Legislative Blog

J.B. Williams, J.D.

3 bills that modify the Local Government Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

HB 2815 - Modifies rules for special district, and sets guidelines for what must be disclosed when property within a special district is being sold.

HB 4057 - Allows municipalities at or greater than 2 million population to create conservation district.

HB 4217 - In counties larger than 1.2 million, public utilities have the power of eminent domain.

3 bills that modify the Local Government Code

Published: 2024-05-28

HB 2815

Relating to certain conservation and reclamation districts and the related rules, including notice to prospective purchaser of property therein

A petition can shift the board from being appointed to being elected. Elected directors are entitled to receive fees of the office and reimbursement for actual expenses. The structure of this is already set out in the Water Code. There are specific sections that apply only to appointed electors and therefore are excluded from applying to elected directors.

There is an added portion that permits the directors to act on a majority if at least 2/3 of the directors has agreed to this in writing. This does not apply to taxes or assessments approved by voters of the district.

The Water Code is modified to permit the board to set the fees of the office up to the amount of per diem set by the Texas Ethics Commission for members of the legislature. This amount may not exceed the amount of daily per diem for 60 days per year.

Notice of all meetings should be posted on the district website, or on the county clerk for the county's website. Failure to post this notice does not prohibit the meeting from being held.

The open records rules is modified for those using a personal e-mail address in their position, but only if the district does not make available a public official e-mail address.

When determining feasibility of a project financed by bonds, the commission shall consider the following:

1. a district wholly or partly in Austin, Brazos, Chambers, Grimes, Liberty, Walker or Wharton County as if it were in Harris County; and
2. a district wholly or partly in Bastrop, Bell, Blanco, Burnet, Caldwell, Gillespie, Kendall, Lee, or Milam as if it were in Travis County

A district may divide the district on it's own motion or by virtue of a petition by a majority of the assessed value of the real property owners. In doing so, it may create one or more new districts. It shall name the district(s); include metes and bounds description of each district; appoint temporary directors; and provide for the division of assets and liabilities among the districts. A district may be divided only if they have never issued any bonds and are not imposing ad valorem taxes.

When selling property within these districts the following must be provided:

1. in at least 24-point, bold font - 'NOTICE TO PURCHASER OF SPECIAL TAXING OR ASSESSMENT DISTRICT'; and
2. the following, as applicable (specific language is included in the code):
   • the name of the district the property is in;
   • that the district may impost taxes and issue bonds, and that the rate of tax imposed for payment of bonds is unlimited;
   • and either current rate of tax per $100 of assessed value or the projected rate if none has yet been set;
   • and either the rate of assessment or the proposed rate of assessment;
   • total amount of bonds that are voter approved with a breakdown of how much for each: water, sewer, and drainage; $ for road facilities; $ for parks and recreational facilities; and $ for other facilities';
   • the total initial principal applicable for all bonds with a breakdown for each: $ for water, sewer, and drainage; $ for road facilities; $ for parks and recreational facilities; and $ for other facilities';
   • If there is a standby fee that was approved by the Texas Commission on Environmental Quality and the amount of such fee;
   • if applicable, either: if the district may be annexed by a particular city and if the district would be dissolved if so or that the city and the district overlap and property may be subject to taxation from both;
   • the district has partnered with the city, and the timeframe for annexation;
   • the specific purpose of the district, for instance water, sewer, drainage, flood control, firefighting, roads, parks, recreation and that the cost of these is not included in the purchase price for the property;
   • that tax rates are subject to change, as are other items set out in the notice;

HB 4057

Inclusion of a property in a conservation district by certain municipalities

A conservation district is defined as one meant to preserve, maintain, and protect the physical elements of development and the community and heritage of neighborhoods having distinct characteristics and patterns of development. The municipality must be equal or greater in population than 2 million. The owner of property within a conservation district may elect to be excluded by filing in the county an acknowledgement describing the property and stating that the owner elects to have the property excluded from the district. This may not be done for local historic landmark. Such statement must be filed before the first anniversary of the date of inclusion in a conservation district.

For purposes of avoiding additional bonds, an exclusion must be the right choice. However, I don't know if they could then require the excluded owner from doing something at 100% their own cost. It would seem not but who knows.

HB 4217

Powers of certain public utility agencies, granting the power of eminent domain

This applies to public utilities in a county with a population greater than 1.2 million. Public utilities may for the use and benefit of the agency, land, easements, and property inside their service area exercise the power of eminent domain as necessary for water, sanitary sewer, storm drainage, or flood control. They are not required to:

1. give bond for appeal or costs in any condemnation suit; or
2. deposit more than the amount of any award in any suit

Eminent domain cannot be used to acquire rights to underground water or of water or water rights.

A public hearing must be held before extending service to new customers located outside the service area identified in the 10 year capital improvements plan.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.