended to read as follows: |
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(b) The governing body shall file the proposed assessment |
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roll with the municipal secretary or other officer performing the |
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functions of the municipal secretary or in a district formed by a |
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county, the county tax assessor-collector. The proposed assessment |
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roll is subject to public inspection. The governing body shall |
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require the municipal secretary or other officer or county tax |
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assessor-collector to publish notice of the governing body's |
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intention to consider the proposed assessments at a public hearing. |
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The notice must be published in a newspaper of general circulation |
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in the municipality or county before the 10th day before the date of |
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the hearing. If any part of the improvement district is located in |
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the municipality's extraterritorial jurisdiction or if any part of |
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the improvements is to be undertaken in the municipality's |
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extraterritorial jurisdiction, the notice must also be published, |
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before the 10th day before the date of the hearing, in a newspaper |
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of general circulation in the part of the extraterritorial |
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jurisdiction in which the district is located or in which the |
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improvements are to be undertaken. The notice must state: |
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(1) the date, time, and place of the hearing; |
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(2) the general nature of the improvement; |
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(3) the cost of the improvement; |
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(4) the boundaries of the assessment district if |
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composed of contiguous properties; [and] |
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(5) the common type, classification, use, or |
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characteristics of properties to be included within the public |
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improvement district if the district is to be composed of |
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noncontiguous properties; and |
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(6) that written or oral objections will be considered |
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at the hearing. |
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SECTION 6. This Act takes effect September 1, 2011. |