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) 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.
Structure Texas Statutes
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
Section 372.003. Authorized Improvements
Section 372.0035. Common Characteristic or Use for Projects in Municipalities
Section 372.004. Combined Improvements
Section 372.0055. Deferred Assessment; Estimate
Section 372.007. Feasibility Report
Section 372.008. Advisory Body
Section 372.010. Improvement Order
Section 372.012. Area of District
Section 372.0121. Inclusion of Property in Common Characteristic Public Improvement District
Section 372.014. Assessment Plan; Payment by Exempt Jurisdictions
Section 372.015. Determination of Assessment
Section 372.016. Assessment Roll
Section 372.017. Levy of Assessment
Section 372.0175. Contracts for Collection of Assessments
Section 372.018. Interest on Assessment; Lien
Section 372.019. Supplemental Assessments
Section 372.021. Special Improvement District Fund
Section 372.022. Separate Funds
Section 372.023. Payment of Costs
Section 372.024. General Obligation and Revenue Bonds
Section 372.025. Terms and Conditions of Bonds
Section 372.027. Refunding Bonds
Section 372.028. Approval and Registration