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

21 provisions identified: 5 benefits, 8 costs, 8 mixed.

Houston raises fines for ordinance violations

The maximum fine for violating a Houston ordinance rises from $500 to $2,500 per violation. A violation can also bring up to 60 days in jail. A fine, jail time, or both can be imposed.

Houston expands collection of unpaid charges

Delinquent Town fines and property violation charges become first liens on an owner’s real estate. These liens take priority over other liens for 10 years after the charge became due. Charter collection powers also cover unpaid taxes, fees, assessments, and other charges lawfully imposed before the charter took effect. The Tax Collector collects taxes, water and sewer rent, electric charges, trash charges, and other Town revenue. These collection duties do not create new charges or change their amounts.

Houston expands delinquent property sale rules

Houston can buy, hold, and resell real or personal property sold for unpaid Town charges. Covered debts expressly include fines, property violation charges, trash bills, and other Town charges. For land sold for overdue Town taxes, sale expenses can reduce the proceeds or be charged to owners. Expenses include attorney, court, sheriff, and filing fees, replacing the old cost schedule. The provision sets no dollar limit for those expenses.

Houston removes its property tax cap

Houston removes the $500,000 annual cap on taxes raised from real estate and improvements for town purposes. The Town can now raise more than that amount. The law does not set a new tax rate or automatically increase property owners’ bills.

Houston bans contracts benefiting elected officials

Houston cannot make Town contracts with the Mayor, a Councilmember, or a business in which either has a financial interest. The ban covers materials, supplies, services, work, and labor. It removes the former $500 threshold and unanimous-Council-approval exception. Contracts that violate the ban are void.

Houston can hire lawyers statewide

Houston’s Town Solicitor can have an office anywhere in Delaware, not just Kent County. The solicitor must remain a member in good standing of the Delaware Bar.

Houston elections move earlier, notice grows

Houston’s annual election moves from the last Saturday in March to the last Saturday in February, with polls open 3–7 p.m. Council chooses a polling place within town, and qualified officials’ two-year terms begin at the next regular Council meeting. Two Councilmembers accept candidate names on a December Saturday, normally 6–8 p.m., unless Council changes the date or time. That sitting takes place at a Council-chosen location within town. Notice must be posted at least 14 days ahead, up from 10.

Houston gains options for loose animals

Houston can relocate, rehouse, remove, or dispose of animals running loose. This replaces charter language authorizing their destruction. The law does not guarantee any particular outcome for an animal or its owner.

Houston loses power over Sabbath observance

The law removes Houston Council’s charter power to regulate or control Sabbath observance.

Houston annexations must start with owners

Proposals to annex land next to Houston must start with a property-owner petition. The petition must come from all owners, or at least five but fewer than all owners. Council can no longer start an annexation investigation through a majority-vote resolution alone.

Houston financial officers must own property

Houston’s appointed Treasurer and Tax Collector must each be a town citizen and resident who owns property in Houston. Each must be at least 21 years old. These office qualifications do not change residents’ tax obligations.

Houston sets stricter elected office qualifications

Mayor and Council candidates must be U.S. citizens age 21 or older and bona fide U.S. and Delaware residents. They must have lived in Houston for at least one year before the annual election. They cannot be delinquent on Town taxes, utilities, or other Town debt, have a felony conviction, or have been ruled mentally incompetent. Someone who resigned from either office within two years is generally ineligible. Exceptions cover personal or close-family health, work obligations, or loss of Houston residency. Officials must keep meeting these qualifications while serving.

Houston can tax cable infrastructure

Houston’s infrastructure taxing power expressly includes cable and fiber-optic installations and no longer lists telegraph installations. Listed infrastructure is exempt when owned or operated by a railroad or railway company engaged in interstate commerce. The law sets no tax rate or household tax amount.

Property awards get deadlines and safeguards

Owners challenging a street-related compensation award must serve the Mayor notice within 10 days after the award notice is posted or mailed. The notice must state their disagreement and intent to seek a commission, using prepaid certified mail with return receipt requested. They must ask a Superior Court judge to appoint the commission within 15 days after serving notice. For recipients living outside Houston or away during the payment period, the Town must deposit damages to their credit in its bank. That deposit is due within 30 days after damages are finally set.

Houston co-owners vote by ownership share

In Houston annexation and town-loan special elections, co-owners share no more than one vote for each property. Each owner’s vote reflects their percentage ownership. For annexations, this replaces the rule giving a married couple one-half vote each. In loan elections, a town citizen age 18 or older who owns no property gets one vote. Town books and records are conclusive evidence of loan-election voting rights.

Houston keeps existing rules and debts

Houston and Council have powers granted by Delaware laws unless those powers conflict with the charter. Existing Town ordinances stay in force until Council repeals or changes them. Taxes, assessments, license fees, penalties, fines, and forfeitures owed to Houston remain due to the Town. Debts owed by the Town or Council remain in force until paid. These rules preserve existing authority and obligations rather than setting new rates or amounts.

Houston can borrow more, repay later

Houston’s revenue-anticipation borrowing limit rises from $100,000 to $500,000 in any one year. Total outstanding borrowing is also capped at $500,000, up from $100,000. A Council majority must find the borrowing necessary, and the Town must issue authorized promissory notes. Full repayment, including interest, is due by the end of 20 fiscal years after the first borrowing year, rather than 10. The law does not set a household charge.

Houston posts budgets online, fewer places

Houston must post its adopted budget within one week on the Town website and in two public places. Website posting is added, while required public posting locations drop from four to two. The budget must be available to any resident or taxpayer.

Houston raises its no-bid purchase limit

Houston can make purchases or contracts totaling $5,000 or less without competitive bidding. The exemption rises from $500. This gives the Town more buying flexibility while removing required bidding for purchases within the expanded exemption.

Houston requires bonds protecting town money

Before serving, the Treasurer and Tax Collector must each provide a bond equal to the municipal aid account or $10,000, whichever is greater. The Treasurer’s minimum rises from $5,000. Council must approve each bond’s surety. The bonds protect faithful service, transfer of Town funds, payment of collected revenue to the Treasurer, and settlement of accounts.

Houston changes tax hearings and approvals

At its last regular meeting of the fiscal year, Council uses Kent County’s completed assessment to decide revenue needs. Council no longer completes that assessment itself. Tax-rate changes require two public hearings, with notice 14 days ahead in four public places and one local newspaper. A Council majority must approve the change, but approval at two regular Council meetings is no longer required.

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

Signed by Governor
6/30/2025Governor
Passed By House. Votes: 40 YES 1 VACANT
6/30/2025House
Reported Out of Committee (Administration) in House with 5 On Its Merits
6/25/2025House
Assigned to Administration Committee in House
6/25/2025House
Passed By Senate. Votes: 21 YES
6/24/2025Senate
Reported Out of Committee (Elections & Government Affairs) in Senate with 2 Favorable, 4 On Its Merits
6/18/2025Senate
Introduced and Assigned to Elections & Government Affairs Committee in Senate
6/5/2025Senate

Bill Text

Current
6/5/2025
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