bill letting cities add hotels to existing improvement districts

The text as introduced · 828 words

90R2550 DRS-F

By: Cortez
H.B. No. 211

A BILL TO BE ENTITLED

AN ACT

relating to public improvement districts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 372.010(a), Local Government Code, is

amended to read as follows:

(a) During the six-month period beginning on [ after ] the

date of the final adjournment of the hearing under Section 372.009,

the governing body of the municipality or county may authorize an

improvement district if, by majority vote of all members of the

governing body, the members adopt a resolution authorizing the

district in accordance with its finding as to the advisability of

the improvement. Except for a resolution authorizing a district

described by Section 372.0035, the resolution must provide that the

authorization takes effect on the date the resolution is adopted.

SECTION 2. Section 372.0121, Local Government Code, is

amended by amending Subsections (a), (b), and (c) and adding

Subsections (a-1) and (d) to read as follows:

(a) Notwithstanding Section 372.012 or any other

requirement in this chapter, the governing body of a municipality

may include property in a public improvement district described by

Section 372.0035 after the establishment of the district if:

(1) the property is a hotel; and

(2) a sufficient number of the record owners of and

qualified petitioners representing the real property currently

included and proposed to be included in the district have consented

to be included in the district by signing the original petition to

establish the district or by signing a petition or written consent

to include property in the district.

(a-1) A person is a qualified petitioner under this section

if the person meets the requirements of Section 372.005(b-1).

(b) Notwithstanding Subsection (a), a [ no ] newly

constructed hotel property may not be added to a public improvement

[ the ] district under this section unless the record owner of the

property or a qualified petitioner representing the property

consents to its inclusion.

(c) For purposes of Subsection (a)(2), the number of

consenting record owners and qualified petitioners is sufficient

only if the [ record ] owners and petitioners own or represent more

than 60 percent of the appraised value of [ taxable ] real property

liable for assessment in the district, as determined by the current

appraisal roll of the appraisal district in which the property is

located, and:

(1) constitute more than 60 percent of all record

owners and qualified petitioners of [ taxable ] real property liable

for assessment in the district; or

(2) own or represent [ , in aggregate, ] more than 60

percent of the area of all [ taxable ] real property that is liable

for assessment in the district.

(d) If the record owner or qualified representative of a

property proposed to be included in a public improvement district

under this section consents to the inclusion, the governing body of

the municipality that established the district may include the

property in the district under this section without providing

notice or holding a hearing in the manner required by Section

372.009 or 372.012 for establishing the district.

SECTION 3. Section 372.017, Local Government Code, is

amended by amending Subsection (c) and adding Subsection (c-1) to

read as follows:

(c) Not later than the seventh day after the date the

governing body levies an assessment under Subsection (b), the

governing body shall submit the assessment roll for each public

improvement district established under this chapter to each

appraisal district in which property subject to assessment under

the [ public improvement ] district is located. Except as provided

by Subsection (c-1), the [ The ] assessment roll must state:

(1) the total assessment levied against each parcel of

land in the [ improvement ] district under Subsection (b);

(2) the amount of the annual assessment; and

(3) the amount of each periodic installment, if

applicable.

(c-1) To meet the requirements of Subsection (c), the

assessment roll for a public improvement district described by

Section 372.0035(a-1) may state only the annual assessment rate

levied on each hotel in the district under Subsection (b).

SECTION 4. Sections 372.0121 and 372.017, Local Government

Code, as amended by this Act, apply only to a request for the

inclusion of or the levy of an assessment on property in a public

improvement district made on or after the effective date of this

Act. A request for the inclusion of or the levy of an assessment on

property in a district made before the effective date of this Act is

governed by the law in effect on the date the request or assessment

is made, and the former law is continued in effect for that purpose.

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, 2027.