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ENROLLED
2026 Regular Session
HOUSE BILL NO. 138
BY REPRESENTATIVE CARPENTER
1 AN ACT
2 To amend and reenact R.S. 33:9097.29(E)(3), (F)(introductory paragraph), (1), and (3), (G),
3 and (H) and to enact R.S. 33:9097.29(I) and (J), relative to East Baton Rouge Parish;
4 to provide relative to the Parkwood Terrace Crime Prevention and Neighborhood
5 Improvement District; to provide relative to the members of the governing board of
6 the district; to provide relative to the powers and duties of the district; to provide
7 relative to the parcel fee imposed within the district; to establish a maximum fee; to
8 provide relative to the increase of the fee; to provide for effectiveness; and to provide
9 for related matters.
10 Notice of intention to introduce this Act has been published
11 as provided by Article III, Section 13 of the Constitution of
12 Louisiana.
13 Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 33:9097.29(E)(3), (F)(introductory paragraph), (1), and (3), (G), and
15 (H) are hereby amended and reenacted and R.S. 33:9097.29(I) and (J) are hereby enacted to
16 read as follows:
17 §9097.29. Parkwood Terrace Crime Prevention and Neighborhood Improvement
18 District
19 * * *
20 E. Powers and duties. The district, acting through its board of
21 commissioners, shall have the following powers and duties:
22 * * *
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1 (3) To receive and expend funds collected pursuant to Subsection F
2 Subsections F and G of this Section and in accordance with a budget adopted as
3 provided by Subsection G Subsection H of this Section.
4 * * *
5 F. Parcel fee. The governing authority of East Baton Rouge Parish district
6 may impose and collect a parcel fee within the district subject to and in accordance
7 with the provisions of this Subsection:.
8 (1) The amount of the fee shall be as requested by duly adopted resolution
9 of the board. The fee, however, shall not be less than one hundred dollars per parcel
10 per year and not more than one hundred fifty dollars per parcel per year for lots
11 zoned for residential use.
12 * * *
13 (3)(a) The fee shall be imposed only after the question of its imposition has
14 been approved by a majority of the registered voters of the district voting at an
15 election held for that purpose in accordance with the Louisiana Election Code. At
16 least thirty days prior to any election held to approve imposition of a parcel fee, the
17 board shall mail notification of the upcoming election to each registered voter of the
18 district and to the owner of each parcel if the owner is not a registered voter of the
19 district. During the term of the fee, the board may increase the fee one time during
20 each subsequent calendar year, without election, not to exceed ten percent of the
21 amount imposed during the previous calendar year; however, the amount of the fee
22 shall not exceed the maximum amount authorized in this Subsection. No other
23 election shall be required except as provided by this Paragraph.
24 (b) The initial election on the question of the imposition of the fee shall be
25 held at the same time as a regularly scheduled election in the parish of East Baton
26 Rouge.
27 (c) The fee shall expire ten years from its initial levy at the time provided in
28 the proposition authorizing the fee, not to exceed ten years, but may be renewed as
29 provided in Subparagraph (a) of this Paragraph. If the fee is renewed, the term of the
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1 imposition of the fee shall be as provided in the proposition authorizing such
2 renewal, not to exceed ten years.
3 * * *
4 G. Additional contributions. The district may solicit, accept, and expend
5 additional voluntary contributions and grants to carry out its purposes.
6 G. H. Budget. (1) The board of commissioners shall adopt an annual budget
7 in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et
8 seq.
9 (2) The district shall be subject to audit by the legislative auditor pursuant
10 to R.S. 24:513.
11 H. I. Miscellaneous provisions. (1) It is the purpose and intent of this
12 Section that the additional law enforcement personnel and services provided by the
13 district shall be supplemental to and not in lieu of personnel and services provided
14 in the district by the city of Baker and the city of Baton Rouge and parish of East
15 Baton Rouge.
16 (2) If the district ceases to exist, any funds of the district shall be transmitted
17 to the governing authority of the city of Baton Rouge and parish of East Baton
18 Rouge Baker and shall be used for law enforcement purposes in the area included
19 within the district.
20 J. Indemnification and exculpation. (1) The district shall indemnify its
21 officers and board members to the fullest extent permitted by R.S. 12:227, as fully
22 as if the district were a nonprofit corporation governed thereby and as may be
23 provided in the district's bylaws.
24 (2) No board member or officer shall be liable to the district or to any
25 individual who resides, owns property, visits, or otherwise conducts business in the
26 district for monetary damages for breach of his duties as a board member or officer,
27 provided that this provision shall not eliminate or limit the liability of a board
28 member or officer for any of the following:
29 (a) Acts or omissions not in good faith or which involve intentional
30 misconduct or a knowing violation of law.
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1 (b) Any transaction from which the board member or officer derived an
2 improper personal benefit.
3 (3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.
4 9:2792.1 through 2792.9, a person serving the district as a board member or officer
5 shall not be individually liable for any act or omission arising out of the performance
6 of his duties.
7 Section 2.(A) Except as provided in Subsection B of this Section, the provisions of
8 this Act shall not affect the parcel fee levied within the Parkwood Terrace Crime Prevention
9 and Neighborhood Improvement District on the effective date of this Act. The governing
10 authority of East Baton Rouge Parish shall continue to levy the fee until such time as it
11 expires, as provided in the proposition approved by a majority of the district's registered
12 voters voting on the proposition at an election held on December 10, 2016.
13 (B) Notwithstanding the provisions of Subsection A of this Section, the board of
14 commissioners of the Parkwood Terrace Crime Prevention and Neighborhood Improvement
15 District may call an election for the purpose of submitting the question of the imposition of
16 the fee authorized in this Act to the voters prior to the expiration of the fee. If the imposition
17 of the fee is approved by a majority of the district's registered voters voting on the
18 proposition at any such election, the governing authority of the district shall then begin to
19 levy a parcel fee as provided in the proposition.
20 (C) At no time shall a property owner in the district be subject to an annual parcel
21 fee, whether paid to the district or to the parish on behalf of the district or both, that exceeds
22 the rate limits provided in R.S. 33:9097.29(F)(1) as amended by this Act.
23 Section 3. This Act shall become effective upon signature by the governor or, if not
24 signed by the governor, upon expiration of the time for bills to become law without signature
25 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
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1 If vetoed by the governor and subsequently approved by the legislature, this Act shall
2 become effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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