20
          
        
        
          
            Texas Association of Builders
          
        
        
          September/October 2015
        
        
          Feature
        
        
          
            HB 2232 (Rep. Kuempel/Sen. Campbell)
          
        
        
          
            Relating to the creation of regional
          
        
        
          
            military sustainability commissions for
          
        
        
          
            certain military installations.
          
        
        
          Permits
        
        
          Guadalupe and Bexar counties, and certain
        
        
          municipalities in those counties, to jointly create a
        
        
          regional military suitability commission.
        
        
          Effective Sept. 1, 2015.
        
        
          
            HB 3002 (Rep. A. Martinez/Sen. Hinojosa)
          
        
        
          
            Relating to the fee collected for the
          
        
        
          
            provision of providing street lights in a
          
        
        
          
            subdivision in the unincorporated area of
          
        
        
          
            certain counties and the authority of said
          
        
        
          
            county to obtain a lien against property.
          
        
        
          Requires street light fees that are collected in
        
        
          certain border counties to be added to the annual
        
        
          property tax statement for certain land owners.
        
        
          The county tax-assessor is required to collect
        
        
          and transfer the fees to the county. Permits the
        
        
          commissioners court of a county to obtain a lien
        
        
          against a property owner to secure payment of
        
        
          such fees and provides procedures for the filing
        
        
          and attachment of a lien.
        
        
          Effective Sept. 1, 2015.
        
        
          
            HB 3089 (Rep. Galindo/Sen. Menéndez)
          
        
        
          
            Relating to fire protection sprinkler
          
        
        
          
            systems in residential high-rise buildings.
          
        
        
          Amends the Health and Safety Code to require
        
        
          certain municipalities and counties to adopt a
        
        
          standard for the installation of fire protection
        
        
          sprinkler systems in residential-high rise buildings
        
        
          (defined as 75 feet or more from the ground).
        
        
          Requires an owner of an applicable residential
        
        
          high-rise building to provide notice of intent
        
        
          to comply with the municipality or county.
        
        
          Permits the attorney general, a district attorney
        
        
          or a county attorney to bring an action for an
        
        
          injunction to enforce the subchapter against an
        
        
          owner of a residential building not in compliance.
        
        
          Creates an offense, punishable by a fine of up to
        
        
          $10,000, if an individual is an owner or an agent
        
        
          of the owner of a residential building that is not
        
        
          in compliance with the standards as set forth by
        
        
          the provisions of the bill.
        
        
          Effective Sept. 1, 2015.
        
        
          
            HB 1640 (Rep. Farias/Sen. Campbell)
          
        
        
          
            Relating to the compatibility of certain
          
        
        
          
            defense community regulations and
          
        
        
          
            structures with military operations.
          
        
        
          Requires a defense community that proposes
        
        
          to adopt or amend an ordinance, rule, or
        
        
          plan that would be applicable in a controlled
        
        
          compatible land use area and that may impact
        
        
          base operations to notify the base or facility
        
        
          authorities concerning the compatibility of
        
        
          the proposed ordinance, rule, or plan with
        
        
          base operations.  Provides that this subsection
        
        
          applies only to a defense community that has
        
        
          not adopted airport zoning regulations under
        
        
          Chapter 241 (Municipal and County Zoning
        
        
          Authority Around Airports) and that: (1) is in
        
        
          Bexar County; (2) is in a county with a population
        
        
          of 130,000 or more that is adjacent to Bexar
        
        
          County; or (3) is in or includes a municipality
        
        
          that is located in a county with a population of
        
        
          more than 130,000 that borders the Red River.
        
        
          Authorizes a defense community described above
        
        
          to enter into a memorandum of agreement with
        
        
          the military base or defense facility to establish
        
        
          a smaller area in the controlled compatible land
        
        
          use area for which notification would be required
        
        
          by the defense community.  Requires the defense
        
        
          community, after providing notice, to enter into
        
        
          a memorandum of agreement with the military
        
        
          base or defense facility to establish provisions
        
        
          to maintain the compatibility of the proposed
        
        
          ordinance, rule, or plan with base operations.
        
        
          Effective Sept. 1, 2015.
        
        
          
            HB 2033 (Rep. Raymond/Sen. Zaffirini)
          
        
        
          
            Relating to authorizing counties to
          
        
        
          
            require the submission of digital maps in
          
        
        
          
            connection with the county plat approval
          
        
        
          
            process.
          
        
        
          Permits a county commissioners
        
        
          court to require certain applications for county
        
        
          plat approval to include digital maps that are
        
        
          compatible with other mapping systems used
        
        
          by the county.  TAB proposed an amendment
        
        
          that was adopted to (1) waive requirement
        
        
          if mapping technology was not “reasonably
        
        
          accessible” and (2) require mapping software
        
        
          only in a format “widely used.”
        
        
          Effective Sept. 1, 2015.
        
        
          
            *
          
        
        
          
            The increased homestead exemption is subject to
          
        
        
          
            the passage of Proposition 1 on the November 3
          
        
        
          
            ballot (See Voter Guide on Page 24).
          
        
        
          TAX RELIEF
        
        
          
            _______________________
          
        
        
          Comptroller Glenn Hegar’s well-received
        
        
          biennial revenue estimate at the start of the
        
        
          2015 session initiated a political bet on how
        
        
          much tax relief could be provided to Texas
        
        
          citizens and businesses. Given that the revenue
        
        
          estimate was above state spending levels,
        
        
          Governor Abbott challenged the legislature to
        
        
          cut $2 billion of each property and franchise
        
        
          taxes. What followed was a tennis match
        
        
          between the House and Senate on which
        
        
          chamber could meet the challenge.
        
        
          The Chairman of the House Ways and Means
        
        
          Committee – the committee from which all
        
        
          tax bills originate – Dennis Bonnen, proposed
        
        
          a tax relief plan that consisted of across-the-
        
        
          board franchise tax cuts and a cut to the state
        
        
          sales tax. The Senate tax package, pioneered by
        
        
          Finance Chair Jane Nelson, provided franchise
        
        
          tax cuts as well, along with significantly
        
        
          increasing the small business exemption and
        
        
          providing an increased property tax exemption.
        
        
          The final outcome of the tax relief package
        
        
          included cuts to both the franchise and
        
        
          property taxes, while adding additional
        
        
          protections from local tax hikes. Nearing the
        
        
          Governor’s requested amount, the $3.8 billion
        
        
          tax relief package consists of:
        
        
          • A 25% permanent reduction in the franchise
        
        
          tax (42% for EZ tax calculations).
        
        
          • A $10,000 increase in the school property
        
        
          tax homestead exemption (from $15,000
        
        
          to $25,000 which equals a savings
        
        
          of approximately $130 per year for
        
        
          homeowners).
        
        
          *
        
        
          • A protection against local tax increases with
        
        
          required 60% majority vote of governing
        
        
          bodies before taxes can be raised.
        
        
          In addition to the tax relief package, the
        
        
          legislature cut certain occupational taxes that
        
        
          will provide relief to different professions, such
        
        
          as the $200 annual occupation tax, inheritance
        
        
          tax, passenger beverage tax, fireworks tax, oil
        
        
          regulation tax and sulfur tax.
        
        
          
            *
          
        
        
          
            Denotes a TAB Priority Bill