reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 370 - Miscellaneous Provisions Relating to Health and Public Safety of More Than One Type of Local Government › Section 370.001. Health Contracts in Border Municipalities or Counties

Sec. 370.001.  HEALTH CONTRACTS IN BORDER MUNICIPALITIES OR COUNTIES.  The governing body of a municipality or county that has a boundary that is contiguous with the border between this state and the Republic of Mexico may contract with a border municipality or state in the Republic of Mexico to provide or receive health services.
Added by Acts 1991, 72nd Leg., ch. 769, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 370 - Miscellaneous Provisions Relating to Health and Public Safety of More Than One Type of Local Government › Section 370.003. Municipal or County Policy Regarding Enforcement of Drug Laws

Sec. 370.003.  MUNICIPAL OR COUNTY POLICY REGARDING ENFORCEMENT OF DRUG LAWS.  The governing body of a municipality, the commissioners court of a county, or a sheriff, municipal police department, municipal attorney, county attorney, district attorney, or criminal district attorney may not adopt a policy under which the entity will not fully enforce laws relating to drugs, including Chapters 481 and 483, Health and Safety Code, and federal law.
Added by Acts 1997, 75th Leg., ch. 971, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 370 - Miscellaneous Provisions Relating to Health and Public Safety of More Than One Type of Local Government › Section 370.004. Notice of Damaged Fence

Sec. 370.004.  NOTICE OF DAMAGED FENCE.  (a)  A peace officer employed by a political subdivision of this state who investigates or responds to an incident in which a motor vehicle damages a fence shall, if the peace officer reasonably believes that the fence is intended to contain livestock or other animals:
(1)  immediately determine the owner of the land on which the damaged fence is located; and
(2)  notify the owner of the type and extent of the damage, if the owner has registered with the political subdivision in accordance with Subsection (c).
(b)  A peace officer is not liable to an owner of land or any other person for damage resulting from the peace officer's failure to notify the owner under Subsection (a).
(c)  A landowner must provide an agency or department of a political subdivision that employs peace officers with the following information if the landowner would like a peace officer of that agency or department to notify the landowner of damage under Subsection (a):
(1)  the landowner's name, address, and telephone number; and
(2)  the location and a description of the landowner's property.
Added by Acts 2007, 80th Leg., R.S., Ch. 330 (H.B. 2931), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 370 - Miscellaneous Provisions Relating to Health and Public Safety of More Than One Type of Local Government › Section 370.005. Municipal or County Policy Regarding Maintenance of Portable Fire Extinguishers in Government-Owned Vehicles

Sec. 370.005.  MUNICIPAL OR COUNTY POLICY REGARDING MAINTENANCE OF PORTABLE FIRE EXTINGUISHERS IN GOVERNMENT-OWNED VEHICLES.  (a)  In this section, "local government" means:
(1)  a county;
(2)  a municipality; or
(3)  an agency, department, or other division of a county or municipality.
(b)  A local government that adopts an ordinance, order, or policy requiring motor vehicles owned by the local government to be equipped with portable fire extinguishers shall require maintenance to be performed on the portable fire extinguishers annually in accordance with standards that are at least as stringent as the National Fire Protection Association Standard Number 10, Portable Fire Extinguishers.
Added by Acts 2011, 82nd Leg., R.S., Ch. 125 (H.B. 564), Sec. 2, eff. May 27, 2011.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 370 - Miscellaneous Provisions Relating to Health and Public Safety of More Than One Type of Local Government › Section 370.006. Assistance in Man-Made or Natural Disaster

Sec. 370.006.  ASSISTANCE IN MAN-MADE OR NATURAL DISASTER.  (a)  The governing body of a municipality, the chief of the fire department, or an emergency management director or coordinator designated for the municipality under Section 418.1015, Government Code, may request or accept any care, assistance, or advice described by Section 79.003(a), Civil Practice and Remedies Code, including the loan or operation of construction equipment or other heavy equipment by the owner or operator of the equipment, as applicable, or the donation of resources to the extent the governing body, chief, or emergency management director or coordinator believes necessary to address a man-made or natural disaster.
(b)  The commissioners court of a county, the county judge, the county fire marshal, an incorporated volunteer fire department under contract with a county under Section 352.001, a volunteer fire department described by Section 352.005, as applicable, or an emergency management director or coordinator designated for the county under Section 418.1015, Government Code, may request or accept any care, assistance, or advice described by Section 79.003(a), Civil Practice and Remedies Code, including the loan or operation of construction equipment or other heavy equipment by the owner or operator of the equipment, as applicable, or the donation of resources to the extent the commissioners court, county judge, county fire marshal, volunteer fire department, or emergency management director or coordinator believes necessary to address a man-made or natural disaster.
(c)  A person as defined by Section 79.001, Civil Practice and Remedies Code, who provides care, assistance, or advice to a municipality or county in the manner described by this section is immune from civil liability as provided by Section 79.003, Civil Practice and Remedies Code.
(d)  Subsection (a) or (b) does not authorize the acceptance of care, assistance, or advice in violation of any other law or contractual agreement that prohibits the acceptance of that care, assistance, or advice.
Added by Acts 2013, 83rd Leg., R.S., Ch. 141 (H.B. 487), Sec. 1, eff. May 24, 2013.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 370 - Miscellaneous Provisions Relating to Health and Public Safety of More Than One Type of Local Government › Section 370.007. Participation Agreement for Overdose Mapping

Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 204 (S.B. 1319), Sec. 2
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 425 (H.B. 1819), Sec. 6, see other Sec. 370.007.
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 1049 (S.B. 252), Sec. 2, see other Sec. 370.007.
Sec. 370.007.  PARTICIPATION AGREEMENT FOR OVERDOSE MAPPING.  (a)  A local health authority or law enforcement agency shall enter into a participation agreement with an entity that maintains a computerized system for mapping overdoses of one or more controlled substances for public safety purposes.
(b)  A local health authority or law enforcement agency shall provide information received under Section 161.045, Health and Safety Code, to the entity with which the authority or agency has a participation agreement under Subsection (a) for purposes of entering the information into the computerized system.  The local health authority or law enforcement agency is not required to provide information received under Section 161.045, Health and Safety Code, regarding a controlled substance to the entity with which the authority or agency has a participation agreement if the entity does not maintain an overdose map that includes the controlled substance.
(c)  A local health authority or law enforcement agency or an employee of a local health authority or law enforcement agency is not subject to civil or criminal liability for providing information received under Section 161.045, Health and Safety Code, to an entity pursuant to a participation agreement under this section.
(d)  Information provided to an entity pursuant to a participation agreement under this section is confidential and not subject to disclosure under Chapter 552, Government Code.
(e)  This section does not waive sovereign immunity to suit or liability.
Added by Acts 2023, 88th Leg., R.S., Ch. 204 (S.B. 1319), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 370 - Miscellaneous Provisions Relating to Health and Public Safety of More Than One Type of Local Government › Section 370.007. Juvenile Curfews Prohibited

Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 425 (H.B. 1819), Sec. 6
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 204 (S.B. 1319), Sec. 2, see other Sec. 370.007.
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 1049 (S.B. 252), Sec. 2, see other Sec. 370.007.
Sec. 370.007.  JUVENILE CURFEWS PROHIBITED.  (a)  Notwithstanding any other law, a political subdivision may not adopt or enforce an order, ordinance, or other measure that imposes a curfew to regulate the movements or actions of persons younger than 18 years of age.
(b)  This section does not apply to a curfew implemented under Chapter 418, Government Code, for purposes of emergency management.
Added by Acts 2023, 88th Leg., R.S., Ch. 425 (H.B. 1819), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 370 - Miscellaneous Provisions Relating to Health and Public Safety of More Than One Type of Local Government › Section 370.007. Appointing or Employing Certain Veterans to Position Requiring Licensure

Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 1049 (S.B. 252), Sec. 2
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 204 (S.B. 1319), Sec. 2, see other Sec. 370.007.
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 425 (H.B. 1819), Sec. 6, see other Sec. 370.007.
Sec. 370.007.  APPOINTING OR EMPLOYING CERTAIN VETERANS TO POSITION REQUIRING LICENSURE.  (a)  In this section, "commission" means the Texas Commission on Law Enforcement.
(b)  Notwithstanding any other law, a political subdivision that appoints or employs a person to hold a position that requires the person to be licensed by the commission may appoint or employ a legal permanent resident of the United States to hold the position if the person is an honorably discharged veteran of the armed forces of the United States with at least two years of service before discharge and holds the appropriate license issued by the commission.
(c)  A political subdivision may not appoint or employ a person under this section to hold a supervisory position until the person becomes a United States citizen.
Added by Acts 2023, 88th Leg., R.S., Ch. 1049 (S.B. 252), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 371 - Municipal Planning and Growth › Subchapter A. Promotional Advertising by Populous Municipalities › Section 371.001. Authority to Appropriate; Creation of Board

Sec. 371.001.  AUTHORITY TO APPROPRIATE;  CREATION OF BOARD.  (a)  The governing body of a municipality with a population of 1.3 million or less may appropriate from its general fund an amount not to exceed one percent of the general fund budget for that year for the purpose of advertising the municipality and promoting its growth and development.
(b)  Before the governing body may spend money appropriated under this section, the governing body shall create a citizens' advisory board in accordance with this subchapter.  The governing body may give the board the name Municipal Board of Development or another name.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 102, eff. Sept. 1, 1991.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 184, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 371 - Municipal Planning and Growth › Subchapter A. Promotional Advertising by Populous Municipalities › Section 371.002. Composition of Board

Sec. 371.002.  COMPOSITION OF BOARD.  (a)  The governing body of the municipality shall appoint five members to the board.
(b)  A board member serves two-year terms and may not receive compensation for service on the board.  A board member serves only in an advisory capacity and is not a public officer or agent of the municipality.
(c)  A member's service on the board does not invalidate a contract with the municipality in which the member has an interest.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 371 - Municipal Planning and Growth › Subchapter A. Promotional Advertising by Populous Municipalities › Section 371.003. Duties of Board

Sec. 371.003.  DUTIES OF BOARD.  (a)  The board shall:
(1)  investigate various methods of advertising and promoting the municipality;  and
(2)  recommend to the governing body of the municipality:
(A)  the best method of spending available funds for advertisement and promotion;  and
(B)  the amount to be appropriated in the next budget of the municipality for advertisement and promotion.
(b)  A recommendation of the board is not binding on the governing body of the municipality.  The governing body shall determine the methods of advertising and promotion to be used and, subject to this subchapter, the amount to be appropriated.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 371 - Municipal Planning and Growth › Subchapter A. Promotional Advertising by Populous Municipalities › Section 371.004. Management of Board

Sec. 371.004.  MANAGEMENT OF BOARD.  To carry out this subchapter, the governing body of the municipality may appoint a person to manage the promotion, development, tourism, and convention activities of the municipality or may designate an official of the municipality to perform that function.  The person appointed or designated shall serve ex officio as secretary of the board created for the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 371 - Municipal Planning and Growth › Subchapter A. Promotional Advertising by Populous Municipalities › Section 371.005. Cumulative Effect

Sec. 371.005.  CUMULATIVE EFFECT.  This subchapter is cumulative of powers that a municipality obtains under its charter and does not impair such a power.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 371 - Municipal Planning and Growth › Subchapter B. Appropriations for Promotional Advertising by General-Law Municipalities › Section 371.021. Appropriation of Funds for Advertising

Sec. 371.021.  APPROPRIATION OF FUNDS FOR ADVERTISING.  (a)  The governing body of a general-law municipality may appropriate from its general fund an amount not to exceed five cents per $100 assessed valuation for the purpose of advertising the municipality and promoting its growth and development.
(b)  Before the governing body may appropriate money under this section, a majority of voters voting in an election on the issue must approve the authority of the governing body to make appropriations under this section not to exceed the limit imposed by Subsection (a).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 371 - Municipal Planning and Growth › Subchapter C. Joint Municipal Planning › Section 371.041. Planning; Funding

Sec. 371.041.  PLANNING;  FUNDING.  A municipality may compile statistics, conduct studies, and formulate plans related to future growth and development of the municipality.  The municipality must pass an ordinance authorizing the expenditure of funds for those purposes before making the expenditures.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 371 - Municipal Planning and Growth › Subchapter C. Joint Municipal Planning › Section 371.042. Creation of Joint Planning Commission

Sec. 371.042.  CREATION OF JOINT PLANNING COMMISSION.  (a)  If the area in which a municipality may exercise zoning authority is adjacent to any area in which one or more other municipalities may exercise zoning authority, the municipality may participate in a joint planning commission with one or more of the other municipalities.  To participate in a joint planning commission, a municipality must adopt the provisions of this subchapter.
(b)  The governing bodies of each municipality participating in a joint planning commission shall appoint an equal number of representatives to the planning commission.
(c)  The planning commission shall meet and determine the area under its jurisdiction, describe the area by metes and bounds in writing and on a map, and file a copy of the description with the county clerk of the county in which the municipalities are located.
(d)  A municipality participating in the planning commission may contribute to or spend public funds for the commission to achieve the purposes of the commission.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 371 - Municipal Planning and Growth › Subchapter C. Joint Municipal Planning › Section 371.043. Master Plan; Other Duties

Sec. 371.043.  MASTER PLAN;  OTHER DUTIES.  (a)  A joint planning commission shall prepare an organized master plan for the orderly growth of the area under the jurisdiction of the commission.  In addition to other provisions, the plan must include:
(1)  highway design;
(2)  street and park layout;  and
(3)  designation of areas for the location of schools, residences, business and commerce, industry, and water reservoirs.
(b)  For a master plan to be effective, each municipality in the area must approve the plan.
(c)  To prepare the master plan, a joint planning commission may:
(1)  employ engineers, clerks, secretaries, and other administrative and field personnel;  and
(2)  make aerial photographs, land surveys, and topography studies.
(d)  A joint planning commission shall:
(1)  keep a complete record of all of its expenditures, meetings, activities, and plans;
(2)  submit to each municipality participating in the commission regular reports stating the commission's income, expenditures, accounts, and progress;  and
(3)  prepare and submit to each municipality participating in the commission an annual audit of expenditures, accounts, and funds under the supervision of the commission.
(e)  A joint planning commission shall make any report, account, or record requested by ordinance or resolution by a municipality participating in the commission.  Additionally, the commission shall perform any other duty requested by ordinance or resolution by a municipality if the duty is not inconsistent with the purposes of this subchapter and the request is approved by a majority of the governing bodies of the municipalities participating in the commission.
(f)  Any duty imposed on or power granted to a joint planning commission under this section must be approved by ordinance by each municipality participating in the commission.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 371 - Municipal Planning and Growth › Subchapter C. Joint Municipal Planning › Section 371.044. Open Meetings and Records

Sec. 371.044.  OPEN MEETINGS AND RECORDS.  Meetings of a joint planning commission are open to the public.  Records, minutes, books, and accounts of the commission are subject to public inspection.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 371 - Municipal Planning and Growth › Subchapter C. Joint Municipal Planning › Section 371.045. Cumulative Effect

Sec. 371.045.  CUMULATIVE EFFECT.  Authority under this subchapter is cumulative of other authority that a municipality has to expend public funds from the municipal treasury for the purposes of municipal planning and does not limit that other authority.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 372 - Improvement Districts in Municipalities and Counties › Subchapter A. Public Improvement Districts › Section 372.001. Short Title

Sec. 372.001.  SHORT TITLE.  This subchapter may be cited as the Public Improvement District Assessment Act.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 372 - Improvement Districts in Municipalities and Counties › Subchapter A. Public Improvement Districts › Section 372.0015. Definition

Sec. 372.0015.  DEFINITION.  In this subchapter, "extraterritorial jurisdiction" means extraterritorial jurisdiction as determined under Chapter 42.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 76(b), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 372 - Improvement Districts in Municipalities and Counties › Subchapter A. Public Improvement Districts › Section 372.002. Exercise of Powers

Sec. 372.002.  EXERCISE OF POWERS.  Powers granted under this subchapter may be exercised by a municipality or county in which the governing body of the municipality or county initiates or receives a petition requesting the establishment of a public improvement district.  A petition must comply with the requirements of Section 372.005.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1341, Sec. 2, eff. June 16, 2001.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 372 - Improvement Districts in Municipalities and Counties › Subchapter A. Public Improvement Districts › Section 372.003. Authorized Improvements

Sec. 372.003.  AUTHORIZED IMPROVEMENTS.  (a)  If the governing body of a municipality or county finds that it promotes the interests of the municipality or county, the governing body may undertake an improvement project that confers a special benefit on a definable part of the municipality or county or the municipality's extraterritorial jurisdiction.  A project may be undertaken in the municipality or county or the municipality's extraterritorial jurisdiction.
(b)  A public improvement project may include:
(1)  landscaping;
(2)  erection of fountains, distinctive lighting, and signs;
(3)  acquiring, constructing, improving, widening, narrowing, closing, or rerouting of sidewalks or of streets, any other roadways, or their rights-of-way;
(4)  construction or improvement of pedestrian malls;
(5)  acquisition and installation of pieces of art;
(6)  acquisition, construction, or improvement of libraries;
(7)  acquisition, construction, or improvement of off-street parking facilities;
(8)  acquisition, construction, improvement, or rerouting of mass transportation facilities;
(9)  acquisition, construction, or improvement of water, wastewater, or drainage facilities or improvements;
(10)  the establishment or improvement of parks;
(11)  projects similar to those listed in Subdivisions (1)-(10);
(12)  acquisition, by purchase or otherwise, of real property in connection with an authorized improvement;
(13)  special supplemental services for improvement and promotion of the district, including services relating to advertising, promotion, health and sanitation, water and wastewater, public safety, security, business recruitment, development, recreation, and cultural enhancement;
(14)  payment of expenses incurred in the establishment, administration, and operation of the district; and
(15)  the development, rehabilitation, or expansion of affordable housing.
(b-1)  Payment of expenses under Subsection (b)(14) may also include expenses related to the operation and maintenance of mass transportation facilities.
(c)  A public improvement project may be limited to the provision of the services described by Subsection (b)(13).
(d)  A county may establish a public improvement district unless within 30 days of a county's action to approve such a district, a home rule municipality objects to its establishment within the municipality's corporate limits or extraterritorial jurisdiction.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 76(c), eff. Aug. 28, 1989;  Acts 2001, 77th Leg., ch. 1341, Sec. 3, eff. June 16, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 340 (H.B. 1029), Sec. 1, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 970 (H.B. 1400), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 372 - Improvement Districts in Municipalities and Counties › Subchapter A. Public Improvement Districts › Section 372.004. Combined Improvements

Sec. 372.004.  COMBINED IMPROVEMENTS.  An improvement project may consist of an improvement on more than one street or of more than one type of improvement.  A project described by this section may be included in one proceeding and financed as one improvement project.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 76(d), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 372 - Improvement Districts in Municipalities and Counties › Subchapter A. Public Improvement Districts › Section 372.005. Petition

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) or (a-1) 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.
Acts 2019, 86th Leg., R.S., Ch. 995 (H.B. 1136), Sec. 3, eff. June 14, 2019.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 185(d), eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 372 - Improvement Districts in Municipalities and Counties › Subchapter A. Public Improvement Districts › Section 372.0055. Deferred Assessment; Estimate

Sec. 372.0055.  DEFERRED ASSESSMENT; ESTIMATE.  If a proposed improvement under Section 372.005 includes a deferred assessment, before holding the hearing required by Section 372.009, the governing body of the municipality or county must estimate:
(1)  the appraised value of taxable real property liable for assessment in the district; and
(2)  the cost of the improvement.
Added by Acts 2011, 82nd Leg., R.S., Ch. 970 (H.B. 1400), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 372 - Improvement Districts in Municipalities and Counties › Subchapter A. Public Improvement Districts › Section 372.006. Findings

Sec. 372.006.  FINDINGS.  If a petition that complies with this subchapter is filed, the governing body of the municipality or county may make findings by resolution as to the advisability of the proposed improvement, its estimated cost, the method of assessment, and the apportionment of cost between the proposed improvement district and the municipality or county as a whole.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1341, Sec. 5, eff. June 16, 2001.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 372 - Improvement Districts in Municipalities and Counties › Subchapter A. Public Improvement Districts › Section 372.007. Feasibility Report

Sec. 372.007.  FEASIBILITY REPORT.  (a)  Before holding the hearing required by Section 372.009, the governing body of the municipality may use the services of municipal employees, the governing body of the county may use the services of county employees, or the governing body of the municipality or county may employ consultants to prepare a report to determine whether an improvement should be made as proposed by petition or otherwise or whether the improvement should be made in combination with other improvements authorized under this subchapter.  The governing body may also require that a preliminary estimate of the cost of the improvement or combination of improvements be made.
(b)  For the purpose of determining the feasibility and desirability of an improvement district, the governing body may take other preliminary steps before the hearing required by Section 372.009, before establishing a public improvement district, or before entering into a contract.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1341, Sec. 6, eff. June 16, 2001.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 372 - Improvement Districts in Municipalities and Counties › Subchapter A. Public Improvement Districts › Section 372.008. Advisory Body

Sec. 372.008.  ADVISORY BODY.  (a)  After receiving a petition that complies with Section 372.005, the governing body of the municipality or county may appoint an advisory body with the responsibility of developing and recommending an improvement plan to the governing body.
(b)  The composition of the advisory body must include:
(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.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1341, Sec. 7, eff. June 16, 2001.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 372 - Improvement Districts in Municipalities and Counties › Subchapter A. Public Improvement Districts › Section 372.009. Hearing

Sec. 372.009.  HEARING.  (a)  A public improvement district may be established and improvements provided by the district may be financed under this subchapter only after the governing body of the municipality or county holds a public hearing on the advisability of the improvement.
(b)  The hearing may be adjourned from time to time until the governing body makes findings by resolution as to:
(1)  the advisability of the improvement;
(2)  the nature of the improvement;
(3)  the estimated cost of the improvement;
(4)  the boundaries of the public improvement district;
(5)  the method of assessment;  and
(6)  the apportionment of costs between the district and the municipality or county as a whole.
(c)  Notice of the hearing must be given in a newspaper of general circulation in the municipality or county.  If any part of the improvement district is to be 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 notice must also be given in a newspaper of general circulation in the part of the extraterritorial jurisdiction in which the district is to be located or in which the improvements are to be undertaken.  The final publication of notice must be made before the 15th day before the date of the hearing.  The notice must state:
(1)  the time and place of the hearing;
(2)  the general nature of the proposed improvement;
(3)  the estimated cost of the improvement;
(4)  the boundaries of the proposed assessment district;
(5)  the proposed method of assessment;  and
(6)  the proposed apportionment of cost between the improvement district and the municipality or county as a whole.
(d)  Written notice containing the information required by Subsection (c) must be mailed before the 15th day before the date of the hearing.  The notice must be addressed to "Property Owner" and mailed to the current address of the owner, as reflected on tax rolls, of property subject to assessment under the proposed public improvement district.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 76(f), eff. Aug. 28, 1989;  Acts 2001, 77th Leg., ch. 1341, Sec. 8, eff. June 16, 2001.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 372 - Improvement Districts in Municipalities and Counties › Subchapter A. Public Improvement Districts › Section 372.010. Improvement Order

Sec. 372.010.  IMPROVEMENT ORDER.  (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.
(c)  Actual construction of an improvement may not begin until after the 20th day after the date the authorization takes effect and may not begin if during that 20-day period written protests signed by at least two-thirds of the owners of record of property within the improvement district or by the owners of record of property comprising at least two-thirds of the total area of the district are filed with the municipal or county secretary or other officer performing the duties of the municipal or county secretary.  A person whose name appears on a protest may withdraw the name from the protest at any time before the governing body of the municipality or county convenes to determine the sufficiency of the protest.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 76(g), eff. Aug. 28, 1989;  Acts 2001, 77th Leg., ch. 1341, Sec. 9, eff. June 16, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 253 (H.B. 1543), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 372 - Improvement Districts in Municipalities and Counties › Subchapter A. Public Improvement Districts › Section 372.011. Dissolution

Sec. 372.011.  DISSOLUTION.  A public hearing may be called and held in the same manner as a hearing under Section 372.009 for the purpose of dissolving a district if a petition requesting dissolution is filed and the petition contains the signatures of at least enough property owners in the district to make a petition sufficient under Section 372.005(b).  If the district is dissolved, the district nonetheless shall remain in effect for the purpose of meeting obligations of indebtedness for improvements.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 372 - Improvement Districts in Municipalities and Counties › Subchapter A. Public Improvement Districts › Section 372.012. Area of District

Sec. 372.012.  AREA OF DISTRICT.  The area of a public improvement district to be assessed according to the findings of the governing body of the municipality or county may be less than the area described in the proposed boundaries stated by the notice under Section 372.009.  The area to be assessed may not include property not described by the notice as being within the proposed boundaries of the district unless a hearing is held to include the property and notice for the hearing is given in the same manner as notice under Section 372.009.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1341, Sec. 10, eff. June 16, 2001.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 372 - Improvement Districts in Municipalities and Counties › Subchapter A. Public Improvement Districts › Section 372.0121. Inclusion of Property in Common Characteristic Public Improvement District

Sec. 372.0121.  INCLUSION OF PROPERTY IN COMMON CHARACTERISTIC PUBLIC IMPROVEMENT DISTRICT.  (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 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.
(b)  Notwithstanding Subsection (a), no newly constructed hotel property may be added to the district unless the record owner of the property consents to its inclusion.
(c)  For purposes of Subsection (a)(2), the number of consenting record owners is sufficient if the record owners own more than 60 percent of 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 of taxable real property liable for assessment in the district; or
(2)  own, in aggregate, more than 60 percent of the area of all taxable real property liable for assessment in the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 995 (H.B. 1136), Sec. 4, eff. June 14, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 587 (S.B. 804), Sec. 1, eff. June 14, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 372 - Improvement Districts in Municipalities and Counties › Subchapter A. Public Improvement Districts › Section 372.013. Service Plan

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)  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 shall review and update the service plan 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.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1341, Sec. 11, eff. June 16, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 253 (H.B. 1543), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 372 - Improvement Districts in Municipalities and Counties › Subchapter A. Public Improvement Districts › Section 372.014. Assessment Plan; Payment by Exempt Jurisdictions

Sec. 372.014.  ASSESSMENT PLAN;  PAYMENT BY EXEMPT JURISDICTIONS.  (a)  An assessment plan must be included in the annual service plan.
(b)  The municipality or county is responsible for payment of assessments against exempt municipal or county property in the district.  Payment of assessments by other exempt jurisdictions must be established by contract.  An assessment paid by the municipality or county under this subsection is considered to have been paid by special assessment for the purposes of Subsection (a).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 76(h), eff. Aug. 28, 1989;  Acts 2001, 77th Leg., ch. 1341, Sec. 12, eff. June 16, 2001.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 372 - Improvement Districts in Municipalities and Counties › Subchapter A. Public Improvement Districts › Section 372.015. Determination of Assessment

Sec. 372.015.  DETERMINATION OF ASSESSMENT.  (a)  The governing body of the municipality or county shall apportion the cost of an improvement to be assessed against property in an improvement district.  The apportionment shall be made on the basis of special benefits accruing to the property because of the improvement.
(b)  Cost of an improvement may be assessed:
(1)  equally per front foot or square foot;
(2)  according to the value of the property as determined by the governing body, with or without regard to improvements on the property;  or
(3)  in any other manner that results in imposing equal shares of the cost on property similarly benefitted.
(c)  The governing body may establish by ordinance or order:
(1)  reasonable classifications and formulas for the apportionment of the cost between the municipality or county and the area to be assessed;  and
(2)  the methods of assessing the special benefits for various classes of improvements.
(d)  The amount of assessment for each property owner may be adjusted following the annual review of the service plan.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1341, Sec. 13, eff. June 16, 2001.