Texas Local Government Code 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.
Terms Used In Texas Local Government Code 372.005
- Appraisal: A determination of property value.
- Municipality: means a general-law municipality, home-rule municipality, or special-law municipality. See Texas Local Government Code 1.005
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(b-1) Notwithstanding Subsection (b), a petition for the establishment of a public improvement district described by § 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.