More than 200 city-related bills passed during the 84th Session. Some of those bills are highlighted in other sections that detail eminent domain, economic development, transportation funding and tax relief bills. However, in addition there were also bills that: impact setting a property tax rate and address preemption that are spotlighted below in this section.
HB 40 (Darby/Fraser) addresses preemption of municipal authority to regulate oil and gas operations. Compromise language was reached in that municipal authority is preempted except that a city can regulate aboveground activity including a “regulation governing fire and emergency response, traffic, lights or noise, or imposing notice, or reasonable setback requirements,” if the regulation is “commercially reasonable”, does not effectively prohibit operations of a reasonably prudent operator, and is not preempted by state or federal law. The bill also provides that a municipal regulation is considered to be commercially reasonable if it has been in effect for at least five years and has allowed oil and gas operations to continue during that period. Legislative intent was also established in a House floor debate which clarified the “fire” reference about includes the adoption and enforcement of fire code provisions relating to oil and gas operations. The bill was signed by the Governor May 18, 2015 and became effective immediately.
SB 1760 (Creighton/Bonnen) requires that for a governing body to set a property tax rate that exceeds the effective tax rate, a 60-percent vote of the governing body is required. A city must provide the property tax rate notice not later than September 1 or the 30th day after it receives the appraisal roll, whichever is later. The bill was signed by the Governor June 15, 2015 and becomes effective January 1, 2016.
