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DelawareSB 171153rd General Assembly (2024–2026)SenateWALLET

AN ACT TO AMEND THE CHARTER OF THE TOWN OF HOUSTON.

Sponsored By: David L. Wilson (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

16 provisions identified: 6 benefits, 4 costs, 6 mixed.

Higher fines for breaking town rules

The Town can fine up to $2,500 for violating an ordinance. It can also impose up to 60 days in jail, or both, depending on the offense.

Per-person town tax on adults

If you are a town citizen age 18 or older, you owe a per‑person town tax. The Town Council sets the amount. This is on top of any property tax.

Strong liens and tax sale for unpaid bills

Unpaid town charges, like water, sewer, electric, trash fees, and fines, become a first lien on your property for 10 years. If the Town orders sidewalk or curbing work and you do not do it in 30 days, the Town can do it and bill you; after 60 days unpaid, it is collected like delinquent taxes. For tax delinquencies, the Town can sue and ask the Superior Court to sell the property. The Tax Collector must mail an itemized notice at least 10 days before filing and advertise the sale. The court must approve the sale; you can stop it by paying before approval.

Annual property values set for taxes

Each year, the Town’s Board of Assessment values every property and its buildings within 90 days before the new fiscal year. Each parcel is clearly described and listed to the owner, or as “Owner Unknown” if the owner is not known. These values are used to figure your property tax bill, which can go up or down with your assessed value.

How property is assessed and appealed

A three‑member Board of Assessment values property within 90 days before the next fiscal year. The Council can instead use Kent County’s tax listing, and the Mayor must present the county assessment each May. The Board must deliver lists 90 days before the fiscal year ends and show land, improvements, and per‑person tax in separate columns. The Town posts the assessment list for at least 10 days, then hears appeals at the next regular meeting. You can appeal then; no Council member may sit on their own case.

How town taxes are set and due

The Town Council sets the yearly property tax rate, the per‑person tax, and utility rates and fees. After the last meeting of the fiscal year, the Town makes an Annual Tax List and gives it to the Tax Collector. Taxes are due on or before July 1 and become a lien when the list is delivered. Pay July 1–August 31 to get a 3% discount; after October 1, interest is 1.5% per month. Any change in tax rates needs two public hearings and Council votes. The Tax Collector must post a bond (at least $10,000 or the municipal aid account amount) and collect taxes and town charges.

Optional senior break on property taxes

The Town may adopt an ordinance to give seniors a town property tax break. If you are 65 or older and apply with Kent County, up to $4,000 of your assessment can be exempt from the town tax. This lowers the town part of your property tax bill if you qualify.

Town lawyer, health board, and police

The Mayor appoints a Town Solicitor who is a Delaware lawyer with a Kent County office to advise the Town. A four‑member Board of Health (including a doctor) can propose health rules; when adopted, they apply within town and one mile beyond. The Council can organize a police force to enforce town and state law in town and one mile outside, with statewide pursuit authority.

Town offices, elections, and meetings rules

The law creates the Town of Houston and vests power in a Mayor and four Council members, each serving two‑year terms. To run, you must be 21, a U.S. citizen, live in town for one year, and not be delinquent on town debts or have a felony conviction. The annual election is the last Saturday in March from 3–7 p.m., with 14‑day notice for nominations and set absentee rules. The Council meets monthly (first Thursday unless changed), with 48‑hour mailed notice for specials, and a majority is a quorum.

Yearly audit and public report

Each year the Mayor appoints an auditor with Council approval. The auditor reviews all town accounts and officers and makes a detailed report. Any resident or taxpayer can see the report. The auditor can access records and hire clerks to finish the audit.

Stronger safeguards on town spending

The Town must use competitive bidding and pick the lowest responsible bidder. No bids are required for purchases at or under $5,000, for personal or professional services, or in true emergencies. The Town cannot make a contract over $500 with the Mayor, a Council member, or their business unless the full Council votes yes unanimously; otherwise the contract is void. The Treasurer must post a bond equal to the municipal aid account balance or $10,000, whichever is higher, to protect public funds.

Town budget set in June, posted online

The Mayor presents a draft budget at the May meeting. The Council adopts the final budget by majority vote at the June meeting. The budget must list department expenses, supplies on hand, debt and bond payments, and expected income from taxes, water and sewer charges, assessments, licenses, and fees. Within one week of adoption, the Town posts the budget in four public places and on the Town website for residents and taxpayers to view.

90-day notice before suing the town

You must give the Town written notice within 90 days of an injury, death, or property damage to bring a claim. Send it to the Mayor by certified mail with return receipt. The notice must state when and where it happened, what caused it, what the injury is, and how severe it is.

How land is annexed and who votes

Property owners or the Town can start annexation of land next to town. The Mayor appoints a committee that reports in 90 days, and the Council holds a hearing. A special election, when required, is held 30–60 days after the hearing. Property owners get one vote (joint owners split by share), and adult residents who are not owners get one vote; exempt or unassessed property does not vote. The Town uses two voting machines and appoints a three‑person election board; approved annexations are recorded in Kent County within 90 days.

Mayor appointments and local court powers

The Mayor appoints an Alderman and Assistant Alderman with Council approval and may remove for cause with notice and a chance to be heard. Aldermen must be 21, live in town, and own property. The Alderman can arrest for breaches of the peace and enforce town ordinances. Fines can be up to $500 and jail up to 60 days. The Alderman must report monthly and pay collected fines to the Treasurer.

Who votes on town borrowing

At a special borrowing election, each property owner gets one vote, and each citizen age 18 or older who is not an owner gets one vote. Partnerships and corporations that own property get one vote. Joint owners vote by their share but together not more than one vote. The Town holds the election 30–60 days after a public hearing and uses town records to make the voter list.

Sponsors & Cosponsors

Sponsor

  • David L. Wilson

    Republican • Senate

Cosponsors

  • Charles S Postles Jr.

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 61 • No: 0

House vote • 6/30/2025

Passed (3/4 required)

Yes: 40 • No: 0

Senate vote • 6/24/2025

Passed (2/3 required)

Yes: 21 • No: 0

Actions Timeline

  1. Signed by Governor

    6/30/2025Governor

  2. Passed By House. Votes: 40 YES 1 VACANT

    6/30/2025House

  3. Reported Out of Committee (Administration) in House with 5 On Its Merits

    6/25/2025House

  4. Assigned to Administration Committee in House

    6/25/2025House

  5. Passed By Senate. Votes: 21 YES

    6/24/2025Senate

  6. Reported Out of Committee (Elections & Government Affairs) in Senate with 2 Favorable, 4 On Its Merits

    6/18/2025Senate

  7. Introduced and Assigned to Elections & Government Affairs Committee in Senate

    6/5/2025Senate

Bill Text

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