87(R) HB 1543 - Enrolled version - Bill Text

	H.B.  No.  1543

	AN ACT
	relating to certain procedural requirements for public improvement
	districts and transfers of property located in public improvement
	districts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Sections 372.010(a) and (b), Local Government
	Code, are amended to read as follows:
	(a)    During the six-month period 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.
	(b)    Not later than the seventh day after the date the
	governing body of a municipality or county adopts a resolution
	under Subsection (a), the municipality or county shall file a copy
	of the resolution with the county clerk of each county in which all
	or part of the improvement district is located [An authorization
	takes effect when it has been published one time in a newspaper of
	general circulation in the municipality or county.  If any part of
	the improvement district is located in the municipality's
	extraterritorial jurisdiction or if any part of the improvements is
	to be undertaken in the municipality's extraterritorial
	jurisdiction, the authorization does not take effect until the
	notice is also given one time in a newspaper of general circulation
	in the part of the extraterritorial jurisdiction in which the
	district is located or in which the improvements are to be
	undertaken].
	SECTION  2.    Section 372.013, Local Government Code, is
	amended to read as follows:
	Sec.  372.013.    SERVICE PLAN. (a)  The advisory body shall
	prepare an ongoing service plan and present the plan to the
	governing body of the municipality or county for review and
	approval.  The governing body may approve the plan only by ordinance
	or order.  The governing body may assign responsibility for the plan
	to another entity in the absence of an advisory body.
	(b)    The service plan must:
	(1)    cover a period of at least five years;
	(2)    [and must also] define the annual indebtedness and
	the projected costs for improvements; and
	(3)    include a copy of the notice form required by
	Section 5.014, Property Code.
	(c)    Not later than the seventh day after the date the
	governing body of a municipality or county approves a service plan,
	the municipality or county shall file a copy of the plan with the
	county clerk of each county in which all or part of the public
	improvement district is located.
	(d)    The governing body of the municipality or county [plan]
	shall review and update the service plan [be reviewed and updated]
	annually for the purpose of determining the annual budget for
	improvements.  Except for the service plan for a district described
	by Section 372.0035, the governing body may amend or update the plan
	only by ordinance or order.
	(e)    Not later than the seventh day after the date the
	governing body of a municipality or county amends or updates the
	service plan, including the notice form required by Section 5.014,
	Property Code, the municipality or county shall file a copy of the
	amended or updated plan with the county clerk of each county in
	which all or part of the public improvement district is located.
	SECTION  3.    Section 5.014, Property Code, is amended to read
	as follows:
	Sec.  5.014.    NOTICE OF OBLIGATIONS RELATED TO PUBLIC
	IMPROVEMENT DISTRICT. (a)  A person who proposes to sell or
	otherwise convey [A seller of residential] real property that is
	located in a public improvement district established under
	Subchapter A, Chapter 372, Local Government Code, or Chapter 382,
	Local Government Code, [and that consists of not more than one
	dwelling unit located in this state] shall first give to the
	purchaser of the property the [a] written notice prescribed by
	Subsection (a-1) or (a-2), as applicable.
	(a-1)    Except for the notice prescribed by Subsection (a-2),
	the notice required by Subsection (a) shall be executed by the
	seller and must, except as provided by Subsection (b), read as
	follows [that reads substantially similar to the following]:
	NOTICE OF OBLIGATION TO PAY [PUBLIC] IMPROVEMENT DISTRICT
	ASSESSMENT TO (insert name of municipality or county levying