Sec. 372.005. PETITION. (a) A petition for the establishment of a public improvement district must state:
(1) the general nature of the proposed improvement;
(2) the estimated cost of the improvement;
(3) the boundaries of the proposed assessment district;
(4) the proposed method of assessment, which may specify included or excluded classes of assessable property;
(5) the proposed apportionment of cost between the public improvement district and the municipality or county as a whole;
(6) whether the management of the district is to be by the municipality or county, the private sector, or a partnership between the municipality or county and the private sector;
(7) that the persons signing the petition request or concur with the establishment of the district; and
(8) that an advisory body may be established to develop and recommend an improvement plan to the governing body of the municipality or county.
(b) The petition is sufficient if signed by:
(1) owners of taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located; and
(2) record owners of real property liable for assessment under the proposal who:
(A) constitute more than 50 percent of all record owners of property that is liable for assessment under the proposal; or
(B) own taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal.
(b-1) Notwithstanding Subsection (b), a petition for the establishment of a public improvement district described by Section 372.0035(a)(2) is sufficient only if signed by record owners of taxable real property liable for assessment under the proposal who constitute:
(1) more than 60 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located; and
(2) more than 60 percent of:
(A) all record owners of taxable real property that are liable for assessment under the proposal; or
(B) the area of all taxable real property that is liable for assessment under the proposal.
(c) The petition may be filed with the municipal secretary or other officer performing the functions of the municipal secretary.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 76(e), eff. Aug. 28, 1989; Acts 2001, 77th Leg., ch. 1341, Sec. 4, eff. June 16, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 447 (S.B. 837), Sec. 2, eff. September 1, 2015.
Section: Previous 372.001 372.0015 372.002 372.003 372.0035 372.004 372.005 372.0055 372.006 372.007 372.008 372.009 372.010 372.011 372.012 NextLast modified: September 28, 2016